[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5335 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5335

To amend the National Trails System Act to provide for the inclusion of 
 new trail segments, land components, and campgrounds associated with 
  the Trail of Tears National Historic Trail, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2008

  Mr. Wamp (for himself, Mr. Aderholt, Mr. Boozman, Mr. Sullivan, Mr. 
Lucas, Mr. Lincoln Davis of Tennessee, Mr. Deal of Georgia, Mr. Cohen, 
Mr. Whitfield of Kentucky, Mr. Cole of Oklahoma, Mr. Shuler, Mr. Berry, 
 Mr. Duncan, Mr. Snyder, Mr. Tanner, Ms. Fallin, Mr. Gingrey, and Mr. 
Price of Georgia) introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the National Trails System Act to provide for the inclusion of 
 new trail segments, land components, and campgrounds associated with 
  the Trail of Tears National Historic Trail, 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. ADDITIONS TO TRAIL OF TEARS NATIONAL HISTORIC TRAIL.

    Section 5(a)(16) of the National Trails System Act (16 U.S.C. 
1244(a)(16)) is amended as follows:
            (1) By amending subparagraph (C) to read as follows:
                    ``(C) In addition to the areas otherwise designated 
                under this paragraph, the following routes and land 
                components by which the Cherokee Nation was removed to 
                Oklahoma are components of the Trail of Tears National 
                Historic Trail:
                            ``(i) The Benge and Bell routes.
                            ``(ii) The land components of the 
                        designated water routes in Alabama, Arkansas, 
                        Oklahoma, and Tennessee.
                            ``(iii) The routes from the collection 
                        forts in Alabama, Georgia, North Carolina, and 
                        Tennessee to the emigration depots.
                            ``(iv) The related campgrounds located 
                        along the routes and land components described 
                        in clauses (i) through (iii).''.
            (2) By striking the first sentence in subparagraph (D).
            (3) By adding at the end the following new subparagraphs:
                    ``(E) The Secretary may not use eminent domain to 
                acquire lands for the Trail of Tears National Historic 
                Trail and shall only include lands in that trail that 
                are consistent with and appropriate to the purpose for 
                which the trail was designated.
                    ``(F) Nothing in this paragraph shall be construed 
                to--
                            ``(i) require any private property owner to 
                        allow public access (including Federal, State, 
                        or local government access) to such private 
                        property;
                            ``(ii) modify any provision of Federal, 
                        State, or local law with regard to public 
                        access to or use of private property;
                            ``(iii) modify the authority of Federal, 
                        State, or local governments to regulate land 
                        use;
                            ``(iv) require the owner of any private 
                        property located within the boundaries of the 
                        trail to participate in or be associated with 
                        the trail;
                            ``(v) provide any nonexisting regulatory 
                        authority on land use within the trail; or
                            ``(vi) be considered to create any 
                        liability, or to 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.
                    ``(G) The boundaries designated for the trail 
                represent the area within which Federal funds 
                appropriated for the purpose of this paragraph may be 
                expended.''.
                                 <all>