[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4905 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4905

   To amend the National Trails System Act to designate the Chisholm 
 National Historic Trail and the Western National Historic Trail, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2020

   Mr. Moran 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 Chisholm 
 National Historic Trail and the Western 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. SHORT TITLE.

    This Act may be cited as the ``Chisholm National Historic Trail and 
Western National Historic Trail Designation Act''.

SEC. 2. DESIGNATION OF THE CHISHOLM NATIONAL HISTORIC TRAIL AND THE 
              WESTERN NATIONAL HISTORIC TRAIL.

    Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) 
is amended by adding at the end the following:
            ``(31) Chisholm national historic trail; western national 
        historic trail.--
                    ``(A) Establishment.--
                            ``(i) Chisholm national historic trail.--
                        The Chisholm National Historic Trail, a trail 
                        most heavily used by ranchers and drovers to 
                        move cattle to market between 1867 and 1884, 
                        extending along a route of approximately 1,378 
                        miles from Kingsville, Texas, through Cuero and 
                        San Antonio, Texas, northward through Oklahoma 
                        to Abilene, Kansas, as generally depicted on 
                        the maps numbered 1 through 6 contained in the 
                        report prepared by the National Park Service 
                        entitled `Chisholm and Great Western National 
                        Historic Trail Feasibility Study/Environmental 
                        Assessment' and dated May 2019.
                            ``(ii) Western national historic trail.--
                        The Western National Historic Trail, a trail 
                        most heavily used by ranchers and drovers to 
                        move cattle to market between 1867 and 1884, 
                        extending along a route of approximately 1,350 
                        miles from Kingsville, Texas, northward through 
                        Oklahoma and Dodge City, Kansas, to Ogallala, 
                        Nebraska, as generally depicted on the maps 
                        numbered 1 through 6 contained in the report 
                        prepared by the National Park Service entitled 
                        `Chisholm and Great Western National Historic 
                        Trail Feasibility Study/Environmental 
                        Assessment' and dated May 2019.
                    ``(B) Availability of map.--The maps described in 
                subparagraph (A) shall be on file and available for 
                public inspection in the appropriate offices of the 
                Department of the Interior.
                    ``(C) Administration.--
                            ``(i) In general.--The Secretary of the 
                        Interior shall administer the trails 
                        established by subparagraph (A) as a single 
                        administrative unit.
                            ``(ii) Administration of portions of trail 
                        on non-federal land.--
                                    ``(I) Requirements for 
                                administration.--The Secretary of the 
                                Interior shall administer any portion 
                                of a trail established by subparagraph 
                                (A) that is located on non-Federal land 
                                only--
                                            ``(aa) with the voluntary 
                                        consent of the owner of the 
                                        non-Federal land; and
                                            ``(bb) if the portion 
                                        qualifies for certification as 
                                        a component of the applicable 
                                        trail, consistent with section 
                                        3(a)(3).
                                    ``(II) Certification agreement.--
                                            ``(aa) In general.--The 
                                        approval by an owner of 
                                        applicable non-Federal land of 
                                        a certification agreement shall 
                                        satisfy the consent 
                                        requirements of subclause 
                                        (I)(aa).
                                            ``(bb) Termination.--A 
                                        certification agreement 
                                        referred to in item (aa) may be 
                                        terminated at any time.
                            ``(iii) Access to private property.--The 
                        establishment of a trail by subparagraph (A) 
                        does not authorize any person to enter private 
                        property without the consent of the owner of 
                        the private property.
                            ``(iv) Recognition of alternative names for 
                        trails.--In referring to a trail established by 
                        subparagraph (A) in maps and other documents, 
                        the Secretary of the Interior may acknowledge 
                        and use any alternative name that was 
                        historically used to reference the trail.
                    ``(D) Land acquisition.--
                            ``(i) Donation.--The Secretary of the 
                        Interior may accept a donation of land or an 
                        interest in land for a trail established by 
                        subparagraph (A).
                            ``(ii) Limitation.--The Secretary of the 
                        Interior may not acquire for a trail 
                        established by subparagraph (A) any land or 
                        interest in land--
                                    ``(I) that is located outside the 
                                exterior boundary of any federally 
                                managed area without the consent of the 
                                owner of the land or interest in land; 
                                or
                                    ``(II) that extends more than an 
                                average of \1/4\ of a mile on either 
                                side of a trail established by 
                                subparagraph (A).
                    ``(E) Effect on energy development, production, or 
                transmission.--Nothing in this paragraph, the 
                acquisition of land or an interest in land authorized 
                by this paragraph, or any management plan for a trail 
                established by subparagraph (A) prohibits, hinders, or 
                disrupts the development, production, or transmission 
                of energy.
                    ``(F) No buffer zones.--
                            ``(i) In general.--Nothing in this 
                        paragraph, the acquisition of land or an 
                        interest in land authorized by this paragraph, 
                        or any management plan for a trail established 
                        by subparagraph (A) creates a buffer zone.
                            ``(ii) Outside activities.--The fact that 
                        an activity or use on land outside a trail 
                        established by subparagraph (A) can be seen, 
                        heard, or detected from the applicable trail, 
                        including from any land or interest in land 
                        acquired for the applicable trail, shall not 
                        preclude, limit, control, regulate, or 
                        determine the conduct or management of the 
                        activity or use outside the applicable trail.
                    ``(G) No eminent domain or condemnation.--Land or 
                an interest in land may not be acquired for a trail 
                established by subparagraph (A) by eminent domain or 
                condemnation.
                    ``(H) Inventory of sites; administrative costs.--
                The Secretary of the Interior shall be responsible 
                for--
                            ``(i) the costs of any inventory to 
                        identify and define potential sites and 
                        segments for inclusion in a trail established 
                        by subparagraph (A); and
                            ``(ii) any other applicable administrative 
                        costs relating to a trail established by that 
                        subparagraph.
                    ``(I) Not a designation of `lands in the national 
                park system'.--Notwithstanding any other provision of 
                law, the establishment of a trail by subparagraph (A) 
                shall not have the effect of designating the trail or 
                any land on which the trail is located as `lands in the 
                National Park System' for purposes of section 28(b)(1) 
                of the Mineral Leasing Act (30 U.S.C. 185(b)(1)).
                    ``(J) No new authorities or permits.--
                            ``(i) No effect on authority to grant 
                        easements or rights-of-way.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of law, the 
                                establishment of a trail by 
                                subparagraph (A) shall not alter or 
                                affect the existing authority of any 
                                Federal, State, or local agency or 
                                official to grant easements or rights-
                                of-way over, under, across, or along 
                                any portion of the trail.
                                    ``(II) Authority of heads of 
                                federal agencies to grants easements or 
                                rights-of-way.--Notwithstanding the 
                                establishment of a trail by 
                                subparagraph (A), the head of any 
                                Federal agency having jurisdiction over 
                                any Federal land on which the trail is 
                                located (other than land that is 
                                considered to be `lands in the National 
                                Park System' for purposes of section 
                                28(b)(1) of the Mineral Leasing Act (30 
                                U.S.C. 185(b)(1)) as a result of an 
                                establishment under any other law), 
                                shall have the authority to grant 
                                easements or rights-of-way over, under, 
                                across, or along any applicable portion 
                                of the trail in accordance with the 
                                laws applicable to the Federal land.
                            ``(ii) No new permits required.--
                        Notwithstanding any other provision of law, the 
                        establishment of a trail by subparagraph (A) 
                        shall not subject the trail or any land on 
                        which the trail is located to any other Federal 
                        laws (including regulations) requiring a 
                        Federal permit or authorization that would 
                        otherwise be made applicable as a result of the 
                        establishment of the trail as a component of 
                        the National Trails System.''.
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