II Calendar No. 365 110th CONGRESS 1st Session S. 169 [Report No. 110–167] IN THE SENATE OF THE UNITED STATES January 4, 2007 Mr. Allard (for himself, Mr. Levin, Mr. Feingold, and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources September 17, 2007 Reported by Mr. Bingaman, 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.

1.

Short title

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

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..

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. .

1.

Short title

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

2.

Authority to acquire land 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 land or interest in land 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 of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 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 land or interest in land 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 of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 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 land or interest in land 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 of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 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 land or interest in land 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 of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 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 land or interest in land 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 of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 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 land or interest in land 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 of the land or interest in land.. (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 land or interest in land 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 of the land or interest in land.. (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— (1)by striking the fourth and fifth sentences; and (2)by adding at the end the following: No land or interest in land 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 of the land or interest in land.. (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— (1)by striking the fourth and fifth sentences; and (2)by adding at the end the following: No land or interest in land 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 of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail..

3.

Conforming amendment

Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following: (c)

Authorization of appropriations

(1)

In general

Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a). (2)

Natchez Trace National Scenic Trail

(A)

In general

With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the trail) designated by section 5(a)(12)— (i)not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and (ii)not more than $2,000,000 shall be appropriated for the development of the trail. (B)

Participation by volunteer trail groups

The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail. .

September 17, 2007 Reported with an amendment