[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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