[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Pages S9612-S9613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               NATIONAL TRAILS SYSTEM WILLING SELLER ACT

  The Senate proceeded to consider the bill (S. 651) 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, which had been reported from the 
Committee on Energy and Natural Resources with an amendment to strike 
all after the enacting clause and inserting in lieu thereof the 
following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]
  The committee amendment, in the nature of a substitute, was agreed 
to.
  The bill (S. 651), as amended, was read the third time and passed.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 651

       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.

[[Page S9613]]

       [(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 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''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``National Trails System Willing 
     Seller Act''.

     SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR 
                   CERTAIN TRAILS.

       (a) Oregon National Historic Trail.--Section 5(a)(3) of the 
     National Trails System Act (16 U.S.C. 1244(a)(3)) is amended 
     by adding at the end the following: ``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. 
     The authority of the Federal government to acquire fee title 
     under this paragraph shall be limited to an average of not 
     more than one-quarter mile on either side of the trail.''.
       (b) Mormon Pioneer National Historic Trail.--Section 
     5(a)(4) of the National Trails System Act (16 U.S.C. 
     1244(a)(4)) is amended by adding at the end the following: 
     ``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. The authority of the Federal 
     government to acquire fee title under this paragraph shall be 
     limited to an average of not more than one-quarter mile on 
     either side of the trail.''.
       (c) Continental Divide National Scenic Trail.--Section 
     5(a)(5) of the National Trails System Act (16 U.S.C. 
     1244(a)(5)) is amended by adding at the end the following: 
     ``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. The authority of the Federal 
     government to acquire fee title under this paragraph shall be 
     limited to an average of not more than one-quarter mile on 
     either side of the trail.''.
       (d) Lewis and Clark National Historic Trail.--Section 
     5(a)(6) of the National Trails System Act (16 U.S.C. 
     1244(a)(6)) is amended by adding at the end the following: 
     ``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. The authority of the Federal 
     government to acquire fee title under this paragraph shall be 
     limited to an average of not more than one-quarter mile on 
     either side of the trail.''.
       (e) Iditarod National Historic Trail.--Section 5(a)(7) of 
     the National Trails System Act (16 U.S.C. 1244(a)(7)) is 
     amended by adding at the end the following: ``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. The authority of the Federal government to acquire 
     fee title under this paragraph shall be limited to an average 
     of not more than one-quarter mile on either side of the 
     trail.''.
       (f) North Country National Scenic Trail.--Section 5(a)(8) 
     of the National Trails System Act (16 U.S.C. 1244(a)(8)) is 
     amended by adding at the end the following: ``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.''.
       (g) Ice Age National Scenic Trail.--Section 5(a)(10) of the 
     National Trails System Act (16 U.S.C. 1244(a)(10)) is amended 
     by adding at the end the following: ``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.''.
       (h) Potomac Heritage National Scenic Trail.--Section 
     5(a)(11) of the National Trails System Act (16 U.S.C. 
     1244(a)(11)) is amended by adding at the end the following: 
     ``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.''.
       (i) Nez Perce National Historic Trail.--Section 5(a)(14) of 
     the National Trails System Act (16 U.S.C. 1244(a)(14)) is 
     amended by adding at the end the following: ``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. The authority of the Federal government to acquire 
     fee title under this paragraph shall be limited to an average 
     of not more than one-quarter mile on either side of the 
     trail.''.

     SEC. 3. CONFORMING AMENDMENT.

       Section 10(c) of the National Trails System Act (16 U.S.C. 
     1249(c)) is amended to read as follows:
       ``(c)(1) Except as otherwise provided in this Act, there is 
     authorized to be appropriated such sums as may be necessary 
     to implement the provisions of this Act relating to the 
     trails designated by section 5(a).
       ``(2) Not more than $500,000 may be appropriated for the 
     purposes of land acquisition and interests therein for the 
     Natchez Trace National Scenic Trail designated by section 
     5(a)(12) of this Act, and not more than $2,000,000 may be 
     appropriated for the purposes of the development of such 
     trail. The administering agency for the trail shall encourage 
     volunteer trail groups to participate in the development of 
     the trail.''.

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