Congressional Record, Volume 147 Issue 33 (Tuesday, March 13, 2001)

[Congressional Record Volume 147, Number 33 (Tuesday, March 13, 2001)]
[House]
[Pages H845-H847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL TRAILS SYSTEM WILLING SELLER ACT

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 834) to amend the National Trails System Act to clarify
Federal authority relating to land acquisition from willing sellers for
the majority of the trails in the System, and for other purposes.
The Clerk read as follows:

H.R. 834

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 ``National Trails System
Willing Seller Act''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) In spite of commendable efforts by State and local
governments and private volunteer trail groups to develop,
operate, and maintain the national scenic and national
historic trails designated by Act of Congress in section 5(a)
of the National Trails System Act (16 U.S.C. 1244(a)), the
rate of progress towards developing and completing the trails
is slower than anticipated.
(2) Nine of the twelve national scenic and historic trails
designated between 1978 and 1986 are subject to restrictions
totally excluding Federal authority for land acquisition
outside the exterior boundaries of any federally administered
area.
(3) To complete these nine 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 the use of
condemnation, should be extended to the Secretary of the
Federal department administering these trails.

SEC. 3. SENSE OF THE CONGRESS REGARDING MULTIJURISDICTIONAL
AUTHORITY OVER THE NATIONAL TRAILS SYSTEM.

It is the sense of the Congress that in order to address
the problems involving multijurisdictional authority over the
National Trails System, the Secretary of the Federal
department with jurisdiction over a national scenic or
historic trail should--
(1) cooperate with appropriate officials of each State and
political subdivisions of each State in which the trail is
located and private persons with an interest in the trail to
pursue the development of the trail; and
(2) be granted sufficient authority to purchase lands and
interests in lands from willing sellers that are critical to
the completion of the trail.

SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR
CERTAIN TRAILS OF THE NATIONAL TRAILS SYSTEM
ACT.

(a) Intent.--It is the intent of Congress that lands and
interests in lands for the nine components of the National
Trails System affected by the amendments made by subsection
(b) shall only be acquired by the Federal Government from
willing sellers.
(b) Limited Acquisition Authority.--
(1) Oregon national historic trail.--Paragraph (3) of
section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(2) Mormon pioneer national historic trail.--Paragraph (4)
of such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(3) Continental divide national scenic trail.--Paragraph
(5) of such section is amended by adding at the end the
following new sentence: ``No lands or interests therein
outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the trail
except with the consent of the owner thereof.''.
(4) Lewis and clark national historic trail.--Paragraph (6)
of such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(5) Iditarod national historic trail.--Paragraph (7) of
such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(6) North country national scenic trail.--Paragraph (8) of
such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(7) Ice age national scenic trail.--Paragraph (10) of such
section is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(8) Potomac heritage national scenic trail.--Paragraph (11)
of such section is

[[Page H846]]

amended in the fourth sentence by inserting before the period
the following: ``except with the consent of the owner
thereof.''.
(9) Nez perce national historic trail.--Paragraph (14) of
such section is amended in the fourth sentence by inserting
before the period the following: ``except with the consent of
the owner thereof.''.
(c) Protection for Willing Sellers.--Section 7 of the
National Trails System Act (16 U.S.C. 1246) is amended by
adding at the end the following new subsection:
``(l) Protection for Willing Sellers.--If the Federal
Government fails to make payment in accordance with a
contract for the sale of land or an interest in land for one
of the national scenic or historic trails designated by
section 5(a), the seller may utilize any of the remedies
available to the seller under all applicable law, including
electing to void the sale.''.
(d) Conforming Amendment.--Section 10(c) of the National
Trails System Act (16 U.S.C. 1249(c)) is amended--
(1) by striking paragraph (1); and
(2) by striking ``(2) Except'' and inserting ``Except''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from Guam (Mr. Underwood) 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.
H.R. 834, introduced by the gentleman from Colorado (Mr. McInnis),
amends the National Trails System Act to clarify Federal authority
relating to land acquisition from willing sellers. The gentleman from
Colorado is to be commended for correcting a longstanding problem with
the National Trails System Act.
Mr. Speaker, under existing law, nine of the 20 National Scenic and
Historic Trails have restrictions preventing the Federal Government
from acquiring land for the trails outside of the exterior boundaries
of any federally administered area. This has created problems even when
there are willing sellers of desired property. This bill corrects the
situation by allowing lands to be purchased by the Federal Government.
However, H.R. 834 specifically provides that such purchase can only be
made with the consent of the owner of the land or interest.
This bill greatly improves our trails system. I urge my colleagues to
support H.R. 834.
Mr. Speaker, I reserve the balance of my time.
Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. UNDERWOOD asked and was given permission to revise and extend
his remarks.)
Mr. UNDERWOOD. Mr. Speaker, as currently written, the National Trails
System Act authorizes the Federal Government to acquire property for
use as part of a national trail in some cases and not in others. In
still 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. 834 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. 834.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Nebraska (Mr. Bereuter).
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Mr. Speaker, I thank the gentleman for yielding me this
time.
I do rise in strong support of H.R. 834, the Willing Seller
amendments act.
I would like to begin by commending the distinguished gentleman from
Colorado (Mr. McInnis) for his introduction of this legislation; and I
also commend the distinguished gentleman from Colorado (Mr. Hefley) the
subcommittee chairman, and the distinguished gentleman from Utah (Mr.
Hansen) the chairman, for their assistance in bringing this legislation
to the floor.
Mr. Speaker, as cochairman of the House Trails Caucus this Member is
keenly aware of the many benefits which the trails provide. Sections of
the National Trails System cross nearly every congressional district
throughout the country.
The willing seller legislation being considered today will help to
correct a shortcoming in the National Trails System that has developed
over a period of time. Currently, the managers of nine National Scenic
and Historic Trails are prohibited from using Federal funds to acquire
land from willing sellers. The other 13 National Scenic and Historic
Trails do not have such restrictions placed upon them. This bill would
correct the inequity by placing all of the Scenic and National Historic
Trails in the system on an equal footing when it comes to the
acquisition of land from willing sellers.
Quite simply, H.R. 834 will provide more alternatives for protecting
irreplaceable national resources. The current prohibition often
prevents the protection of historic sites and trails corridors. It also
limits the options of landowners who may want to sell to the Federal
Government; and, of course, that is the restriction. It is a willing
seller arrangement.
Mr. Speaker, as an original cosponsor of this bill, I urge my
colleagues to support it in order to help ensure that future
generations can enjoy all the benefits of our National Trails System.
Mr. MCINNIS. Mr. Speaker, I'd like to start by thanking the Resources
Committee for the prompt attention to this important legislation that
aims to correct a serious disparity in the National Trails System.
Currently, the federal government is authorized to buy land from
willing sellers along 11 of the 20 National Scenic and Historic Trails,
but is excluded from doing so on the remaining 9, including the
Continental Divide Trail. H.R. 834 intends to remove the current
statutory prohibition on the federal government's ability to acquire
lands or interest in lands from willing-sellers for these nine trails.
Under this legislation, owners of private tracts that interrupt the
continuity of these trails could sell their property to the government
for inclusion in the National Trail System, clearing the way for the
completion of a system of trails as Congress intended through the
National Trails System Act. H.R. 834 is a private property rights bill
that restores the right of the landowner to sell his or her land. The
willing-seller language in my legislation reiterates the basics of
contract law--in order to have a valid contract, there must be an
exchange. In the case of H.R. 834, no contract is valid unless the
landowner receives compensation for his or her land. I worked
extensively in the last Congress with the gentleman from California,
Representative Pombo, a long-time champion of private property rights,
to ensure that the property rights aspects of the legislation were both
comprehensive and concise. This much anticipated legislation is
essential in protecting valuable resources and rights-of-way critical
to the integrity and continuity of these trails. In enacting the
National Trails System Act, congress provided for a national system of
trails rather than just a national designation for trails. H.R. 834
enables the federal agencies administering these trails to respond to
conservation, recreation and historic education opportunities afforded
by willing landowners in an effort to create and manage a consistent
national system of trails. I would like to extend special recognition
to several individuals in Colorado, Bruce and Paula Ward, who have
given deep devotion to the Continental Divide Trail. In addition, I'd
like to recognize Gary Werner of the Partnership for the National
Trails System. Without their efforts our progress on this legislation
would not have been the success it is today. Mr. Speaker, in closing,
I'd like to again thank Chairman Hansen and Chairman Hefley and the
staff of the Parks and Public Lands Subcommittee, and urge passage of
H.R. 834.
Mr. UDALL of Colorado. Mr. Speaker, as a cosponsor of this bill, I
rise in its support. I also want to commend my colleague from Colorado,
Mr. McInnis, for his initiative and persistence in connection with this
legislation.
The bill makes a modest but very important improvement in the laws
that govern the National Trails system. It would relax the current
restrictions that now limit the ability of the federal government to
acquire lands needed for proper management of some trails.
Under the bill, the federal government would be authorized to acquire
appropriate lands from willing sellers. The bill would not authorize
use of condemnation to acquire any lands.
Among the trails covered by the bill is the Continental Divide
National Scenic Trail, which runs from Canada to Mexico along the spine
of the continent--the Continental Divide that separates the drainages
of the Pacific Ocean and Gulf of California from that of the Atlantic
Ocean and the Gulf of Mexico.

[[Page H847]]

That trail runs through the heart of Colorado, from our border with
Wyoming to the New Mexico state line. Over the years, the Forest
Service, assisted by thousands of volunteers organized by the
Continental Trail Alliance, has worked to complete it and to make it
available to all who would travel along it through some of America's
most remarkable wild country.
This bill will greatly assist in that effort by allowing private
landowners who wish to do so to provide easements or other interests in
lands for the purposes of this and the other trails covered by the
bill. I urge its adoption.
Mr. BLUMENAUER. Mr. Speaker, our National Trails System promotes
wilderness appreciation, historic preservation and a healthy lifestyle,
which are all key components of livable communities. H.R. 834, the
National Trails System Willing Seller Act, is an important bill that
restores parity to the National Trails System and provides authority to
protect critical resources along the nation's treasured scenic and
historic trails. Passage of this bill will ensure that the federal
government can be a better partner with trails advocates and private
property owners across the nation.
Acquiring land from willing sellers to complete nine national scenic
and historic trails, including the Oregon and Lewis and Clark trails,
is of vital interest to my constituents in Oregon. As the nation begins
its focus on the bicentennial of Lewis & Clark's Corps of Discovery
trip to the Pacific Ocean, purchasing and preserving historic sites
along their journey will serve generations to come.
Without willing seller authority, federal trail managers' hands are
tied when development threatens important links in the wild landscapes
of the trails or in the sites that tell the stories of the historic
trails. With willing seller authority, sections of trails can be moved
from roads where trail users are potentially unsafe, and critical
historic sites can be preserved for future generations to experience.
Ensuring safety and access for the many families and individuals who
enjoy our national trails is certainly an important effort and one that
this Congress should support.
I urge my colleagues to support H.R. 834.
Mr. HANSEN. Mr. Speaker, 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. 834.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. HANSEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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