[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Page S9614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      BUTTERFIELD OVERLAND NATIONAL HISTORIC TRAIL DESIGNATION ACT

  Mr. HEINRICH. Mr. President, I ask unanimous consent that the 
Committee on Energy and Natural Resources be discharged from further 
consideration of S. 3519 and that the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3519) to amend the National Trails System Act to 
     designate the Butterfield Overland National Historic Trail, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


 =========================== NOTE =========================== 

  
  On page S9614, December 20, 2022, first column, the following 
appears: There being no objection, the Senate proceeded to 
consider the bill, which had been reported from the Committee on 
Energy and Natural Resources.
  
  The online Record has been corrected to read: There being no 
objection, the Senate proceeded to consider the bill.


 ========================= END NOTE ========================= 


  Mr. HEINRICH. I ask unanimous consent that the Boozman substitute 
amendment at the desk be considered and agreed to; that the bill, as 
amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 6586) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Butterfield Overland 
     National Historic Trail Designation Act''.

     SEC. 2. DESIGNATION OF THE BUTTERFIELD OVERLAND NATIONAL 
                   HISTORIC TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(31) Butterfield overland national historic trail.--
       ``(A) In general.--The Butterfield Overland National 
     Historic Trail, a trail of approximately 3,292 miles 
     following the route operated by the Butterfield Overland Mail 
     Company, known as the `Ox-Bow Route', to transport mail and 
     passengers between the eastern termini of St. Louis, 
     Missouri, and Memphis, Tennessee, and extending westward 
     through the States of Arkansas, Oklahoma, Texas, New Mexico, 
     and Arizona, to the western terminus of San Francisco, 
     California, as generally depicted on the maps numbered 1 
     through 15, entitled `Study Route Maps', and contained in the 
     report prepared by the National Park Service entitled 
     `Butterfield Overland Trail National Historical Trail Special 
     Resource Study' and dated May 2018.
       ``(B) Maps.--The maps described in subparagraph (A) shall 
     be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       ``(C) Administration.--The trail established by 
     subparagraph (A) shall be administered by the Secretary of 
     the Interior.
       ``(D) Land acquisition.--The United States shall not 
     acquire for the trail established by subparagraph (A) any 
     land or interest in land outside of the exterior boundary of 
     any federally administered area without the consent of the 
     owner of the land or interest in land.
       ``(E) No buffer zone created.--
       ``(i) In general.--Nothing in this paragraph, the 
     acquisition of land or an interest in land authorized by this 
     paragraph, or any management plan for the Butterfield 
     Overland National Historic Trail creates a buffer zone 
     outside of the Butterfield Overland National Historic Trail.
       ``(ii) Outside activities.--The fact that an activity or 
     use on land outside the Butterfield Overland National 
     Historic Trail can be seen, heard, or detected from land or 
     an interest in land acquired for the Butterfield Overland 
     National Historic Trail shall not preclude, limit, control, 
     regulate, or determine the conduct or management of the 
     activity or use.
       ``(F) Effect on energy development, production, or 
     transmission.--Nothing in this paragraph, the acquisition of 
     land or an interest in land authorized by this paragraph, or 
     any management plan for the Butterfield Overland National 
     Historic Trail shall prohibit, hinder, or disrupt the 
     development, production, or transmission of energy.
       ``(G) No eminent domain or condemnation.--In carrying out 
     this paragraph, the Secretary of the Interior may not use 
     eminent domain or condemnation.''.

  The bill (S. 1942), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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