[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S8996-S8998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIONAL DISCOVERY TRAILS ACT OF 2001

  The Senate proceeded to consider the bill (S. 498) entitled 
``National Discovery Trails Act of 2001,'' which had been reported from 
the Committee on Energy and Natural Resources with amendments, as 
follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic)

                                 S. 498

       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 Discovery Trails 
     Act of 2001''.

     SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

       (a)(1) Section 3(a) of the National Trails System Act (16 
     U.S.C. 1242(a)) is amended by inserting after paragraph (4) 
     the following:
       ``(5) National discovery trails, established as provided in 
     section 5, which will be extended, continuous, interstate 
     trails so located as to provide for outstanding outdoor 
     recreation and travel and to connect representative examples 
     of America's trails and communities. National discovery 
     trails should provide for the conservation and enjoyment of 
     significant natural, cultural, and historic resources 
     associated with each trail and should be so located as to 
     represent metropolitan, urban, rural, and back country 
     regions of the Nation. Any such trail may be designated on 
     federal lands and, with the consent of the owner thereof, on 
     any non federal lands.''.
       (2) Feasibility Requirements; Cooperative Management 
     Requirement.--Section 5(b) of such Act (16 U.S.C. 1244) is 
     amended by adding at the end the following new paragraph:
       ``(12) For purposes of subsection (b), a trail shall not be 
     considered feasible and desirable for designation as a 
     national discovery trail unless it meets all of the following 
     criteria:
       ``(A) The trail must link one or more areas within the 
     boundaries of a metropolitan area (as those boundaries are 
     determined under section 134(c) of title 23, United States 
     Code). It should also join with other trails, connecting the 
     National Trails System to significant recreation and 
     resources areas.
       ``(B) The trail must be supported by at least one competent 
     trailwide volunteer-based organization. Each trail should 
     have extensive local and trailwide support by the public, by 
     user groups, and by affected State and local governments.
       ``(C) The trail must be extended and pass through more than 
     one State. At a minimum, it should be a continuous, walkable 
     route.
       ``(13) The appropriate Secretary for each national 
     discovery trail shall administer the trail in cooperation 
     with at least one competent trailwide volunteer-based 
     organization. Where the designation of discovery trail is 
     aligned with other units of the National Trails System, or 
     State or local trails, the designation of a discovery trail 
     shall not affect the protections or authorities provided for 
     the other trail or trails, nor shall the designation of a 
     discovery trail diminish the values and significance for 
     which those trails were established.''.
       (b) Designation of the American Discovery Trail as a 
     National Discovery Trail.--Section 5(a) of such Act (16 
     U.S.C. 1244(a)) is amended--
       [(1) by re-designating the paragraph relating to the 
     California National Historic Trail as paragraph (18);
       [(2) by re-designating the paragraph relating to the Pony 
     Express National Historic Trail as paragraph (19);
       [by re-designating the paragraph relating to the Selma to 
     Montgomery National Historic Trail as paragraph (20); and
       [(4) by adding at the end the following:]
       (1) by redesignating the second paragraph (21) (relating to 
     the Ala Kahakai National Historic Trail) as paragraph (22); 
     and
       (2) by adding at the end the following:
       ``[(21)] (23) The American Discovery Trail, a trail of 
     approximately 6,000 miles extending from Cape Henlopen State 
     Park in Delaware to Point Reyes National Seashore in 
     California, extending westward through Delaware, Maryland, 
     the District of Columbia, West Virginia, Ohio, and Kentucky, 
     where near Cincinnati it splits into two routes. The Northern 
     Midwest route traverses Ohio, Indiana, Illinois, Iowa, 
     Nebraska, and Colorado, and the Southern Midwest route 
     traverses Indiana, Illinois, Missouri, Kansas, and Colorado. 
     After the two routes rejoin in Denver, Colorado, the route 
     continues through Colorado, Utah, Nevada, and California. The 
     trail is generally described in Volume 2 of the National Park 
     Service feasibility study dated June 1995 which shall be on 
     file and available for public inspection in the office of the 
     Director of the National Park Service, Department of the 
     Interior, the District of Columbia. The American Discovery 
     Trail shall be administered by the Secretary of the Interior 
     in cooperation with at least one competent trailwide 
     volunteer-based organization and other affected federal land 
     managing agencies, and state and local governments, as 
     appropriate. No lands or interests outside the exterior 
     boundaries of federally administered areas may be acquired by 
     the Federal Government solely for the American Discovery 
     Trail. The provisions of sections 7(e), 7(f), and 7(g) shall 
     not apply to the American Discovery Trail.''.
       (c) Comprehensive National Discovery Trail Plan.--Section 5 
     of such Act (16 U.S.C. 1244) is further amended by adding at 
     the end the following new subsection:
       ``(g) Within three complete fiscal years after the date of 
     enactment of any law designating a national discovery trail, 
     the appropriate Secretary shall submit a comprehensive plan 
     for the protection, management, development, and use of the 
     trail, to the Committee on Resources of the United States 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the United States Senate. The 
     responsible Secretary shall ensure that the comprehensive 
     plan for the entire trail does not conflict

[[Page S8997]]

     with existing agency direction and shall consult with the 
     affected land managing agencies, the Governors of the 
     affected States, affected county and local political 
     jurisdictions, and local organizations maintaining components 
     of the trail. Components of the comprehensive plan include--
       ``(1) policies and practices to be observed in the 
     administration and management of the trail, including the 
     identification of all significant natural, historical, and 
     cultural resources to be preserved, model agreements 
     necessary for joint trail administration among and between 
     interested parties, and an identified carrying capacity for 
     critical segments of the trail and a plan for their 
     implementation where appropriate;
       ``(2) general and site-specific trail-related development 
     including costs; and
       ``(3) the process to be followed by the volunteer-based 
     organization, in cooperation with the appropriate Secretary, 
     to implement the trail marking authorities in section 7(c) 
     conforming to approved trail logo or emblem requirements. 
     Nothing in this Act may be construed to impose or permit the 
     imposition of any landowner on the use of any non-federal 
     lands without the consent of the owner thereof. Neither the 
     designation of a National Discovery Trail nor any plan 
     relating thereto shall affect or be considered in the 
     granting or denial of a right of way or any conditions 
     relating thereto.''.

     SEC. 3. CONFORMING AMENDMENTS.

       The National Trails System Act is amended--
       (1) in section 2(b) (16 U.S.C. 1241(b)), by striking 
     ``scenic and historic'' and inserting ``scenic, historic, and 
     discovery'';
       (2) in the section heading to section 5 (16 U.S.C. 1244), 
     by striking ``AND NATIONAL HISTORIC'' and inserting ``, 
     NATIONAL HISTORIC, AND NATIONAL DISCOVERY'';
       (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter 
     preceding paragraph (1)--
       (A) by striking ``and national historic'' and inserting ``, 
     national historic, and national discovery''; and
       (B) by striking ``and National Historic'' and inserting ``, 
     National Historic, and National Discovery'';
       (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter 
     preceding paragraph (1), by striking ``or national historic'' 
     and inserting ``, national historic, or national discovery'';
       (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking 
     ``or national historic'' and inserting ``, national historic, 
     or national discovery'';
       (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking 
     ``and national historic'' and inserting ``, national 
     historic, and national discovery'';
       (7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or 
     national historic'' each place such term appears and 
     inserting ``, national historic, or national discovery'';
       (8) in section 7(c) (16 U.S.C. 1246(c))--
       (A) by striking ``scenic or national historic'' each place 
     it appears and inserting ``scenic, national historic, or 
     national discovery'';
       (B) in the second proviso, by striking ``scenic, or 
     national historic'' and inserting ``scenic, national 
     historic, or national discovery''; and
       (C) by striking ``, and national historic'' and inserting 
     ``, national historic, and national discovery'';
       (9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or 
     national historic'' and inserting ``national historic, or 
     national discovery'';
       (10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or 
     national historic'' each place such term appears and 
     inserting ``, national historic, or national discovery'';
       (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking 
     ``National Scenic or Historic'' and inserting ``national 
     scenic, historic, or discovery trail'';
       (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking 
     ``or national historic'' and inserting ``national historic, 
     or national discovery''; and
       (13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or 
     national historic'' and inserting ``national historic, or 
     national discovery''.
       Amend the title so as to read: ``A bill to amend the 
     National Trails System Act to include national discovery 
     trails, and to designate the American Discovery Trail, and 
     for other purposes.''.
  The committee amendments were agreed to.
  The title amendment was agreed to.
  The bill (S. 498), as amended, was read the third time and passed, as 
follows:

                                 S. 498

       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 Discovery Trails 
     Act of 2001''.

     SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

       (a)(1) Section 3(a) of the National Trails System Act (16 
     U.S.C. 1242(a)) is amended by inserting after paragraph (4) 
     the following:
       ``(5) National discovery trails, established as provided in 
     section 5, which will be extended, continuous, interstate 
     trails so located as to provide for outstanding outdoor 
     recreation and travel and to connect representative examples 
     of America's trails and communities. National discovery 
     trails should provide for the conservation and enjoyment of 
     significant natural, cultural, and historic resources 
     associated with each trail and should be so located as to 
     represent metropolitan, urban, rural, and back country 
     regions of the Nation. Any such trail may be designated on 
     federal lands and, with the consent of the owner thereof, on 
     any non federal lands.''.
       (2) Feasibility Requirements; Cooperative Management 
     Requirement.--Section 5(b) of such Act (16 U.S.C. 1244) is 
     amended by adding at the end the following new paragraph:
       ``(12) For purposes of subsection (b), a trail shall not be 
     considered feasible and desirable for designation as a 
     national discovery trail unless it meets all of the following 
     criteria:
       ``(A) The trail must link one or more areas within the 
     boundaries of a metropolitan area (as those boundaries are 
     determined under section 134(c) of title 23, United States 
     Code). It should also join with other trails, connecting the 
     National Trails System to significant recreation and 
     resources areas.
       ``(B) The trail must be supported by at least one competent 
     trailwide volunteer-based organization. Each trail should 
     have extensive local and trailwide support by the public, by 
     user groups, and by affected State and local governments.
       ``(C) The trail must be extended and pass through more than 
     one State. At a minimum, it should be a continuous, walkable 
     route.
       ``(13) The appropriate Secretary for each national 
     discovery trail shall administer the trail in cooperation 
     with at least one competent trailwide volunteer-based 
     organization. Where the designation of discovery trail is 
     aligned with other units of the National Trails System, or 
     State or local trails, the designation of a discovery trail 
     shall not affect the protections or authorities provided for 
     the other trail or trails, nor shall the designation of a 
     discovery trail diminish the values and significance for 
     which those trails were established.''.
       (b) Designation of the American Discovery Trail as a 
     National Discovery Trail.--Section 5(a) of such Act (16 
     U.S.C. 1244(a)) is amended--
       (1) by redesignating the second paragraph (21) (relating to 
     the Ala Kahakai National Historic Trail) as paragraph (22); 
     and
       (2) by adding at the end the following:
       ``(23) The American Discovery Trail, a trail of 
     approximately 6,000 miles extending from Cape Henlopen State 
     Park in Delaware to Point Reyes National Seashore in 
     California, extending westward through Delaware, Maryland, 
     the District of Columbia, West Virginia, Ohio, and Kentucky, 
     where near Cincinnati it splits into two routes. The Northern 
     Midwest route traverses Ohio, Indiana, Illinois, Iowa, 
     Nebraska, and Colorado, and the Southern Midwest route 
     traverses Indiana, Illinois, Missouri, Kansas, and Colorado. 
     After the two routes rejoin in Denver, Colorado, the route 
     continues through Colorado, Utah, Nevada, and California. The 
     trail is generally described in Volume 2 of the National Park 
     Service feasibility study dated June 1995 which shall be on 
     file and available for public inspection in the office of the 
     Director of the National Park Service, Department of the 
     Interior, the District of Columbia. The American Discovery 
     Trail shall be administered by the Secretary of the Interior 
     in cooperation with at least one competent trailwide 
     volunteer-based organization and other affected federal land 
     managing agencies, and state and local governments, as 
     appropriate. No lands or interests outside the exterior 
     boundaries of federally administered areas may be acquired by 
     the Federal Government solely for the American Discovery 
     Trail. The provisions of sections 7(e), 7(f), and 7(g) shall 
     not apply to the American Discovery Trail.''.
       (c) Comprehensive National Discovery Trail Plan.--Section 5 
     of such Act (16 U.S.C. 1244) is further amended by adding at 
     the end the following new subsection:
       ``(g) Within three complete fiscal years after the date of 
     enactment of any law designating a national discovery trail, 
     the appropriate Secretary shall submit a comprehensive plan 
     for the protection, management, development, and use of the 
     trail, to the Committee on Resources of the United States 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the United States Senate. The 
     responsible Secretary shall ensure that the comprehensive 
     plan for the entire trail does not conflict with existing 
     agency direction and shall consult with the affected land 
     managing agencies, the Governors of the affected States, 
     affected county and local political jurisdictions, and local 
     organizations maintaining components of the trail. Components 
     of the comprehensive plan include--
       ``(1) policies and practices to be observed in the 
     administration and management of the trail, including the 
     identification of all significant natural, historical, and 
     cultural resources to be preserved, model agreements 
     necessary for joint trail administration among and between 
     interested parties, and an identified carrying capacity for 
     critical segments of the trail and a plan for their 
     implementation where appropriate;
       ``(2) general and site-specific trail-related development 
     including costs; and
       ``(3) the process to be followed by the volunteer-based 
     organization, in cooperation with the appropriate Secretary, 
     to implement the trail marking authorities in section 7(c) 
     conforming to approved trail logo or emblem requirements. 
     Nothing in this Act may be construed to impose or permit the 
     imposition of any landowner on the use of any non-federal 
     lands without the consent of the owner thereof. Neither the 
     designation of

[[Page S8998]]

     a National Discovery Trail nor any plan relating thereto 
     shall affect or be considered in the granting or denial of a 
     right of way or any conditions relating thereto.''.

     SEC. 3. CONFORMING AMENDMENTS.

       The National Trails System Act is amended--
       (1) in section 2(b) (16 U.S.C. 1241(b)), by striking 
     ``scenic and historic'' and inserting ``scenic, historic, and 
     discovery'';
       (2) in the section heading to section 5 (16 U.S.C. 1244), 
     by striking ``AND NATIONAL HISTORIC'' and inserting ``, 
     NATIONAL HISTORIC, AND NATIONAL DISCOVERY'';
       (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter 
     preceding paragraph (1)--
       (A) by striking ``and national historic'' and inserting ``, 
     national historic, and national discovery''; and
       (B) by striking ``and National Historic'' and inserting ``, 
     National Historic, and National Discovery'';
       (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter 
     preceding paragraph (1), by striking ``or national historic'' 
     and inserting ``, national historic, or national discovery'';
       (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking 
     ``or national historic'' and inserting ``, national historic, 
     or national discovery'';
       (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking 
     ``and national historic'' and inserting ``, national 
     historic, and national discovery'';
       (7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or 
     national historic'' each place such term appears and 
     inserting ``, national historic, or national discovery'';
       (8) in section 7(c) (16 U.S.C. 1246(c))--
       (A) by striking ``scenic or national historic'' each place 
     it appears and inserting ``scenic, national historic, or 
     national discovery'';
       (B) in the second proviso, by striking ``scenic, or 
     national historic'' and inserting ``scenic, national 
     historic, or national discovery''; and
       (C) by striking ``, and national historic'' and inserting 
     ``, national historic, and national discovery'';
       (9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or 
     national historic'' and inserting ``national historic, or 
     national discovery'';
       (10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or 
     national historic'' each place such term appears and 
     inserting ``, national historic, or national discovery'';
       (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking 
     ``National Scenic or Historic'' and inserting ``national 
     scenic, historic, or discovery trail'';
       (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking 
     ``or national historic'' and inserting ``national historic, 
     or national discovery''; and
       (13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or 
     national historic'' and inserting ``national historic, or 
     national discovery''.

                          ____________________