[Congressional Record Volume 145, Number 139 (Thursday, October 14, 1999)]
[Senate]
[Pages S12641-S12642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Allard):
  S. 1729. A bill to amend the National Trails System Act to clarify 
Federal authority relating to land acquisition from willing sellers for 
the majority of the trails, and for other purposes; to the Committee on 
Energy and Natural Resources.


             The National Trails-Willing Seller legislation

  Mr. CAMPBELL. Mr. President, today I am introducing legislation to 
amend the National Trails System Act to clarify federal authority 
relating to land acquisition from willing sellers. This bill is the 
companion to Congressman Scott McInnis' legislation. Congressman 
McInnis has been an advocate for this legislation for many years.
  There are 20 trails in the national scenic and historic trail system. 
These trails are among some of the most beautiful areas in the United 
States and are deserving of preservation. This bill will enable the 
federal government to help conserve the special resources of all of 
these congressionally designated trails, enabling everyone to enjoy the 
benefit of these trails today and for future generations of Americans 
tomorrow.
  This legislation does not appropriate any money, it only provides the 
federal government the authority to acquire lands from willing sellers. 
Once willing sellers are identified, Congress then appropriates the 
money so that the land can be purchased. It also will help to address 
the increasing development pressures that threaten the long-range 
continuity of the National Trails System.
  Currently, the federal government only has authority to buy land 
along 11 of the 20 national scenic and historic trails. This bill gives 
authority to buy

[[Page S12642]]

land from willing sellers along the other nine trails to ensure that 
the entire trail can be preserved.
  There are many unique and special historic sites along the nine 
affected scenic and historic trails. These sites have been voluntarily 
protected for several generations by responsible individual families. 
These families should have the right to sell these irreplaceable places 
of our nation's heritage to the federal government to continue their 
protection when and if they choose to do so.
  This legislation is a vehicle to help preserve part of our natural 
heritage. I urge my colleagues to support passage of this bill. I ask 
unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1729

       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 ``Trails Willing Seller Act of 
     1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) despite commendable efforts by the State governments 
     (including political subdivisions) and private volunteer 
     trail groups to develop, operate, and maintain the national 
     scenic and national historic trails, the rate of progress 
     toward developing and completing the trails is slower than 
     anticipated;
       (2) Congress authorized several national scenic and 
     historic trails between 1978 and 1986, with restrictions 
     excluding Federal authority for land acquisition;
       (3) to develop and complete the authorized trails as 
     intended by Congress, acquisition authority to secure 
     necessary rights-of-way and historic sites and segments 
     specifically excluding condemnation authority should be 
     extended to the head of each Federal agency administering a 
     trail;
       (4) to address the problems involving multijurisdictional 
     authority over the national trails system, the head of each 
     Federal agency with jurisdiction over an individual trail--
       (A) should cooperate with appropriate officials of States 
     (including political subdivisions) and private persons with 
     an interest in the trails to complete the development of the 
     trails; and
       (B) should be granted sufficient authority to purchase land 
     from willing sellers that is critical to the completion of 
     the trails; and
       (5) land or interests in land for the authorized components 
     of the National Trails System affected by this Act should 
     only be acquired by the Federal Government only from willing 
     sellers.

     SEC. 3. ACQUISITION OF TRAILS FROM WILLING SELLERS.

       (a) Acquisition Authority.--Section 5(a) of the National 
     Trails System Act (16 U.S.C. 1244(a)) is amended--
       (1) in the fourth sentence of paragraph (11)--
       (A) by striking ``No lands or interest therein outside the 
     exterior'' and inserting ``No land or interest in land 
     outside of the exterior''; and
       (B) by inserting before the period the following: ``without 
     the consent of the owner of the land or interest''; and
       (2) in the fourth sentence of paragraph (14)--
       (A) by striking ``No lands or interests therein outside the 
     exterior'' and inserting ``No land or interest in land 
     outside of the exterior''; and
       (B) by inserting before the period the following: ``without 
     the consent of the owner of the land or interest''.
       (b) Expenditure of Funds.--Section 10(c) of the National 
     Trails System Act (16 U.S.C. 1249(c)) is amended by striking 
     subsection (c) and all that follows through the end of 
     paragraph (1) and inserting the following:
       ``(c) Expenditure of Funds.--
       ``(1) Trails.--
       ``(A) In general.--Notwithstanding any other provision of 
     law (including any other provision of this Act), except as 
     provided in subparagraph (B), no funds may be expended by the 
     Federal Government for the acquisition of any land or 
     interest in land outside of the exterior boundaries of 
     Federal land that, on the date of enactment of this 
     subparagraph, comprises--
       ``(i) the Continental Divide National Scenic Trail;
       ``(ii) the North Country National Scenic Trail;
       ``(iii) the Ice Age National Scenic Trail;
       ``(iv) the Oregon National Historic Trail;
       ``(v) the Mormon Pioneer National Historic Trail;
       ``(vi) the Lewis and Clark National Historic Trail; and
       ``(vii) the Iditarod National Historic Trail.
       ``(B) Consent of landowner.--The Federal Government may 
     acquire land or an interest in land outside the exterior 
     boundary of Federal land described in subparagraph (A) with 
     the consent of the owner of the land or interest.
       ``(2) Failure to make payment.--If the Federal Government 
     fails to make payment in accordance with a contract for sale 
     of land or an interest in land under this subsection, the 
     seller may use all remedies available under all applicable 
     law, including electing to void the sale.''.
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