[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4995 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4995

   To require 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2022

  Mr. Heinrich (for himself and Mr. Daines) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To require 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.

    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. DEFINITIONS.

    In this Act:
            (1) Acequia.--The term ``acequia'' has the meaning given 
        the term ``community ditch'' in New Mexico Stat. 73-2-27.
            (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 New Mexico Stat. (or a successor statute).
            (3) Optimal location review.--The term ``optimal location 
        review'' means a review conducted in accordance with the 
        process described in the guide entitled ``Continental Divide 
        National Scenic Trail Optimal Location Review Guide'' and dated 
        November 2017.
            (4) Secretaries.--The term ``Secretaries'' means each of 
        the Secretary and the Secretary of the Interior.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (6) Team.--The term ``Team'' means the joint Forest Service 
        and Bureau of Land Management Trail completion team established 
        under section 3(b).
            (7) Trail.--The term ``Trail'' means the Continental Divide 
        National Scenic Trail established by section 5(a)(5) of the 
        National Trails System Act (16 U.S.C. 1244(a)(5)).

SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.

    (a) Completion of Trail.--
            (1) In general.--Not later than November 10, 2028, the 
        Secretaries shall, to the maximum extent practicable, ensure 
        the completion of the Trail as a contiguous route, consistent 
        with sections 3(a)(2), 5(a)(5), and 7 of the National Trails 
        System Act (16 U.S.C. 1242(a)(2), 1244(a)(5), 1246).
            (2) Required activities.--The Secretaries shall, to the 
        maximum extent practicable, carry out necessary activities to 
        achieve the goal described in paragraph (1), including the 
        following activities, in the following order of priority:
                    (A) Complete the Trail by acquiring land or an 
                interest in land, entering into easement agreements, or 
                encouraging a State or local government to enter into a 
                cooperative agreement to acquire any interest in land, 
                that is necessary--
                            (i) to eliminate gaps between sections of 
                        the Trail; and
                            (ii) to maintain the nature and purposes of 
                        the Trail.
                    (B) If appropriate and supported by local affected 
                stakeholders, optimize the Trail by relocating, 
                consistent with the nature and purposes of the Trail, 
                existing incompatible portions of the Trail onto 
                Federal land as necessary to provide for--
                            (i) maximum outdoor recreation potential;
                            (ii) the conservation and enjoyment of the 
                        nationally significant scenic, historic, 
                        natural, or cultural qualities of the areas 
                        through which the Trail passes;
                            (iii) continuity in land ownership, if 
                        desired by the owner of the affected land; and
                            (iv) segments of the Trail that are 
                        comparable in length to the segments of the 
                        Trail being relocated.
                    (C) Publish maps of the completed corridor of the 
                Trail.
    (b) Trail Completion Team.--
            (1) In general.--In carrying out subsection (a), not later 
        than 1 year after the date of enactment of this Act, the 
        Secretaries shall establish a joint Forest Service and Bureau 
        of Land Management Trail completion team to work in 
        coordination with the administrator of the Trail 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)), consistent with the nature and purposes 
        of the Trail.
            (2) Duties of the team.--The Team shall--
                    (A) carry out land and right-of-way acquisitions, 
                easement acquisitions, relocations, and Trail 
                construction activities, consistent with any optimal 
                location reviews, giving priority to land that--
                            (i) eliminates gaps between segments of the 
                        Trail;
                            (ii) may be acquired for the Trail by the 
                        Secretary or the Secretary of the Interior by--
                                    (I) purchase from a willing seller;
                                    (II) donation;
                                    (III) exchange;
                                    (IV) cooperative agreement; or
                                    (V) easement agreement;
                            (iii) is best suited for inclusion in the 
                        Trail corridor in accordance with the purposes, 
                        policy, and provisions of the National Trails 
                        System Act (16 U.S.C. 1241 et seq.);
                            (iv) if appropriate and supported by local 
                        affected stakeholders, 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;
                            (v) mitigates land use conflicts;
                            (vi) would support the development of rural 
                        communities through use as a trail; and
                            (vii) minimizes the distance to connect 
                        compatible segments of the Trail;
                    (B) provide the necessary administrative and 
                technical support to complete conveyances of the Trail 
                corridor under subsection (a);
                    (C) as appropriate, consult with other Federal 
                agencies, Governors of the affected States, affected 
                Indian Tribes, local governments, affected land owners, 
                land-grant mercedes, acequias, and applicable owners or 
                users of a land grant-merced or acequia, the 
                Continental Divide Trail Coalition, and other volunteer 
                and nonprofit organizations that assist in the 
                development, maintenance, and management of the Trail; 
                and
                    (D) support the Secretary in the development of the 
                comprehensive development plan for the Trail under 
                subsection (c) and annual reports under subsection (f).
    (c) Comprehensive Development Plan.--
            (1) In general.--Not later than 2 years after the date of 
        establishment of the Team under subsection (b), the Secretary 
        shall submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives a comprehensive development plan for 
        the Trail.
            (2) Recommended inclusions.--The plan submitted under 
        paragraph (1) should--
                    (A) identify any gaps in the Trail with respect to 
                which the Secretaries have not been able to acquire 
                land or interests in land by purchase from a willing 
                seller, donation, exchange, cooperative agreement, or 
                easement agreement;
                    (B) include a plan for closing the gaps identified 
                under paragraph (1) by acquiring land or interests in 
                land or entering into an easement agreement; and
                    (C) include general and site-specific development 
                plans, including anticipated costs.
    (d) Method of Acquisition.--In carrying out this section, the 
Secretaries--
            (1) may acquire land or an interest in land only by--
                    (A) purchase from a willing seller with donated or 
                appropriated funds;
                    (B) donation;
                    (C) exchange;
                    (D) cooperative agreement; or
                    (E) easement agreement; and
            (2) may not acquire land or an interest in land by eminent 
        domain.
    (e) Maintaining Existing Partnerships.--In carrying out this 
section, the Secretaries 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 not later than 
the end of each fiscal year thereafter until the date on which the 
comprehensive development plan for the Trail is determined by the 
Secretary to be fully implemented, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
that includes the following:
            (1) A description of the progress of the Secretaries in 
        acquiring land or interests in land to complete the Trail 
        consistent with this Act.
            (2) The quantity of land or interests in land acquired 
        during the fiscal year and the amount expended for the land or 
        interests in land.
            (3) The quantity of land or interests in land planned for 
        acquisition in the subsequent fiscal year and the estimated 
        cost of the land or interests in land.
            (4) The estimated quantity of land or interests in land 
        remaining to be acquired after taking into account the 
        acquisitions under paragraphs (2) and (3).
            (5) The existing number of miles of the Trail on Federal 
        land that need to be relocated to provide for--
                    (A) maximum outdoor recreation potential; and
                    (B) conservation and enjoyment of the nationally 
                significant scenic, historic, natural, or cultural 
                qualities of the areas through which the Trail passes.
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