[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5118 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 326
117th CONGRESS
  2d Session
                                H. R. 5118

                          [Report No. 117-419]

To direct the Secretary of Agriculture to prioritize the completion of 
 the Continental Divide National Scenic Trail, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 27, 2021

    Mr. Neguse (for himself and Ms. Leger Fernandez) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

                             July 18, 2022

            Additional sponsors: Ms. Stansbury and Mr. Beyer

                             July 18, 2022

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on August 
                               27, 2021]


_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Agriculture to prioritize the completion of 
 the Continental Divide National Scenic 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 ``Continental Divide Trail Completion 
Act''.

SEC. 2. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.

    (a) Completion of Trail.--
            (1) In general.--Not later than November 10, 2028, the 
        Secretary and the Secretary of the Interior shall, to the 
        maximum extent practicable, ensure the completion of the 
        Continental Divide National Scenic Trail as a contiguous route, 
        consistent with the following provisions of the National Trails 
        System Act:
                    (A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).
                    (B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).
                    (C) Section 7 (16 U.S.C. 1246).
            (2) Priority of actions.--The Secretary and the Secretary 
        of the Interior shall, to the maximum extent practicable, take 
        necessary actions to achieve this goal, including the following 
        steps, listed in order of priority:
                    (A) Complete the Continental Divide National Scenic 
                Trail by acquiring land or an interest in land, or by 
                encouraging States or local governments to enter into 
                cooperative agreements to acquire interests in land, to 
                eliminate gaps between sections of the Trail while 
                maintaining the nature and purposes of the Trail.
                    (B) Optimize the Trail by relocating incompatible 
                existing portions of the Trail on Federal land as 
                necessary to provide for maximum outdoor recreation 
                potential and for the conservation and enjoyment of the 
                nationally significant scenic, historic, natural, or 
                cultural qualities of the areas through which the Trail 
                passes, consistent with the Trail's nature and 
                purposes.
                    (C) Publish maps of the completed Trail corridor.
    (b) Trail Completion Team.--
            (1) In general.--In carrying out subsection (a), not later 
        than 1 year after the date of the enactment of this section, 
        the Secretary, in coordination with the Secretary of the 
        Interior, shall establish a joint Forest Service and Bureau of 
        Land Management trail completion team to work in coordination 
        with the Trail Administrator to facilitate the completion and 
        optimization of the Trail, pursuant to the purposes of section 
        3(a)(2) of the National Trails System Act (16 U.S.C. 
        1242(a)(2)) and the Trail's nature and purposes.
            (2) Duties of the team.--The Team shall:
                    (A) Implement land and right-of-way acquisitions, 
                relocations, and trail construction consistent with any 
                Optimal Location Review for the trail, giving priority 
                to land that--
                            (i) eliminates gaps between segments of the 
                        Trail;
                            (ii) may be acquired by the Secretary or 
                        the Secretary of the Interior by purchase from 
                        a willing seller, donation, exchange, or by 
                        cooperative agreement;
                            (iii) is best suited for inclusion in the 
                        Trail corridor in accordance with the purposes, 
                        policies, and provisions of the National Trails 
                        System Act (16 U.S.C. 1241 et seq.); and
                            (iv) has been identified as a segment of 
                        the Trail on Federal land that should be 
                        relocated to provide for maximum outdoor 
                        recreation potential and the conservation and 
                        enjoyment of the nationally significant scenic, 
                        historic, natural, or cultural qualities of the 
                        areas through which the Trail passes.
                    (B) Provide the necessary administrative and 
                technical support to complete the Trail corridor under 
                subsection (a).
                    (C) As appropriate, consult with other Federal 
                agencies, Governors of affected States, Indian Tribes, 
                Land Grants-Mercedes, Acequias, relevant landowners or 
                land users of an acequia or land grant-merced, the 
                Continental Divide Trail Coalition, and other volunteer 
                and nonprofit organizations that assist in, or whose 
                members may be affected by, the development, 
                maintenance, and management of the Trail.
                    (D) Support the Secretary in the development of the 
                acquisition and development plan under subsection (c) 
                and annual reports under subsection (f).
    (c) Comprehensive Acquisition and Development Plan.--
            (1) In general.--Not later than 2 years after the 
        establishment of the Team under subsection (b), the Secretary 
        shall submit to the Committee on Natural Resources of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate a comprehensive acquisition and 
        development plan for the Trail.
            (2) Contents of plan.--The comprehensive acquisition and 
        development plan should--
                    (A) identify any gaps in the Trail where the 
                Secretary and the Secretary of the Interior have not 
                been able to acquire land or interests in land by 
                purchase from a willing seller, by donation, by 
                exchange, or by cooperative agreement;
                    (B) include a plan for closing such gaps by 
                acquiring lands or interests in land; and
                    (C) include general and site-specific development 
                plans, including anticipated costs.
    (d) Method of Acquisition.--In carrying out this section, the 
Secretary and the Secretary of the Interior--
            (1) may acquire land only by purchase from a willing seller 
        with donated or appropriated funds, by donation, or by 
        exchange; and
            (2) may not acquire land by eminent domain.
    (e) Maintaining Existing Partnerships.--In carrying out this 
section, the Secretary, the Secretary of the Interior, and the Team 
shall continue to maintain and develop working relationships with 
volunteer and nonprofit organizations that assist in the development, 
maintenance, and management of the Trail.
    (f) Reports.--Not later than September 30, 2024, and at the close 
of each fiscal year until the acquisition and development plan is fully 
implemented, the Secretary shall report on the following, in writing, 
to the Committee on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate:
            (1) The progress in acquiring land or interests in land to 
        complete the Trail consistent with this Act.
            (2) The amount of land or interests in land acquired during 
        the fiscal year and the amount expended for such land or 
        interests in land.
            (3) The amount of land or interests in land planned for 
        acquisition in the ensuing fiscal year and the estimated cost 
        of such land or interests in land.
            (4) The estimated amount of land or interests in land 
        remaining to be acquired.
            (5) The amount of existing Trail miles on Federal lands 
        that need to be relocated to provide for maximum outdoor 
        recreation potential and for conservation and enjoyment of the 
        nationally significant scenic, historic, natural, or cultural 
        qualities of the areas through which the Trail passes.
    (g) Definitions.--In this section:
            (1) Acequia.--The term ``acequia'' has the meaning of the 
        term ``community ditch'' as such term is defined under section 
        73-2-27 of the New Mexico Statutes.
            (2) Land grant-merced.--The term ``land grant-merced'' 
        means a community land grant issued under the laws or customs 
        of the Government of Spain or Mexico that is recognized under 
        chapter 49 of the New Mexico Statutes (or a successor statute).
            (3) Optimal location review.--The term ``Optimal Location 
        Review'' means the procedures described in the Continental 
        Divide National Scenic Trail Optimal Location Review Guide, 
        dated November 2017.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (5) Team.--The term ``Team'' means the trail completion 
        team established under subsection (b).
            (6) Trail.--The term ``Trail'' means the Continental Divide 
        National Scenic Trail established by section 5 of the National 
        Trails System Act (16 U.S.C. 1244).
            Amend the title so as to read: ``A bill to direct the 
        Secretary of Agriculture and the Secretary of the Interior to 
        prioritize the completion of the Continental Divide National 
        Scenic Trail, and for other purposes.''.
                                                 Union Calendar No. 326

117th CONGRESS

  2d Session

                               H. R. 5118

                          [Report No. 117-419]

_______________________________________________________________________

                                 A BILL

To direct the Secretary of Agriculture to prioritize the completion of 
 the Continental Divide National Scenic Trail, and for other purposes.

_______________________________________________________________________

                             July 18, 2022

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed