II 112th CONGRESS 1st Session S. 1083 IN THE SENATE OF THE UNITED STATES May 26, 2011 Mr. Moran (for himself and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to designate the route of the Smoky Hill Trail, an overland trail across the Great Plains during pioneer days in Kansas and Colorado, for study for potential addition to the national trails system.

1.

Short title

This Act may be cited as the Smoky Hill National Historic Trail Study Act.

2.

Designation of trail for study

Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following: (46)

Smoky hill trail

The Smoky Hill Trail, extending approximately 640 miles along the route from Atchison and Leavenworth, Kansas, to Denver, Colorado, which was an overland trail route, including all of its various branches, tributaries, and connecting routes to the Santa Fe Trail, across the Great Plains during pioneer days beginning in 1859 and ending with the arrival of the railroad in Denver in 1870. .

3.

Private property protections

(a)

Alternatives To Protect Private Property

In conducting the study required by the amendment made by section 2, 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; (5)require the owner of any private property to participate in or be associated with any addition to the National Parks System; (6)result in the reduction in value of property held by a private property owner; or (7)require or allow the Federal Government to acquire lands, or interests therein, outside the exterior boundaries of any federally administered area, except with the consent of the owner thereof. (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.

4.

Private property owner notification

Not less than 30 days before the Secretary of the Interior begins the study required by the amendment made by section 2, the Secretary shall notify all private property owners whose land will be studied that the study will be conducted.