[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4775 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4775

 To enhance the preservation, maintenance, and management of national 
  historic trails and national scenic trails, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2024

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

_______________________________________________________________________

                                 A BILL


 
 To enhance the preservation, maintenance, and management of national 
  historic trails and national scenic trails, 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 ``Appalachian Trail Centennial Act''.

SEC. 2. CONGRESSIONAL DECLARATION OF POLICY.

    Congress declares that--
            (1) the large landscape conservation work relating to 
        national historic trails and national scenic trails is built on 
        partnership, collaboration, and community engagement;
            (2) national historic trails and national scenic trails--
                    (A) are landscape conservation tools; and
                    (B) are federally designated areas, but may include 
                portions of non-Federal land under the National Trails 
                System Act (16 U.S.C. 1241 et seq.);
            (3) national historic trails and national scenic trails are 
        intended to be developed and protected over time, 
        collaboratively and cooperatively, to further the purposes of 
        the National Trails System Act (16 U.S.C. 1241 et seq.);
            (4) the Appalachian National Scenic Trail, 1 of the first 2 
        components of the National Trails System--
                    (A) is a realm of natural, scenic, historical, and 
                cultural wonder available to all; and
                    (B) is a model for cooperative stewardship 
                (historically known as ``cooperative management'') in 
                the National Trails System;
            (5) the centennial of the Appalachian National Scenic Trail 
        in 2025 is an opportunity to strengthen the precepts of the 
        cooperative management model--
                    (A) pioneered on the Appalachian National Scenic 
                Trail; and
                    (B) to be replicated as appropriate throughout the 
                National Trails System;
            (6) the development of the Appalachian National Scenic 
        Trail is in large part due to the efforts of volunteer 
        organizations (commonly referred to as ``Appalachian Trail 
        Maintaining Clubs'') that--
                    (A) directly or through subdivisions or subsidiary 
                organizations, have coordinated the participation of 
                tens of thousands of volunteers for the planning, 
                construction, development, and stewardship of the 
                Appalachian National Scenic Trail, which inspired the 
                establishment of the National Trails System; and
                    (B) are the expert, dispersed corps of volunteers 
                who provide much of the day-to-day cooperative 
                operation of the Appalachian National Scenic Trail;
            (7) there are inherently governmental functions referred to 
        in the National Trails System Act (16 U.S.C. 1241 et seq.) 
        relating to administration of national historic trails and 
        national scenic trails, which is distinct from management and 
        operation of those trails;
            (8) the Federal Government is responsible for 
        administration and, where the United States is the landowner, 
        management of national historic trails and national scenic 
        trails cooperatively stewarded under this Act, while sharing, 
        to the extent the Secretary concerned determines to be 
        practicable, operational responsibilities for those trails with 
        Designated Operational Partners and other cooperating 
        individuals and entities pursuant to cooperative agreements;
            (9) operation of a national historic trail or national 
        scenic trail does not require land management authority over 
        the land on which the national historic trail or national 
        scenic trail is located; and
            (10) it is the policy of the Federal Government that 
        national historic trails and national scenic trails--
                    (A) are conservation units managed and operated in 
                partnership with State and nongovernmental entities; 
                and
                    (B) while administered by Federal agencies, are 
                intended to be cooperatively developed with non-Federal 
                governmental and nongovernmental partners.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``administration'', with 
        respect to a covered trail, means the roles and 
        responsibilities that--
                    (A) are charged to the Secretary concerned, as 
                described in section 7(a) of the National Trails System 
                Act (16 U.S.C. 1246(a)), with respect to the covered 
                trail; and
                    (B) may not be shared with any other individual or 
                entity.
            (2) Comprehensive plan.--The term ``comprehensive plan'' 
        means a comprehensive plan for a covered trail submitted under 
        subsection (e) or (f) of section 5 of the National Trails 
        System Act (16 U.S.C. 1244).
            (3) Cooperative management.--The term ``cooperative 
        management'', with respect to a covered trail, means the 
        negotiated division of roles and responsibilities relating to 
        the stewardship and development of the covered trail that are--
                    (A) permissible under law; and
                    (B) within the categories of--
                            (i) administration;
                            (ii) management; and
                            (iii) operation.
            (4) Cooperative management system.--The term ``cooperative 
        management system'', with respect to a covered trail, means the 
        negotiated management structure for cooperative management of 
        the covered trail, including--
                    (A) Federal and State trust resource managers;
                    (B) Tribal governments;
                    (C) nongovernmental organizations; and
                    (D) volunteers organized by entities described in 
                subparagraphs (A) through (C).
            (5) Covered trail.--The term ``covered trail'' means a 
        national historic trail or national scenic trail designated by 
        section 5(a) of the National Trails System Act (16 U.S.C. 
        1244(a)).
            (6) Designated operational partner.--The term ``Designated 
        Operational Partner'', with respect to a covered trail, means 
        the entity designated for the covered trail under paragraph (1) 
        or (2) of section 4(a).
            (7) Gateway community.--The term ``gateway community'' 
        means a municipality or unincorporated settlement in the 
        vicinity of a covered trail.
            (8) Management.--The term ``management'', with respect to a 
        covered trail, means the roles as responsibilities under 
        applicable law of the owner of the land, or any interest in 
        land, on which the covered trail is located with respect to the 
        covered trail.
            (9) Operation.--
                    (A) In general.--The term ``operation'', with 
                respect to a covered trail, means any activity 
                permissible under law that--
                            (i) is carried out on land on which the 
                        covered trail is located pursuant to a 
                        cooperative agreement;
                            (ii) is not an activity of administration; 
                        and
                            (iii) does not infringe on any management 
                        or ownership authority of the applicable land 
                        manager, if the land manager is not the 
                        individual or entity carrying out the activity.
                    (B) Inclusions.--The term ``operation'' includes--
                            (i) acquisition of land for a covered 
                        trail;
                            (ii) construction and maintenance of a 
                        facility or other improvement on, across, or 
                        along a covered trail;
                            (iii) the provision of services for a 
                        covered trail;
                            (iv) conceptual development of a covered 
                        trail;
                            (v) maintenance of the treadway of a 
                        covered trail;
                            (vi) conducting a research project relating 
                        to a covered trail;
                            (vii) the provision to volunteers of 
                        education and training relating to methods of 
                        planning for, construction of, and maintenance 
                        of a covered trail; and
                            (viii) the stewardship of natural, 
                        cultural, or other resources associated with a 
                        covered trail.
            (10) Proposed priority list.--The term ``proposed priority 
        list'' means a proposed priority list for a covered trail 
        developed under section 4(f)(1).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (12) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary, with respect to a covered trail 
                administered by the Secretary; and
                    (B) the Secretary of Agriculture, with respect to a 
                covered trail administered by the Secretary of 
                Agriculture.
            (13) Volunteer organization.--The term ``volunteer 
        organization'' means an entity that coordinates the 
        participation of individuals in the operation of a covered 
        trail, whether directly or through a subdivision or subsidiary 
        organization.

SEC. 4. ESTABLISHING DESIGNATED OPERATIONAL PARTNERS FOR NATIONAL 
              HISTORIC TRAILS AND NATIONAL SCENIC TRAILS.

    (a) Designation.--
            (1) Appalachian trail conservancy.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary 
        concerned shall designate the Appalachian Trail Conservancy as 
        the Designated Operational Partner for the Appalachian National 
        Scenic Trail.
            (2) Additional designations.--
                    (A) In general.--In addition to the designation 
                under paragraph (1), the Secretary concerned may 
                designate an eligible entity described in subparagraph 
                (B) to serve as the Designated Operational Partner for 
                any other covered trail.
                    (B) Description of eligible entities.--An eligible 
                entity referred to in subparagraph (A) is an 
                organization, institution, corporation, or other entity 
                that, as determined by the Secretary concerned--
                            (i) is described in section 501(c) of the 
                        Internal Revenue Code of 1986 and exempt from 
                        tax under section 501(a) of that Code;
                            (ii) has demonstrated experience in the 
                        operation, maintenance, and preservation of the 
                        resources of the covered trail, regardless of 
                        whether the experience was before or after the 
                        designation of the covered trail under the 
                        National Trails System Act (16 U.S.C. 1241 et 
                        seq.);
                            (iii) has a plan for providing, 
                        facilitating, and coordinating the services of 
                        volunteers to contribute to the stewardship of 
                        the covered trail;
                            (iv) has a record, including through a 
                        predecessor organization, of engagement with 
                        the establishment, management, maintenance, or 
                        operation of the covered trail;
                            (v) adheres to reasonable financial, 
                        accounting, and risk management practices;
                            (vi) adheres to applicable requirements of 
                        Federal agreements, grants, and contracts; and
                            (vii) would not supplant a volunteer 
                        organization already serving a substantial 
                        operational role trail-wide or across a 
                        significant portion of the covered trail unless 
                        the Secretary concerned has determined that the 
                        lead management partner has failed to perform 
                        its responsibilities as agreed to or assigned 
                        under a management agreement with respect to 
                        the covered trail.
                    (C) Qualifications.--
                            (i) In general.--An eligible entity 
                        designated as a Designated Operational Partner 
                        under subparagraph (A) shall be considered to 
                        possesses unique expertise, location capacity, 
                        cost-sharing ability, or other unique qualities 
                        relevant to the designation as a Designated 
                        Operational Partner for the covered trail.
                            (ii) Present-funded activity.--Designation 
                        of a Designated Operational Partner for a 
                        covered trail shall be considered to be a 
                        continuation or completion of a present-funded 
                        activity.
            (3) Rescission.--The Secretary concerned may rescind the 
        designation of an eligible entity as a Designated Operational 
        Partner under paragraph (2) if the Secretary concerned 
        determines that the eligible entity has ceased to meet 1 or 
        more of the criteria described in subparagraph (B) of that 
        paragraph.
    (b) Cooperation in Operation.--
            (1) In general.--The Secretary concerned may, subject to 
        such terms and conditions as the Secretary concerned considers 
        to be appropriate, enter into a cooperative agreement with a 
        Designated Operational Partner for a covered trail to provide 
        for the operation of the covered trail.
            (2) Requirements and authorities.--A cooperative agreement 
        under paragraph (1)--
                    (A) shall be for a term of not more than 20 years;
                    (B) shall be for the purpose of facilitating the 
                effective and efficient operation of the applicable 
                covered trail under the cooperative management system 
                of the covered trail; and
                    (C) may allow for sharing of responsibilities 
                between the Designated Operational Partner and other 
                entities.
            (3) Authorized activities.--Notwithstanding any other 
        provision of law, the Secretary concerned may, through a 
        cooperative agreement under paragraph (1)--
                    (A) provide financial assistance to the Designated 
                Operational Partner for the purpose of carrying out 
                cooperative management activities, in accordance with 
                section 7 or 11 of the National Trails System Act (16 
                U.S.C. 1246, 1250), for the purpose of--
                            (i) providing stewardship for, preserving, 
                        conserving, or restoring--
                                    (I) the natural resources of the 
                                covered trail;
                                    (II) the historical and cultural 
                                resources of the covered trail;
                                    (III) the scenic resources of the 
                                covered trail; or
                                    (IV) the recreational resources of 
                                the covered trail;
                            (ii) providing stewardship for, developing, 
                        constructing, or maintaining facilities 
                        associated with the covered trail, including 
                        maintaining the treadway of a covered trail;
                            (iii) developing, delivering, or acquiring 
                        educational materials or public communications 
                        regarding the covered trail, including maps and 
                        guides to facilitate use of the covered trail; 
                        or
                            (iv) conducting activities to facilitate 
                        appropriate usage of the covered trail;
                    (B) carry out cooperative management activities for 
                the covered trail; and
                    (C) provide goods or services to, or receive funds, 
                goods, or services from, a Designated Operational 
                Partner.
            (4) Surplus personal property.--Notwithstanding sections 
        541 through 559 of title 40, United States Code, a Federal 
        agency may dispose of surplus personal property by transferring 
        the property to a Designated Operational Partner, to be used by 
        the Designated Operational Partner for purposes of carrying out 
        a cooperative agreement under paragraph (1), subject to the 
        requirement that the cooperative agreement shall prohibit the 
        Designated Operational Partner, or any subsidiary or 
        subdivision of the Designated Operational Partner, from--
                    (A) using the transferred property for purposes 
                other than carrying out the duties and authorities of 
                the Designated Operational Partner under the 
                cooperative agreement; or
                    (B) transferring the transferred property to a 
                recipient that is not a part of the cooperative 
                management system of the covered trail.
            (5) Additional resources.--A Designated Operational Partner 
        may seek and accept funds, property, or services from 
        individuals, foundations, corporations, and other private and 
        public entities--
                    (A) to carry out a cooperative agreement under 
                paragraph (1); or
                    (B) for related purposes.
            (6) Cooperative agreement.--A cooperative agreement under 
        paragraph (1)--
                    (A) shall be considered to be a cooperative 
                agreement under chapter 63 of title 31, United States 
                Code; and
                    (B) in accordance with the assignment of 
                responsibilities for the administration, management, 
                and operation of the covered trail, may be a 
                multilateral agreement among the Designated Operational 
                Partner, the Secretary, and the Secretary of 
                Agriculture, as applicable.
    (c) Proactive Cooperative Management Consultation.--The Secretary 
concerned shall proactively engage Designated Operational Partners in 
considering management actions that may affect efforts to fulfill the 
nature and purposes of a covered trail, as described in the 
comprehensive plan for the covered trail--
            (1) to determine the overall potential impact of the 
        administration and management actions on the covered trail;
            (2) to develop alternatives or opportunities to avoid or 
        mitigate undesirable impacts of administration and management 
        actions on the covered trail; and
            (3) to use trail information to develop plans that achieve 
        the desired management outcome for the covered trail.
    (d) Protection of Property Rights.--
            (1) In general.--If the Designated Operational Partner for 
        a covered trail becomes aware of an allegation of trespass or 
        other infringement or violation of a property right held by the 
        Federal Government that adversely affects the identified 
        cultural, natural, scenic, recreational, or historical 
        resources of the covered trail, the Designated Operational 
        Partner may submit to the Secretary concerned and the United 
        States Attorney for the Federal district court in which the 
        alleged violation occurred a written request--
                    (A) to investigate the allegation; and
                    (B) to enforce the rights of the United States by 
                preventing, reducing, mitigating, or remediating the 
                adverse effects of the alleged violation.
            (2) Notice.--
                    (A) In general.--A request under paragraph (1) 
                shall include, to the maximum extent practicable, 
                detailed information relating to the alleged trespass, 
                infringement, or violation, including--
                            (i) the nature, location, duration, and 
                        known identity of any alleged offender;
                            (ii) any efforts carried out to address the 
                        alleged violation;
                            (iii) any impacts of the alleged violation 
                        on the applicable covered trail or resources of 
                        the covered trail; and
                            (iv) any requested remedy.
                    (B) Submission requirements.--A request under 
                paragraph (1) shall be--
                            (i) submitted to the Secretary concerned 
                        and appropriate United States Attorney by--
                                    (I) electronic means; or
                                    (II) delivery to the address on 
                                file for official correspondence; and
                            (ii) clearly identified as a ``Designated 
                        Operational Partner Request for Redress''.
                    (C) Signatures.--A request under paragraph (1) may 
                be signed by--
                            (i) the applicable Designated Operational 
                        Partner; and
                            (ii) any other entity operating under a 
                        cooperative or other agreement to support the 
                        cooperative management system of the applicable 
                        covered trail.
            (3) Response.--
                    (A) Assessment.--Not later than 60 days after the 
                date on which a request is submitted under paragraph 
                (1), the Secretary shall submit to the United States 
                Attorney for the Federal district court in which the 
                applicable alleged trespass, infringement, or violation 
                occurred and the Designated Operational Partner an 
                assessment of the alleged violation.
                    (B) Additional information from designated 
                operational partner.--Not later than 30 days after the 
                date on which the Designated Operational Partner 
                receives an assessment under subparagraph (A), the 
                Designated Operational Partner may provide to the 
                Secretary concerned and the relevant United States 
                Attorney additional information relating to the alleged 
                violation.
                    (C) Response from united states attorney.--Not 
                later than 150 days after the date on which a request 
                is submitted to a United States Attorney under 
                paragraph (1), or not later than 60 days after the date 
                on which a Designated Operational Partner provides 
                additional information under subparagraph (B) to the 
                United States Attorney, if applicable, the United 
                States Attorney shall submit to the Secretary concerned 
                and the Designated Operational Partner information 
                regarding whether the United States Attorney is 
                pursuing redress for the alleged violation.
            (4) Litigation costs.--In issuing any final order in an 
        action brought under this subsection, the relevant Federal 
        district court may award to a Designated Operational Partner 
        the costs of litigation (including reasonable attorney and 
        expert witness fees) if the Designated Operational Partner is a 
        prevailing or substantially prevailing party in the action, as 
        the court determines to be appropriate.
            (5) Effect.--Nothing in this subsection--
                    (A) limits any cause of action that the Federal 
                Government may have under any other law;
                    (B) obligates--
                            (i) a Designated Operational Partner to 
                        participate, or to present claims or defenses, 
                        in any civil action relating to the property 
                        rights of the Federal Government; or
                            (ii) the Federal Government to participate, 
                        or to present claims or defenses, in any civil 
                        action relating to the property rights of the 
                        Designated Operational Partner; or
                    (C) makes--
                            (i) a Designated Operational Partner a 
                        necessary party in any action relating to the 
                        property rights of the Federal Government; or
                            (ii) the Federal Government a necessary 
                        party in any action relating to the property 
                        rights of the Designated Operational Partner.
    (e) Volunteer Services.--
            (1) Considerations.--In establishing and carrying out any 
        policy relating to volunteers for a covered trail, the 
        Secretary and the Secretary of Agriculture shall consider the 
        volunteer coordination needs and practices of the applicable 
        Designated Operational Partner and associated nongovernmental 
        organizations engaged in the cooperative management of the 
        covered trail through the cooperative management system of the 
        covered trail.
            (2) Proactive cooperative management required.--Before 
        establishing or modifying a policy described in paragraph (1), 
        the Secretary concerned shall--
                    (A) consult with any Designated Operational Partner 
                engaged in operation of a covered trail; and
                    (B) take into account any considerations required 
                under that paragraph.
    (f) Land and Resource Preservation Proposed Priority Lists.--
            (1) In general.--Each Designated Operational Partner shall 
        periodically develop and submit to the Secretary concerned and 
        the heads of any other appropriate Federal land management 
        agencies a proposed priority list for land and resource 
        protection for the applicable covered trail.
            (2) Applicable law.--A proposed priority list shall be 
        considered to advance the planning and development of the 
        applicable covered trail in accordance with section 2(c) of the 
        National Trails System Act (16 U.S.C. 1241(c)).
            (3) Contents.--A Designated Operational Partner shall 
        include on a proposed priority list--
                    (A) the location and current ownership of each 
                parcel of land identified for inclusion in the 
                applicable covered trail;
                    (B) the desired nature of ownership of each parcel 
                of land identified for inclusion in the covered trail, 
                including as a partial or fee ownership;
                    (C) the name of the owner of each identified parcel 
                of land;
                    (D) a description of the benefit to the covered 
                trail in the preservation of scenic, recreational, 
                historical, natural, or cultural values for which the 
                covered trail was designated; and
                    (E) the name of any nongovernmental partner 
                committed to advancing the protection of parcels of 
                land identified on the proposed priority list for 
                inclusion in the covered trail.
            (4) Input; criteria.--In developing a proposed priority 
        list, a Designated Operational Partner shall--
                    (A) solicit input from a variety of governmental, 
                nongovernmental, Federal, and State partners, the scope 
                of which shall be limited to a landscape or 
                physiographic region agreed to by the Designated 
                Operational Partner and the Secretary concerned; and
                    (B) establish criteria to prioritize land and 
                resource protection recommendations included on the 
                proposed priority list.
            (5) Use of federal funds.--
                    (A) In general.--In using Federal funds to protect 
                land for a covered trail--
                            (i) the Secretary concerned shall 
                        prioritize the use of funds for land identified 
                        for Federal protection in the applicable 
                        proposed priority list, except to the extent 
                        that the Secretary concerned determines, based 
                        on considerations set forth in the National 
                        Trails System Act (16 U.S.C. 1241 et seq.) and 
                        the comprehensive plan for the covered trail, 
                        and subject to subparagraph (B), that--
                                    (I) a parcel of land included on 
                                the proposed priority list should not 
                                be prioritized; or
                                    (II) a parcel of land not included 
                                on the proposed priority list should be 
                                prioritized instead of a parcel of land 
                                included on the proposed priority list; 
                                and
                            (ii) a State shall incorporate land 
                        identified for State protection in the 
                        applicable land and resource conservation plan 
                        of the State, as appropriate, in accordance 
                        with State law.
                    (B) Notice.--If the Secretary concerned determines 
                under subparagraph (A)(i) that a parcel of land 
                included on the proposed priority list should not be 
                prioritized or that a parcel of land not included on 
                the proposed priority list should be prioritized 
                instead of a parcel of land included on the proposed 
                priority list, the Secretary concerned shall submit to 
                the Designated Operational Partner notice of the 
                determination, including a detailed explanation of the 
                reason for the determination.
            (6) Reports.--Not less frequently than once every 5 years, 
        the Secretaries concerned shall submit to Congress a report 
        that describes any progress or lack of progress of the 
        Secretaries concerned with respect to advancing land and 
        resource conservation objectives under proposed priority lists.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to each of the Secretary and the Secretary 
        of Agriculture such sums as are necessary to carry out planning 
        activities relating to the development or updating of proposed 
        priority lists under this subsection.
    (g) Other Agreements.--The Secretary concerned may enter into 
agreements with 1 or more entities that are not Designated Operational 
Partners, in accordance with the applicable procedures of the 
Department of the Interior or the Department of Agriculture, as 
applicable, and consistent with the National Trails System Act (16 
U.S.C. 1241 et seq.)--
            (1) to provide services with respect to a covered trail 
        that are not provided by the Designated Operational Partner; or
            (2) to advance partnerships for a covered trail to 
        strengthen volunteer engagement and cooperative management, 
        consistent with the comprehensive plan for the applicable 
        covered trail.
    (h) Exemption From FACA.--Chapter 10 of title 5, United States 
Code, shall not apply to a Designated Operational Partner or any 
committee established before, on, or after the date of enactment of 
this Act for purposes of a cooperative management system.
    (i) Comprehensive Plans.--
            (1) In general.--Notwithstanding subsections (e) and (f) of 
        section 5 of the National Trails System Act (16 U.S.C. 1244), a 
        Designated Operational Partner may accept or reject--
                    (A) a proposed comprehensive plan for the 
                applicable covered trail; and
                    (B) any amendments or revisions to the 
                comprehensive plan for the applicable covered trail.
            (2) Regulations.--In accordance with section 7(i) of the 
        National Trails System Act (16 U.S.C. 1246(i)), the Secretary 
        and the Secretary of Agriculture shall jointly promulgate 
        regulations establishing procedures for resolving disputes with 
        respect to the rejection of a comprehensive plan under 
        paragraph (1).
            (3) Report.--If a comprehensive plan rejected by a 
        Designated Operational Partner under paragraph (1) is 
        subsequently submitted to Congress, the Secretary concerned 
        shall submit to the appropriate committees of Congress a report 
        that describes the basis for the submission of the rejected 
        comprehensive plan by the Secretary concerned.

SEC. 5. IMPROVING COVERED TRAIL PLANNING AND DEVELOPMENT.

    (a) Visitation Assessment.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary and the Secretary of 
        Agriculture shall identify 1 or more methods to assess 
        visitation on covered trails.
            (2) Consultation required.--For purposes of identifying 
        methods under paragraph (1), the Secretary and the Secretary of 
        Agriculture shall consult with a variety of land managers and 
        cooperative management partners for covered trails, including--
                    (A) in the Department of Agriculture, the Chief of 
                the Forest Service and the Under Secretary for Rural 
                Development;
                    (B) in the Department of the Interior, 
                representatives from the National Park Service, the 
                Bureau of Land Management, and the United States Fish 
                and Wildlife Service;
                    (C) representatives from State agencies 
                participating in cooperative management systems;
                    (D) representatives from gateway communities and 
                tourism boards that support covered trails, such as 
                through agency and nongovernmental partnerships;
                    (E) representatives from the Federal Highway 
                Administration;
                    (F) representatives from the Interagency Council on 
                the National Trails System;
                    (G) Designated Operational Partners; and
                    (H) other nongovernmental cooperative management 
                partners for covered trails.
            (3) Report.--
                    (A) In general.--Not later than 5 years after the 
                date on which methods are identified under paragraph 
                (1), and not less frequently than once every 5 years 
                thereafter, the Secretary and the Secretary of 
                Agriculture shall make available to cooperative 
                management partners of the applicable covered trail and 
                the public a report describing the estimated visitation 
                at each covered trail for the period covered by the 
                report.
                    (B) Carrying capacity.--
                            (i) In general.--The carrying capacity of a 
                        covered trail that is subject to subsection (e) 
                        or (f) of section 5 of the National Trails 
                        System Act (16 U.S.C. 1244) shall be considered 
                        to be the desired use conditions of the 
                        applicable covered trail, as determined in 
                        accordance with applicable guidelines 
                        established by the Interagency Council on 
                        Visitor Use Management.
                            (ii) Report.--The carrying capacity for a 
                        covered trail not described in clause (i) shall 
                        be determined using the visitation numbers for 
                        the applicable covered trail identified by the 
                        Secretary or the Secretary of Agriculture in 
                        the initial report under subparagraph (A).
            (4) Monitoring.--The Secretary and the Secretary of 
        Agriculture, in cooperation with the Designated Operational 
        Partner for a covered trail, if applicable, shall, on an 
        ongoing basis, monitor--
                    (A) the number of visitors to, and the character of 
                visitor use of, each covered trail, using the 1 or more 
                methods identified under paragraph (1); and
                    (B) the effectiveness of management actions in 
                achieving and maintaining desired conditions for the 
                covered trail.
    (b) Economic Impact Assessment.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, and not less frequently than once every 
        5 years thereafter, the Secretary and the Secretary of 
        Agriculture shall identify 1 or more methods to assess the 
        economic impact of covered trails on gateway communities.
            (2) Requirements.--In identifying methods under paragraph 
        (1), the Secretary and the Secretary of Agriculture shall, to 
        the maximum extent practicable--
                    (A) aggregate and extrapolate economic impact 
                information from existing data, such as data from land 
                units on which covered trails are located;
                    (B) use State and county economic impact 
                information;
                    (C) partner with State and local governments; and
                    (D) leverage the cooperative management systems of 
                the covered trails and local and landscape-wide 
                partnerships to obtain and process relevant information 
                and report any relevant findings.
    (c) Advancing Covered Trail Planning.--
            (1) Findings.--Congress finds that--
                    (A) the designation of a covered trail is the onset 
                of the long-term development and planning for the 
                covered trail, rather than the conclusion of those 
                activities; and
                    (B) the cultivation of partnerships, the 
                acquisition of land, including interests in land and 
                land use agreements, the conduct of accessible and 
                inclusive interpretation, and the development of 
                recreational facilities, as appropriate for covered 
                trails, are needed to advance the purposes of the 
                National Trails System Act (16 U.S.C. 1241 et seq.) to 
                meet the ever-expanding outdoor recreation needs of the 
                United States.
            (2) Reports.--The Secretary and the Secretary of 
        Agriculture, acting jointly, 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) not later than 3 years after the date of 
                enactment of this Act, a report that describes the 
                successes and challenges in developing and planning 
                covered trails; and
                    (B) not later than 5 years after the date of 
                enactment of this Act, a report that assesses the 
                desired conditions and use of facilities on each 
                covered trail with respect to--
                            (i) visitor usage of specific segments or 
                        sites of the covered trail, including the 
                        extent to which visitors use the covered trail 
                        in groups of not fewer than 10 individuals;
                            (ii) proposed priority segments or sites 
                        for additional facilities or protection of 
                        additional land or resources identified by 
                        relevant cooperative management partners, which 
                        shall be considered to be included on a 
                        proposed priority list for the covered trail if 
                        the covered trail has an identified Designated 
                        Operational Partner; and
                            (iii) any activities that the Secretary and 
                        the Secretary of Agriculture determine are 
                        necessary to advance the development of and 
                        planning for the covered trail consistent with 
                        the model used for the Appalachian National 
                        Scenic Trail.
            (3) Community engagement.--In preparing the reports under 
        paragraph (2), the Secretary and the Secretary of Agriculture 
        shall consult with--
                    (A) communities located in the vicinity of the 
                proposed segments and sites described in paragraph 
                (2)(B)(ii);
                    (B) federally recognized Indian Tribes;
                    (C) any Federal and State agencies that manage land 
                traversed by covered trails; and
                    (D) Designated Operational Partners and other 
                cooperative management partners of covered trails.
    (d) Exemption From FACA.--Chapter 10 of title 5, United States 
Code, shall not apply to any committee established before, on, or after 
the date of enactment of this Act to carry out activities under this 
section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary and the Secretary of Agriculture for each 
of fiscal years 2025 through 2030--
            (1) such sums as are necessary--
                    (A) to identify the methods under subsections (a) 
                and (b); and
                    (B) to prepare the reports required under 
                subsection (c); and
            (2) such sums as are necessary for the acquisition, 
        construction, and development of facilities (including the 
        acquisition of land or interests in land) for covered trails.
                                 <all>