[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[House]
[Pages H8140-H8141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  WILLING SELLER AMENDMENTS OF 2000 TO THE NATIONAL TRAILS SYSTEM ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2267) 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, as amended.
  The Clerk read as follows:

                               H.R. 2267

       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 ``Willing Seller Amendments of 
     2000 to the National Trails System Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) In spite of commendable efforts by the governments of 
     States and political subdivisions of States and private 
     volunteer trail groups to develop, operate, and maintain the 
     national scenic and national historic trails (referred to in 
     this Act as the ``trails''), the rate of progress towards 
     developing and completing the trails is slower than 
     anticipated.
       (2) Nine national scenic and historic trails were 
     authorized by Congress between 1978 and 1986 with 
     restrictions totally excluding Federal authority for land 
     acquisition. To complete these trails as intended by 
     Congress, acquisition authority to secure necessary rights-
     of-way and historic sites and segments, limited to 
     acquisition from willing sellers only, and specifically 
     excluding condemnation, should be extended to the Secretary 
     administering those trails.

     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that in order to address the 
     problems involving multijurisdictional authority over the 
     national trails system, the head of each Federal agency with 
     jurisdiction over an individual trail should--
       (1) cooperate with appropriate officials of States and 
     political subdivisions of States and private persons with an 
     interest in the trails to pursue the development of the 
     trails; and
       (2) be granted sufficient authority to purchase lands from 
     willing sellers that are critical to the completion of the 
     trails.

     SEC. 4. INTENT.

       It is the intent of Congress that lands or interests in 
     lands for the 9 components of the National Trails System 
     affected by this Act shall only be acquired by the Federal 
     Government from willing sellers.

     SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS SYSTEM ACT.

       The National Trails System Act (16 U.S.C. 1241 et seq.) is 
     amended--
       (1) in section 5(a)--
       (A) in the fourth sentence of paragraph (11)--
       (i) by striking ``No lands or interest therein outside the 
     exterior'' and inserting ``No lands or interest in lands 
     outside of the exterior''; and
       (ii) by inserting before the period the following: 
     ``without the consent of the owner of the land or interest''; 
     and
       (B) in the fourth sentence of paragraph (14)--
       (i) by striking ``No lands or interests therein outside the 
     exterior'' and inserting ``No land or interest in land 
     outside of the exterior''; and
       (ii) by inserting before the period the following: 
     ``without the consent of the owner of the land or interest''; 
     and
       (2) in section 10(c), by striking paragraph (1) and 
     inserting the following new paragraph:
       ``(c)(1) Notwithstanding any other provision of law 
     (including any other provision of this Act), 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 existing Federal lands for the Continental Divide National 
     Scenic Trail, the North Country National Scenic Trail, the 
     Ice Age National Scenic Trail, the Potomac Heritage National 
     Scenic Trail, the Oregon National Historic Trail, the Mormon 
     Pioneer National Historic Trail, the Nez Perce National 
     Historic Trail, the Lewis and Clark National Historic Trail, 
     or the Iditarod National Historic Trail, except with the 
     consent of the owner of the land or interest. If the Federal 
     Government fails to make payment in accordance with a 
     contract for sale of land or an interest in land transferred 
     under this paragraph, the seller may avail himself of all 
     remedies available under all applicable law, including 
     electing to void the sale.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from Puerto Rico (Mr. Romero-
Barcelo) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2267, introduced by the gentleman from Colorado 
(Mr. McInnis), amends the National Trails Systems Act to clarify 
Federal authority relating to land acquisition from willing sellers. 
The gentleman from Colorado is to be commended for correcting a long-
standing problem with the National Trails System Act.
  Mr. Speaker, under the existing statute, nine national scenic and 
historic trails have restrictions preventing the Federal Government 
from acquiring land from the trails outside of the exterior boundaries 
of any federally administered area. This bill would allow lands to be 
purchased by the Federal Government. However, H.R. 2267 specifically 
provides that such purchase can only be made with the consent of the 
owner of the land or interest.
  Mr. Speaker, I urge my colleagues to support H.R. 2267, as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROMERO-BARCELO. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. ROMERO-BARCELO asked and was given permission to revise and 
extend his remarks.)

[[Page H8141]]

  Mr. ROMERO-BARCELO. Mr. Speaker, as currently written, the National 
Trails Systems Act authorizes the Federal Government to acquire 
property for use as part of a national trail in some cases and not in 
others. Still in other instances, Federal authority regarding land 
purchases under the act is simply unclear. The development of a system 
of trails that is truly national in scope has been slower than 
supporters of the program had hoped, and we fear that this 
inconsistency regarding Federal land acquisition may be a contributing 
factor.
  H.R. 2267 has strong bipartisan support, and it will amend the act to 
specify that as long as there is a willing seller, the Federal 
Government may acquire land under the Trails Act. We support such a 
change in the hope that clarity on this issue will allow the 
development of a national trails system to progress more quickly. We 
urge our colleagues to support H.R. 2267.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Colorado (Mr. McInnis), the author of this legislation.
  Mr. McINNIS. Mr. Speaker, first of all, I would like to extend 
special recognition to two individuals in Colorado, Bruce and Paula 
Ward, who have given deep devotion to the Continental Divide Trail; and 
without their efforts, we would not be able to see progress like we 
have seen.
  With that said, I want to thank the chairman, the gentleman from Utah 
(Mr. Hansen). I also want to thank Tod and Allen for their efforts in 
regard to this. And last, but not least, I also want to thank the 
gentleman from Puerto Rico (Mr. Romero-Barcelo).
  Mr. Speaker, I think that the chairman of the committee, the 
gentleman from Utah, has adequately explained the bill in its fullness 
and within all four corners.
  Mr. ROMERO-BARCELO. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 2267, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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