[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[House]
[Pages 3417-3419]
[From the U.S. 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

[[Page 3418]]

     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''.

  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. 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. 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

[[Page 3419]]

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.
  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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