[Senate Report 105-177]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 349
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-177
_______________________________________________________________________


 
                 NATIONAL DISCOVERY TRAILS ACT OF 1997

                                _______
                                

                 April 29, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1069]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1069) entitled the ``National Discovery 
Trails Act of 1997,'' having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Discovery Trails Act of 
1997''.

SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

    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 orauthorities 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 redesignating the paragraph relating to the Pony 
        Express National Historic Trail as paragraph (19);
          (3) by redesignating the paragraph relating to the Selma to 
        Montgomery National Historic Trail as paragraph (20)
          (4) by adding at the end the following:
          ``(21) 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 
administering Federal agency shall, in cooperation with at least one 
competent trailwide volunteer-based organization, submit a 
comprehensive plan for the protection, management, development, and use 
of the federal portions of the trail, and provide technical assistance 
to states and local units of government and private landowners, as 
requested, for non-federal portions 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 
that the volunteer-based organization 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 anticipated 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''.

                         Purpose of the Measure

    The purpose of S. 1069 is to amend the National Trails 
System Act to designate the American Discovery Trail as the 
first National Discovery Trail and to establish a new category 
of National Discovery Trails within the National Trails System.

                          Background and Need

    The American Discovery Trail (ADT) is a project 
administered by the American Trail Society (ADTS) to develop 
the first coast-to-coast multi-use hiking trail. It connects 
large cities, small towns and urban areas, and mountains, 
forest, desert and natural areas by incorporating together 
local, regional and national trails.
    The ADT which is approximately 6,356 miles long, travels 
through fifteen states and the District of Columbia. Most of 
the Trail's route is located on public land, crossing private 
lands for only 58 miles along its route. The trail begins at 
the Pacific Ocean at Point Reyes National Seashore in 
California. From there, it traverses California, Nevada, Utah 
and Colorado, where in Denver it splits into two routes. The 
Northern Midwest route travels through Nebraska, Iowa, Illinois 
and Indiana. The Southern Midwest route explores Kansas, 
Missouri, Illinois and Indiana. After rejoining just west of 
Cincinnati, the route continues through Kentucky, Ohio, West 
Virginia, Maryland, Washington DC and Delaware, where the ADT 
ends at the Atlantic Ocean at Cape Henlopen State Park.
    The National Trails System Act (NTSA) was enacted in 1968 
as a framework for a national system of connected scenic, 
historic and recreational trails. Today, there are eight 
National Scenic Trails, which are protected scenic corridors 
for outdoor recreation located primarily in the back country; 
12 National Historic Trails, which recognize prominent routes 
of exploration, migration, commerce, and military actions; and 
over 800 National Recreational Trails, shorter trails which 
vary in length, terrain, difficulty and accessibility and are 
managed by public and private agencies at the local, state and 
national levels.
    Public Law 102-461 directed the National Park Service to 
conduct a feasibility study for the ADT. The study was 
completed and transmitted to Congress on July 15, 1996. The ADT 
is being proposed as the first of a new category of long-
distance trails to connect various urban and metropolitan 
trails that have developed over the past 25 years, as well as 
back country trails. The ADT would connect five of the National 
Scenic Trails, 10 of the National Historic Trails, 23 of the 
National Recreational Trails, and hundreds of other local and 
regional trails. According to ADT proponents, until now, there 
has not been a national system of ``connected'' trails.
    The ADT is a trail of national significance not only 
because of its length, but because it fits the goals of the 
``1990 Trails for All Americans Report,'' which envisions 
trails which will serve all Americans, connect the people and 
places of the Nation, provide diverse experiences while 
respecting the natural and built environments, and be built 
through creative partnerships. The ADT combines the qualities 
of national scenic, historic and recreational trails, but its 
real strength is that it provides connections. Connections 
between trails, between cities and the back country, and 
between the Atlantic and Pacific Oceans.

                          Legislative History

    S. 1069 was introduced on July 25, 1997 by Senators 
Murkowski and Warner. Since introduction the following 
cosponsors were added: Senators Hatch, Moseley-Braun, Robb, 
Reid, Campbell and Roth.
    The Subcommittee on National Parks, Historic Preservation 
and Recreation held a hearing on S. 1069 on February 11, 1998.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 10, 1998, by a unanimous voice vote 
of a quorum present, recommends that the Senate pass S. 1069, 
if amended as described herein.

                          Committee Amendment

    During the consideration of S. 1069, the Committee adopted 
an amendment in the nature of a substitute, which made a number 
of clarifying and technical amendments to the bill as 
introduced. In addition, where national discovery trails are 
congruent with other local, state, national scenic, or national 
historic trails, the amendment clarifies that the designation 
of the discovery trail shall not diminish the values and 
significance for which those trails were established.
    The amendment also eliminates provisions which would have 
provided that private land owner consent could be revoked at 
any time, and a provision relating to buffer zones.

                      Section-by-Section Analysis

    Section 1 cites the short title of the Act as the 
``National Discovery Trails Act of 1997.''
    Section 2(a) amends the National Trails Systems Act by 
adding ``National Discovery Trails'' as a new category of 
trails which may be designated as part of the Act. The section 
contains a provision which requires the consent of owner of any 
non-Federal lands to be designated as a ``Discovery Trail''.
    The section further amends the National Trails Systems Act 
by establishing criteria and cooperative management 
requirements for National Discovery Trails. A National 
Discovery Trail must link one or more areas within the 
boundaries of a metropolitan area and it should join with other 
trails, connecting the National Trails System to significant 
recreation and resources areas.
    The trail must be supported by a competent trailwide 
volunteer-based organization and have extensive local and 
trailwide support by the public, user groups, and by affected 
State and local governments.
    The trail should be a continuous walkable route and it must 
extend and pass through more than one State.
    The appropriate Secretary for each National Discovery Trail 
shall administer the trail in cooperation with a trailwide 
volunteer-based organization.
    Section 2(b) amends Section 5(a) of the National Trails 
System Act designate the ``American Discovery Trail'' as a 
National Discovery Trail. The trail extends approximately 6,000 
miles from Point Reyes National Seashore in California, 
traveling through fifteen states and the District of Columbia, 
and splitting into a northern and southern route about mid-way 
through the United States as described in Volume 2 of the 
National Park Service feasibility study dated June 1995.
    Section 2(c) amends Section 5 of the National Trails System 
Act by adding a new subsection which adds criteria and 
direction on the completion of comprehensive management plans 
for National Discovery Trails.
    Section 3 amends the National Trails System Act to make 
several conforming amendments.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 26, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1069, the National 
Discovery Trails Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

S. 1069--National Discovery Trails Act of 1997

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 1069 would cost the federal 
government about $1 million over the next two or three fiscal 
years and about $0.5 million annually thereafter. Enacting S. 
1069 would not affect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply. The bill contains no 
intergovernmental or private-sector mandates as defined in 
Unfunded Mandates Reform Act of 1995 and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    S. 1069 would establish ``national discovery trails'' as a 
new category within the National Trails System (NTS). National 
discovery trails would be extended, continuous, interstate 
trails designated on federal lands (or nonfederal property with 
the consent of the owner). As for other national trails, each 
discovery trail would be administered by the Secretary of 
Agriculture (Forest Service) or the Interior (National Park 
Service), as appropriate. Additionally, the respective 
secretary would have to manage each discovery trail in 
cooperation with at least one trailwide volunteer-based 
organization.
    Finally, the bill would designate a 6,000-mile route as the 
American Discovery Trail. This first national discovery trail 
would be managed by the National Park Service (NPS), which 
would be prohibited from acquiring any land outside of 
federally administered areas solely for the purpose of the 
trail. The NPS would have three years to submit a comprehensive 
management plan for the development and use of the federal 
portions of the trail. The bill also would direct the agency to 
provide technical assistance to state and local governments and 
private landowners for planning and managing nonfederal 
portions of the trail.
    CBO estimates that the cost of adding another category to 
the NTS would have no effect on the federal budget. 
Establishing the American Discovery Trail would involve some 
additional federal expense. But because most sectors of the new 
trail are already owned by the federal government or otherwise 
protected and interpreted, we estimate that these costs would 
be less than $1 million. Such one-time costs would include 
amounts to develop the comprehensive management plan, provide 
technical assistance, and create exhibits and other 
interpretive materials. In addition, the NPS would spend 
between $0.4 million and $0.6 million annually to manage and 
maintain the trail once the management plan has been completed, 
depending on how much of this effort would be borne by 
nonfederal entities such as volunteer organizations or state 
and local governments. This estimate is based on information 
provided by the NPS. For purposes of the estimate, CBO assumes 
that all required funding will be appropriated as necessary.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1069. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 1069, as ordered reported.

                        Executive Communications

    On March 11, 1998, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1069. These 
reports had not been received at the time the report on S. 1069 
was filed. When these reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony of the Department 
of the Interior at the Subcommittee hearing follows:

   Statement of Katherine H. Stevenson, Associate Director, Cultural 
     Resource Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before this Committee to present the Department's views on S. 
1069, the National Discovery Trails Act of 1997.
    The Administration recently sent to Congress its proposal 
for the American Discovery Trail. We support enactment of S. 
1069 if amended according to our testimony and the 
Administration's bill. We strongly support the concept of the 
American Discovery Trail and believe that the best way to 
integrate it into the existing National Trails System is 
through carefully establishing a new category of national 
discovery long-distance trails
    The American Discovery Trail (ADT) was proposed in 1990 as 
a continuous mid-continent, coast-to-coast trail to link 
metropolitan areas to the Nation's major long-distance trails, 
as well as to shorter local and regional trails. It was 
envisioned by its founders as a strong backbone for America's 
National Trails System.
    In October 1992, through P.L. 102-461, Congress directed 
the Secretary of the Interior to study the feasibility and 
desirability of adding the ADT to the National Trails System. 
This study was completed in December, 1995, and submitted to 
Congress last year. The ADT route, as described in this 
legislation and mapped in the feasibility study, extends for 
over 6,000 miles from Cape Henlopen State Park in Delaware to 
Point Reyes National Seashore in California, crossing the 
states of Nevada, Utah, Colorado, Nebraska, Kansas, Iowa, 
Missouri, Illinois, Indiana, Ohio, a bit of Kentucky, West 
Virginia, Maryland, and the District of Columbia.
    The feasibility study team visited many parts of the 
trail's route, analyzed its purposes and goals as a stand-alone 
project and as an integral part of the National Trails System. 
They developed the following three alternatives based on their 
findings:
    Alternative 1 examined the ADT as a potential national 
scenic trail.
    Alternative 2 recognized the unique characteristics of this 
trail and suggested a new category of trail within the National 
Trails System.
    Alternative 3 explored taking no federal action.
    S. 1069 is based on Alternative 2, a new category of long-
distance trail.
    We believe that the National Trails System can be improved 
by adding this new category, which links America's cities 
together, is open to a variety of trail users (as determined by 
local conditions), and relies on a relationship of equals 
between the Federal Government and a nonprofit partner. 
However, such trails must be limited to those that meet 
specific requirements and are of national interest and 
significance.
    If created generally as proposed in this legislation, the 
ADT, as well as the new category of national discovery trails, 
will further the goals of the National Trails System in several 
significant ways--ways which help update the system to reflect 
current popular and political realities. The ADT will:
          (1) link America's long-distance trails to a variety 
        of cities and towns, thereby providing population 
        centers direct access to our Nation's remarkable trails 
        system;
          (2) welcome into the National Trails System a new 
        category of trails for which the primary responsibility 
        for protecting and maintaining these trails lies not 
        with the Federal Government, but with others;
          (3) be built largely upon existing trails and trail 
        systems, thereby eliminating the need for federal 
        acquisition; and
          (4) require that an effective private-sector partner 
        is present from the start, rather than following 
        designation. It is our experience that trails created 
        without such partners tend to flounder and do not serve 
        the public well. In this care, the nonprofit partner 
        would shoulder much of the coordination and 
        certification responsibility which, in the past, has 
        fallen to the Federal Government in caring for long-
        distance trails created under the National Trails 
        System Act.
    The importance of a strong partner. The Appalachian Trail 
was the model and impetus for the National Trails System. When 
that trail was established as a national scenic trail in 1968, 
it was well-supported by a vibrant nonprofit organization, the 
Appalachian Trail Conference, with thousands of members and 
decades of trail-building and maintaining experience. For the 
National Park Service, helping protect and administer the 
Appalachian Trail from the beginning has been a mutual 
partnership, with both the conference and the service offering 
their skills and strengths to keep the trail viable and intact.
    However, some of the trails subsequently established as 
part of the National Trails System have not had (and still do 
not have) strong partner organizations. In some cases, the 
Federal agency administering a trail has had to wait for such a 
group to get started or to assist in organizing it. Trail 
partnerships are essential to the well-being of the National 
Trails System. We strongly support the amendment to the 
National Trails System Act in S. 1069, which insists that one 
of the criteria for establishing a national discovery trail is 
that there already exists at least one competent, volunteer-
based organization for the proposed trail, backed up by state 
and local public support.
    Trial protection. By far the most controversial issue 
associated with the National Trails System is trail and trail 
corridor protection and, specifically, federal land 
acquisition. The organizers of the ADT recognized this early on 
and located this trail to minimize its impact on private lands. 
It is our understanding that there are only a handful of 
private parcels crossed by the trail, and these occur where an 
underlying trail already exists, such as the Buckeye Trail in 
Ohio. The feasibility study team felt strongly that local and 
state jurisdictions should bear the primary responsibility for 
protecting and enhancing the ADT and its corridor on both 
sides. The Federal Government should only be a facilitator and 
agent of last resort.
    Trail costs: The National park Service today administers 15 
of the nation's 20 national scenic and historic trails. They 
range in length from 54 to 5,600 miles. Operating costs range 
from $25,000 to over $720,000 per year. Because of its length 
and complexity, costs for the ADT will fall somewhere in the 
middle of this range. The feasibility study team estimated the 
trail's comprehensive management plan would cost approximately 
$360,000 over several years, and that annual Federal operating 
costs of the trail as a national discovery trail will be about 
$400,000 a year. Additionally, costs would be incurred by the 
Bureau of Land Management and the Forest Service for the 
management of the portions of the trail under their 
jurisdiction. There should be no land acquisition or protection 
costs for the Federal Government, since primary responsibility 
for trail corridor protection lies with state, local, and 
nonprofit partners. It should be noted that authority already 
exists within the National Trails System Act to appropriate any 
necessary funds to support this trail, or other trails created 
as national discovery trails. Funding for this addition to the 
National Trails System is not currently assumed in outyear 
budget estimates. Establishment of this new trail, even if 
authorized by Congress, would be contingent on Administration 
priorities and available resources.
    Amendments: Based on 20 years' experience administering 
national trails, we have a number of amendments to S. 1069 to 
conform the bill to the Administration's proposal and to 
provide clarity and consistency. We are particularly concerned 
about language in four places where we believe state and local 
jurisdictions, which have the primary responsibility for 
protecting and managing segments of national discovery trails, 
would be severely hampered in their ability to keep the trail 
open to the public and to provide recreational access. We 
propose deleting language in three of these places and offer 
alternative language in the fourth:
    1. On page 2, strike the provision beginning on line 10 and 
ending on line 20, and place a period after ``Federal lands'' 
in line 10.
    2. On page 3, line 18, place a period after ``route'' and 
strike the remainder of the sentence.
    3. On page 6, line 24, strike the sentences beginning with 
``Nothing in this Act * * *'' through page 7, line 7.
    4. On page 5, strike the sentence beginning on line 8. 
Replace the sentence with the following language, which is 
consistent with other recently established national trails: 
``Where authorized, lands or interests in lands related to this 
trail may be acquired by the Federal Government only with the 
consent of the owner.''
    In addition, we have a number of clarifying and technical 
amendments to S. 1069, which we believe would help meet the 
Administration's objectives in establishing this new category 
of trails. These amendments are outlined in the attached 
legislative report.
    Mr. Chairman, we support designation of the ADT as the 
first of a new category of national discovery trails. We 
believe it is innovative and worthy of designation with the 
amendments suggested. The feasibility study has shown that 
people across the nation are clearly enthusiastic about this 
effort. The American Discovery Trail and future discovery 
trails will link America's towns and cities, creating a true 
National Trails System.
    This concludes my prepared remarks. I will be glad to 
answer any questions you may have.
Proposed National Park Service amendments to S. 1069
    1. On page 2, line 22, strike ``Section 5'' and insert 
``Section 5(b)''.
    2. On page 2, line 24, strike ``subsection'' and insert 
``paragraph''.
    3. On page 3, line 1, strike ``(g)(1)'' and insert 
``(12)''.
    Amendments 1-3 would keep the entire discussion of trail 
feasibility in the same section of the National Trails System 
Act.
    4. On page 3, lines 11-12, lines 22-23, and on page 5, line 
6, strike ``a competent trailwide nonprofit organization'' and 
insert ``at least one competent, trailwide, volunteer-based 
organization''. We propose this alternative language to 
highlight the importance of volunteer support for these trails. 
In some cases there may be more than one organization 
supporting a discovery trail.
    5. On page 3, at the end of line 23, add ``Where national 
discovery trails are congruent with other local, state, 
national scenic, or national historic trials, the designation 
of the discovery trail shall not diminish the values and 
significance for which those trails were established.''
    This amendment would ensure that discovery trails have the 
same significance as other trails in the system.
    6. On page 4, line 9, strike ``and'' and add ``(3) by 
redesignating the paragraph relating to the Selma to Montgomery 
National Historic Trail as paragraph (20)''.
    7. On page 4, line 10, strike ``(3)'' and insert ``(4)''.
    8. On page 4, line 5, strike ``(20)'' and insert ``(21)''.
    Amendments 6-8 are necessary since the establishment of the 
Selma to Montgomery National Historic Trail in the 104th 
Congress, which is numbered 20.
    9. On page 5, line 7, strike ``and other'', place a comma 
after ``agencies'', and add the phrase ``and state and local 
governments as appropriate''.
    This amendment would give full discretion to trail 
administrators to work with the necessary units of government.
    10. On page 5, line 12, strike ``sections 7(e), 7(f), and'' 
and insert ``subsection''.
    The NPS believes national discovery trails should not be 
exempt from subsections 7(e) and 7(f) of the National Trails 
System Act. An exemption from subsections 7(e) and 7(f) may 
unduly restrict Federal activity needed to protect this trail. 
Subsection 78(e) authorizes acceptance of donations and 
collaboration through cooperative agreements, and 7(f) 
authorizes land exchanges to protect national trails.
    11. On page 5, line 17, strike ``(h)'' and insert ``(g)''.
    This is a technical amendment.
    12. On page 5, line 19, after the word ``trail,'' strike 
all through ``trail,'' on line 24 and insert ``the responsible 
secretary shall submit a comprehensive plan for the protection, 
management, development, and use of the of the trail''.
    It appears some words may have been left out of this 
sentence. The language we propose would clarify that technical 
assistance comes later during trail administration, not during 
the preparation of a plan for the trail.
    13. On page 6, line 2, insert the word ``responsible'' 
before secretary to make it clear the language refers to the 
secretary responsible for that particular trail.
    14. On page 6, strike lines 4-5 and insert ``trail does not 
conflict with existing agency direction and shall consult with 
the affected''.
    This language provides some clarity to the authority.
    15. On page 6, line 7, insert ``affected'' before 
``county''.
    This is a clarifying amendment.
    16. On page 6, lines 9-10, delete ``Mandatory'' and 
capitalize ``Components''.
    This work is unnecessary since the rest of the sentence has 
the force of law.
    17. On page 6, line 10, delete ``specific objectives'' and 
insert ``policies''.
    Policies are preferred to specific objectives to encourage 
trail partners to frame principles of cooperation during the 
planning process.
    18. On page 6, line 16 and 17, strike ``of the trail and a 
plan for its implementation'' and insert ``for critical 
segments of the trail and a plan for their implementation where 
appropriate.''
    We suggest this amendment because the reference to 
``identified carrying capacity'' creates a difficult 
requirement that has been almost impossible to address in other 
trail plans. The concept of carrying capacity must be done 
flexibly because of the great variability of sites and segments
    19. On page 6, line 18, strike ``plans'' and insert 
``trail-related'' before ``development''.
    This is a clarifying amendment.
    20. On page 6, lines 20-22, strike ``by the nonprofit 
organization, in cooperation with the appropriate Secretary,''.
    This language is redundant.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1069, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman);

            (Public Law 90-543, as amended--October 2, 1968)

    Sec. 2(a) In order to provide for the ever-increasing 
outdoor recreation needs of an expanding population and in 
order 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, trails should be 
established (i) primarily, near the urban areas of the Nation, 
and (ii) secondarily, withinscenic areas and along historic 
travel routes of the Nation, which are often more remotely located.
    (b) The purpose of this Act is to provide the means for 
attaining these objectives by instituting a national system of 
recreation, [scenic and historic] scenic, historic, and 
discovery trails, by designating the Appalachian Trail and the 
Pacific Crest Trail as the initial components of that system, 
and by prescribing the methods by which, and standards 
according to which, additional components may be added to the 
system.
    (c) The Congress recognizes the valuable contributions that 
volunteers and private, nonprofit trail groups have made to the 
development and maintenance of the Nation's trails. In 
recognition of these contributions, it is further the purpose 
of this Act to encourage and assist volunteer citizen 
involvement in the planning, development, maintenance, and 
management, where appropriate, of trails.
    Sec. 3(a) The national system of trials shall be composed 
of the following:
          (1) National recreation trails, established as 
        provided in section 4 of this Act, which will provide a 
        variety of outdoor recreation uses in or reasonably 
        accessible to urban areas.
          (2) National scenic trails, established as provided 
        in section 5 of this Act, which will be extended trails 
        so located as to provide for maximum outdoor recreation 
        potential and for the conservation and enjoyment of the 
        nationally significant scenic, historic, natural, or 
        cultural qualities of the areas through which such 
        trails may pass. National scenic trails may be located 
        so as to represent desert, marsh, grassland, mountain, 
        canyon, river, forest, and other areas, as well as land 
        forms which exhibit significant characteristics of the 
        physiographic regions of the Nation.
          (3) National historic trails, established as provided 
        in section 5 of this Act, which will be extended trails 
        which follow as closely as possible and practicable the 
        original trials or routes of travel of national 
        historic significance. Designation of such trails or 
        routes shall be continuous, but the established or 
        developed trail, and the acquisition thereof, need not 
        be continuous onsite. National historic trials shall 
        have as their purpose the identification and protection 
        of the historic route and its historic remnants and 
        artifacts for public use and enjoyment. Only those 
        selected land and water based components of an historic 
        trail which are on federally owned lands and which meet 
        the national historic trail criteria established in 
        this Act are included as Federal protection components 
        of a national historic trail. The appropriate Secretary 
        may certify other lands as protected segments of a 
        historic trail upon application from State or local 
        governmental agencies or private interests involved if 
        such segments meet the national historic trail criteria 
        established in this Act and such criteria supplementary 
        thereto as the appropriate Secretary may prescribe, and 
        are administered by such agencies or interests without 
        expense to the United States.
          (4) Connecting or side trails, established as 
        provided in section 6 of this Act, which will provide 
        additional points of public access to national 
        recreation, national scenic or national historic trails 
        or which will provide connections between such trails.
The Secretary of the Interior and the Secretary of Agriculture, 
in consultation with appropriate governmental agencies and 
public and private organizations, shall establish a uniform 
marker for the national trails system.
          (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 as 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.

           *       *       *       *       *       *       *


NATIONAL SCENIC AND [NATIONAL HISTORIC] NATIONAL HISTORIC, AND NATIONAL 
                            DISCOVERY TRAILS

    Sec. 5. (a) National Scenic and [national historic] 
national historic, and national discovery trails shall be 
authorized and designated only by an Act of Congress. There are 
hereby established the following National Scenic and [National 
Historic] National Historic, and National Discovery Trails:

           *       *       *       *       *       *       *

          [()] (18) The California National Historic Trail, a 
        route of approximately five thousand seven hundred 
        miles, including all routes and cutoffs, extending from 
        Independence and Saint Joseph, Missouri, and Council 
        Bluffs, Iowa, to various points in California an 
        Oregon, as generally described in the report of the 
        Department of the ``California Pony Express Trails, 
        Eligibility/Feasibility Study/Environmental 
        Assessment'' and dated September 1987. A map generally 
        depicting the route shall be on file and available for 
        public inspection in the Office of the National Park 
        Service, Department of the Interior. The trail shall be 
        administered by the Secretary of the Interior. No lands 
        or interests therein outside the exterior boundaries of 
        any federallyadministered area may be acquired by the 
United States for the California National Historic Trial except with 
the consent of the owner thereof.
          [()] (19) The Pony Express national Historic Trail, a 
        route of approximately one thousand nine hundred miles, 
        including the original route and subsequent route 
        changes, extending from Saint Joseph, Missouri, to 
        Sacramento, California, as generally described in the 
        report of the Department of the Interior prepared 
        pursuant to subjection (b) of this section entitled 
        ``California and Pony Express Trails, Eligibility/
        Feasibility Study/Environmental Assessment'', and dated 
        September 1987. A map generally depicting the route 
        shall be on file and available for public inspection in 
        the Office of the National Park Service, Department of 
        the Interior. The trail shall be administered by the 
        Secretary of the Interior. No lands or interests 
        therein outside the exterior boundaries of any 
        federally administered area may be acquired by the 
        United States for the Pony Express National Historic 
        Trail except with the consent of the owner thereof.
          [()] (20) The Selma to Montgomery National Historic 
        Trail, consisting of 54 miles of city streets and 
        United States Highway 80 from Brown Chapel A.M.E. 
        Church in Selma to the State Capitol Building in 
        Montgomery, Alabama, traveled by voting rights 
        advocates during March 1965 to dramatize the need for 
        voting rights legislation, as generally described in 
        the report of the Secretary of the Interior prepared 
        pursuant to subsection (b) of this section entitled 
        ``Selma to Montgomery'' and dated April 1993. Maps 
        depicting the route shall be on file and available for 
        public inspection in the Office of the National Park 
        Service, Department of the Interior. The trail shall be 
        administered in accordance with this Act, including 
        section 7(h). The Secretary of the Interior, acting 
        through the National Park Service, which shall be the 
        lead federal agency, shall cooperate with other 
        Federal, State and local authorities to preserve 
        historic sites along the route, including (but not 
        limited to) the Edmund Pettus Bridge and the Brown 
        Chapel A.M.E. Church.
          (21) 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.''.
    (b) The Secretary of the Interior, through the agency most 
likely to administer such trail, and the Secretary of 
Agriculture where lands administered by him are involved, shall 
make such additional studies as are herein or may hereafter be 
authorized by the Congress for the purpose of determining the 
feasibility a desirability of designating other trails as 
national scenic or [national historic] national historic, and 
national discovery trails. Such studies shall be made in 
consultation with the heads of other Federal agencies 
administering lands through which such additional proposed 
trails would pass and in cooperation with interested 
interstate, State, and local governmental agencies, public and 
private organizations, and landowners and land users concerned. 
The feasibility of designating a trail shall be determined on 
the basis of an evaluation of whether or not it is physically 
possible to develop a trail along a route being studied, and 
whether the development of a trail would be financially 
feasible. The studies listed in subsection (c) of this section 
shall be completed and submitted to the Congress, with 
recommendations as to the suitability of trail designation, not 
later than three complete fiscal years from the date of 
enactment of their addition to this subsection, or from the 
date of enactment of this sentence, whichever is later. Such 
studies, when submitted, shall be printed as a House or Senate 
document, and shall include, but not limited to:

           *       *       *       *       *       *       *

    (3) the characteristics which, in the judgment of the 
appropriate Secretary, make the proposed trail worthy of 
designation as a national scenic or [national historic] 
national historic or national discovery trail; and in the case 
of national historic trails the report shall include the 
recommendation of the Secretary of the Interior's National Park 
System Advisory Board as to the national historic significance 
based on the criteria developed under the Historic Sites Act of 
1935 (49 Stat. 666; 16 U.S.C. 461);

           *       *       *       *       *       *       *

    (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 resource 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 a 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.

           *       *       *       *       *       *       *

    (g) Within three complete fiscal years after the date of 
enactment of any law designating a national discovery trail, 
the administering Federal agency shall, in cooperation with at 
least one competent trailwide volunteer-based organization, 
submit a comprehensive plan for the protection, management, 
development, and use of the federal portions of the trail, and 
provide technical assistance to states and local units of 
government and private landowners, as requested, for non-
federal portions 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 that the volunteer-based organization 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 anticipated 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. 7(a)(2) Pursuant to section 5(a), the appropriate 
Secretary shall select the rights-of-way for national scenic 
and [national historic] national historic, and national 
discovery trails and shall publish notice of the availability 
of appropriate maps or descriptions in the Federal Register: 
Provided, That in selecting the rights-of-way full 
consideration shall be given to minimizing the adverse effects 
upon the adjacent landowner or user and his operation. 
Development and management of each segment of the National 
Trails System shall be designed to harmonize with and 
complement any established multiple-use plans for that specific 
area in order to insure continued maximum benefits from the 
land. The location and width of such right-of-way across 
Federal lands under the jurisdiction of another Federal agency 
shall be by agreement between the head of that agency and the 
appropriate Secretary. In selecting rights-of-way for trail 
purposes the secretary shall obtain the advice and assistance 
of the States, local governments, private organizations, and 
landowners and land users concerned.
    (b) After publication of notice of the availability of 
appropriate maps or descriptions in the Federal Register, the 
Secretary charged with the administration of a national scenic 
or [national historic] national historic or national discovery 
trail may relocate segments of a national scenic or [national 
historic] national historic or national discovery trail right-
of-way, with the concurrence of the head of the Federal agency 
having jurisdiction over the lands involved, upon a 
determination that: (i) Such a relocation is necessary to 
preserve the purposes for which the trail was established, or 
(ii) the relocation is necessary to promote a sound land 
management program in accordance with established multiple-use 
principles: Provided, That a substantial relocation of the 
rights-of-way for such trail shall be by Act of Congress.
    (c) National [scenic or national historic] scenic, national 
historic, or national discovery trails may contain campsites, 
shelters, and related-public-use facilities. Other uses along 
the trail, which will not substantially interfere with the 
nature and purpose of the trail, may be permitted by the 
Secretary charged with the administration of the trail. 
Reasonable efforts shall be madeto provide sufficient access 
opportunities to such trails and, to the extent practicable, efforts 
shall be made to avoid activities incompatible with the purposes for 
which such trails were established. The use of motorized vehicles by 
the general public along any national scenic trail shall be prohibited 
and nothing in this Act shall be construed as authorizing the use of 
motorized vehicles within the natural and historical areas of the 
national park system, the national wildlife refuge system, the national 
wilderness preservation system where they are presently prohibited or 
on other Federal lands where trails are designated as being closed to 
such use by the appropriate Secretary: Provided, That the Secretary 
charged with the administration of such trail shall establish 
regulations which shall authorize the use of motorized vehicles when, 
in his judgment, such vehicles are necessary to meet emergencies or to 
enable adjacent landowners or land users to have reasonable access to 
their lands or timber rights; Provided further, That private lands 
included in the national recreation, national [scenic, or national 
historic] scenic, national historic, or national discovery trails by 
cooperative agreement of a landowner shall not preclude such owner from 
using motorized vehicles on or across such trails or adjacent land from 
time to time in accordance with regulations to be established by the 
appropriate Secretary. Where a [national historic] national historic 
and national discovery trail follows existing public roads, developed 
rights-of-way of waterways, and similar features of man's non-
historically related development, approximating the original location 
of a historic route, such segments may be marked to facilitate 
retracement of the historic route, and where a [national historic] 
national historic, and national discovery trail parallels an existing 
public road, such road may be marked to commemorate the historic route. 
Other uses along the historic trails and the Continental Divide 
National Scenic Trail, which will not substantially interfere with the 
nature and purposes of the trail, and which at the time of designation, 
are allowed by administrative regulations, including the use of 
motorized vehicles, shall be permitted by the Secretary charged with 
the administration of the trail. The Secretary of the Interior and the 
Secretary of Agriculture, in consultation with appropriate governmental 
agencies and public and private organizations, shall establish a 
uniform marker, including thereon an appropriate and distinctive symbol 
for each national recreation, national [scenic, and national historic] 
scenic, national historic, or national discovery trail. Where the 
trails cross lands administered by Federal agencies such markers shall 
be erected at appropriated points along the trail in accordance with 
standards established by the appropriate Secretary and where the trails 
cross non-Federal lands, in accordance with written cooperative 
agreements, the appropriate Secretary shall provide such uniform 
markers to cooperating agencies and shall require such agencies to 
erect and maintain them in accordance with the standards established. 
The appropriate Secretary may also provide for trail interpretation 
sites, which shall be located at historic sites along the route of any 
national [scenic or national historic] scenic, national historic, or 
national discovery trail, in order to present information to the public 
about the trail, at the lowest possible cost, with emphasis on the 
portion of the trail passing through the State in which the site is 
located. Wherever possible, the sites shall be maintained by a State 
agency under a cooperative agreement between the appropriate Secretary 
and the State agency.
    (d) Within the exterior boundaries of areas under their 
administration that are included in the right-of-way selected 
for a national recreation, national scenic, or [national 
historic] national historic, or national discovery trail, the 
heads of Federal agencies may use lands for trail purposes and 
may acquire lands or interests in lands by written cooperative 
agreement, donation, purchase without donated or appropriated 
fund or exchange.
    (e) Where the lands included in a national scenic or 
[national historic] national historic, or national discovery 
trail right-of-way are outside of the exterior boundaries of 
federally administered areas, the Secretary charged with the 
administration of such trail shall encourage the States or 
local governments involved (1) to enter into written 
cooperative agreements with landowners, private organizations, 
and individuals to provide the necessary trail right-of-way, or 
(2) to acquire such lands or interests therein to be utilized 
as segments of the national scenic or [national historic] 
national historic, or national discovery trail: Provided, That 
if the State or local governments fail to enter into such 
written cooperative agreements or to acquire such lands or 
interest therein after notice of the selection of the right-of-
way is published, the appropriate Secretary may (i) enter into 
such agreements with landowners, States, local governments, 
private organizations, and individuals for the use of lands for 
trail purposes, or (ii) acquire private lands or interests 
therein by donation, purchase with donated or appropriated 
funds or exchange in accordance with the provisions of 
subsection (f) of this section: Provided further, That the 
appropriate Secretary may acquire lands or interests therein 
from local governments or governmental corporations with the 
consent of such entities. The lands involved in such rights-of-
way should be acquired in fee, if other methods of public 
control are not sufficient to assure their use for the purpose 
for which they are acquired: Provided, That if the Secretary 
charged with the administration of such trail permanently 
relocates the right-of-way and disposes of all title or 
interest in the land, the original owner, or his heirs or 
assigns, shall be offered by notice given at the former owner's 
last known address, the right of first refusal at their fair 
market price.

           *       *       *       *       *       *       *

    (f)(2) In acquiring lands or interest therein for a 
[National Scenic orHistoric Trail] national scenic, historic, 
or discovery trail, the appropriate Secretary may, with consent of a 
landowner, acquire whole tracts notwithstanding the parts of such 
tracts may lie outside the area of trail acquisition. In furtherance of 
the purposes of this Act, lands so acquired outside the area of trail 
acquisition may be exchanged for any non-Federal lands or interests 
therein within the trail right-of-way or disposed of in accordance with 
such procedures or regulations as the appropriate Secretary shall 
prescribe, including: (i) provisions for conveyance of such acquired 
lands or interests therein at not less than fair market value to the 
highest bidder, and (ii) provisions for allowing the last owners or 
record a right to purchase said acquired lands or interests therein 
upon payment or agreement to pay an amount equal to the highest bid 
price. For lands designated for exchange or disposal, the appropriate 
Secretary may convey these lands with any reservations or covenants 
deemed desirable to further the purposes of this Act. The proceeds from 
any disposal shall be credited to the appropriation bearing the costs 
of land acquisition for the affected trail.

           *       *       *       *       *       *       *

    (h)(1) The Secretary charged with the administration of a 
national recreation, national scenic, or [national historic] 
national historic or national discovery trail shall provide for 
the development and maintenance of such trails within federally 
administered areas and shall cooperate with and encourage the 
States to operate, develop, and maintain portions of such 
trails which are located outside the boundaries of federally 
administered areas. When deemed to be in the public interest, 
such Secretary may enter written cooperative agreements with 
the States or their political subdivisions, landowners, private 
organizations, or individuals to operate, develop, and maintain 
any portion of such a trail either within or outside federally 
administered area. Such agreements may include provisions or 
limited financial assistance to encourage participation in the 
acquisition, protection, operation, development, or maintenance 
of such trails, provisions providing volunteer in the park or 
volunteer in the forest status (in accordance with the 
Volunteers in the Parks Act of 1969 and the Volunteers in the 
Forests Act of 1972) to individuals, private organizations, or 
landowners participating in such activities, or provisions of 
both types. The appropriate Secretary shall also initiate 
consultations with affected States and their political 
subdivisions to encourage:
    (i) The appropriate Secretary, with the concurrence of the 
heads of any other Federal agencies administering lands through 
which a national recreation, national scenic, or [national 
historic] national historic, or national discovery trail 
passes, and after consultation with the States, local 
governments, and organizations concerned, may issue 
regulations, which may be revised from time to time, governing 
the use, protection, management, development, and 
administration of trails of the national trails system. In 
order to maintain good conduct on and along the trails located 
within federally administered areas and to provide for the 
proper government and protection of such trails, the Secretary 
of the Interior and the Secretary of Agriculture shall 
prescribe and publish such uniform regulations as they deem 
necessary and any person who violates such regulations shall be 
guilty of a misdemeanor and may be punished by a fine of not 
more than $500, or by imprisonment not exceeding six months, or 
by both such find and imprisonment. The Secretary responsible 
for the administration of any segment of any component of the 
National Trails System (as determined in a manner consistent 
with sub section (a)(1) of this section) may also utilize 
authorities related to units of the national park system or the 
national forest system, as the case may be, in carrying out his 
administrative responsibilities for such component.

                                
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