[Congressional Record Volume 147, Number 86 (Wednesday, June 20, 2001)]
[Senate]
[Pages S6522-S6523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself, Mr. Kohl, Mr. Feingold, Mr. Schumer, 
        Mr. Johnson, and Ms. Stabenow):
  S. 1069. A bill to amend the Natural Trails System Act to clarify 
Federal authority relating to land acquisition from willing sellers 
from the majority of the trails in the System, and for other purposes; 
to the Committee on Energy and Natural Resources.
  Mr. LEVIN. Mr. President, today I am introducing the Willing Seller 
Amendments of 2001 which would amend the National Trails System Act, 
NTSA, to provide Federal authority to acquire land from willing sellers 
to complete nine national scenic and historic trails authorized under 
the Act. The legislation gives the Federal agencies administering the 
trails the ability to acquire land from willing sellers only. The 
legislation would not commit the Federal Government to purchase any 
land or to spend any money but would allow managers to purchase land to 
protect the national trails as opportunities arise and as funds are 
appropriated.
  For most of the national scenic and historic trails, barely one-half 
of their congressionally authorized length and resources are protected. 
Without willing seller authority, Federal trail managers' hands are 
tied when development threatens important links in the wild landscapes 
of the national scenic trails or in the sites that authenticate the 
stories of the historic trails. With willing seller authority, sections 
of trail can be moved from roads where hikers and other trail users are 
unsafe, and critical historic sites can be preserved for future 
generations to experience. Moreover, this authority protects private 
property rights, as landowners along the nine affected trails are 
currently denied the right to sell land to the Federal Government if 
they desire to do so.
  Willing seller authority is crucial for the North Country National 
Scenic Trail, which runs through my home State of Michigan, because 
completion of the Trail faces significant challenges. These challenges 
which relate to development pressure and the need to cross long 
stretches of private and corporate held lands are common themes 
throughout the seven states linked by the 4,600-mile long North Country 
Trail.
  This legislation is also vital on a national level and accomplishes 
several important goals. First, it restores basic property rights--
Section 10 (c) of the National Trails System Act as currently written 
diminishes the right of thousands of people who own land along four 
national scenic trails and five national historic trails to sell their 
property or easements on their property, by prohibiting federal 
agencies from buying their land. Many of these landowners have offered 
to sell their land to the Federal Government to permanently protect 
important historical resources that their families have protected for 
generations or to maintain the continuity of a national scenic trail. 
Providing this authority to Federal agencies to purchase land from 
willing sellers along these nine trails will restore this basic 
property right to thousands of landowners.
  Second, it restores the ability of Federal agencies to carry out 
their responsibility to protect nationally significant components of 
our nation's cultural, natural and recreational heritage. The National 
Trails System Act authorizes establishment of national scenic and 
historic trails to protect important components of our historic and 
natural heritage. One of the fundamental responsibilities given to the 
Federal agencies administering these trails is to protect their 
important cultural and natural resources. Without willing-seller 
authority, the agencies are prevented from directly protecting these 
resources along nine trails--nearly one-half of the National Trails 
System.
  Third, it restores consistency to the National Trails System Act, 
NTSA. Congress enacted the National Trails System Act in 1968 ``. . .to 
provide for the ever-increasing outdoor recreation needs of an 
expanding population and . . . to promote the preservation of, public 
access to, travel within, and enjoyment and appreciation of the open-
air, outdoor areas and historic resources of the Nation . . . by 
instituting a national system of recreation, scenic and historic trails 
. . .'' The agencies are authorized to collaborate

[[Page S6523]]

with other Federal agencies, State and local governments and private 
organizations in planning, developing and managing the trails; to 
develop uniform standards for marking, interpreting and constructing 
the trails; to regulate their use; and to provide grants and technical 
assistance to cooperating agencies and organizations. The NTSA is 
supposed to provide these and other authorities to be applied 
consistently throughout the National Trails System. However, land 
acquisition authority, an essential means for protecting the special 
resources and continuity that are the basis for these trails, has been 
inconsistently applied. The Federal agencies have been given land 
acquisition authority for thirteen of the twenty-two national scenic 
and historic trails but have been denied authority to acquire land for 
the other nine trails. This bill restores consistency to the National 
Trails System Act by enabling the Federal agencies to acquire necessary 
land for all twenty-two national scenic and historic trails.
  Finally, this legislation enables Federal agencies to respond to 
opportunities to protect important resources provided by willing 
sellers. The willing seller land acquisition authority provided for 
these nine trails and subsequent appropriations from the Land and Water 
Conservation Fund will enable the Federal agencies administering them 
to respond to conservation opportunities afforded by willing 
landowners.
  I am pleased today to introduce this important legislation to restore 
parity to the National Trails System and provide authority to protect 
critical resources along the nation's treasured national scenic and 
historic trails.
                                 ______