[House Report 106-846]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-846

======================================================================



 
  WILLING SELLER AMENDMENTS OF 2000 TO THE NATIONAL TRAILS SYSTEM ACT

                                _______
                                

 September 14, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2267]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2267) to amend the National Trails System Act to clarify 
Federal authority relating to land acquisition from willing 
sellers for the majority of the trails, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Willing Seller Amendments of 2000 to 
the National Trails System Act''.

SEC. 2. FINDINGS.

  Congress makes the following findings:
          (1) In spite of commendable efforts by the governments of 
        States and political subdivisions of States and private 
        volunteer trail groups to develop, operate, and maintain the 
        national scenic and national historic trails (referred to in 
        this Act as the ``trails''), the rate of progress towards 
        developing and completing the trails is slower than 
        anticipated.
          (2) Nine national scenic and historic trails were authorized 
        by Congress between 1978 and 1986 with restrictions totally 
        excluding Federal authority for land acquisition. To complete 
        these 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 condemnation, should be extended to the 
        Secretary administering those trails.

SEC. 3. SENSE OF CONGRESS.

  It is the sense of Congress that in order to address the problems 
involving multijurisdictional authority over the national trails 
system, the head of each Federal agency with jurisdiction over an 
individual trail should--
          (1) cooperate with appropriate officials of States and 
        political subdivisions of States and private persons with an 
        interest in the trails to pursue the development of the trails; 
        and
          (2) be granted sufficient authority to purchase lands from 
        willing sellers that are critical to the completion of the 
        trails.

SEC. 4. INTENT.

  It is the intent of Congress that lands or interests in lands for the 
9 components of the National Trails System affected by this Act shall 
only be acquired by the Federal Government from willing sellers.

SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS SYSTEM ACT.

  The National Trails System Act (16 U.S.C. 1241 et seq.) is amended--
          (1) in section 5(a)--
                  (A) in the fourth sentence of paragraph (11)--
                          (i) by striking ``No lands or interest 
                        therein outside the exterior'' and inserting 
                        ``No lands or interest in lands outside of the 
                        exterior''; and
                          (ii) by inserting before the period the 
                        following: ``without the consent of the owner 
                        of the land or interest''; and
                  (B) in the fourth sentence of paragraph (14)--
                          (i) by striking ``No lands or interests 
                        therein outside the exterior'' and inserting 
                        ``No land or interest in land outside of the 
                        exterior''; and
                          (ii) by inserting before the period the 
                        following: ``without the consent of the owner 
                        of the land or interest''; and
          (2) in section 10(c), by striking paragraph (1) and inserting 
        the following new paragraph:
  ``(c)(1) Notwithstanding any other provision of law (including any 
other provision of this Act), no funds may be expended by the Federal 
Government for the acquisition of any land or interest in land outside 
of the exterior boundaries of existing Federal lands for the 
Continental Divide National Scenic Trail, the North Country National 
Scenic Trail, the Ice Age National Scenic Trail, the Potomac Heritage 
National Scenic Trail, the Oregon National Historic Trail, the Mormon 
Pioneer National Historic Trail, the Nez Perce National Historic Trail, 
the Lewis and Clark National Historic Trail, or the Iditarod National 
Historic Trail, except with the consent of the owner of the land or 
interest. If the Federal Government fails to make payment in accordance 
with a contract for sale of land or an interest in land transferred 
under this paragraph, the seller may avail himself of all remedies 
available under all applicable law, including electing to void the 
sale.''.

                          Purpose of the Bill

    The purpose of H.R. 2267 is to amend the National Trails 
System Act to clarify Federal authority relating to land 
acquisition from willing sellers for the majority of the 
trails, and for other purposes.

                  Background and Need for Legislation

    The National Trails System Act originally established 20 
trails. Along nine of the 20 trails, the federal government is 
not authorized to acquire any land outside of the exterior 
boundaries of any federally-administered area. H.R. 2267 would 
give the federal government the authority to purchase land from 
willing sellers along these nine trails to secure necessary 
rights-of-way and historic sites and segments. H.R. 2267 
specifically provides that such purchase requires the consent 
of the owner of the land or interest.
    H.R. 2267 also assures that the land owner, if a willing 
seller, is entitled to prompt compensation under the terms of 
the sale contract. Specifically, the seller will be able to use 
all remedies under the law if the federal government fails to 
make payment in accordance with the contract for the sale of 
land or interest. Remedies available to the seller include 
voiding the sale.
    The nine trails which will be affected by this legislation 
are: the Continental Divide National Scenic Trail, the North 
Country National Scenic Trail, the Ice Age National Scenic 
Trail, the Potomac Heritage National Trail, the Oregon National 
Historic Trail, the Mormon Pioneer National Historic Trail, the 
Nez Perce National Historic Trail, the Lewis and Clark National 
Historic Trail, and the Iditarod National Historic Trail.

                            Committee Action

    H.R. 2267 was introduced by Congressman Scott McInnis (R-
CO) on June 17, 1999. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On May 9, 2000, the 
Subcommittee held a hearing on the bill. On May 18, 2000, the 
Subcommittee met to consider the bill. A technical amendment 
was offered by Congressman James V. Hansen (R-UT). The 
amendment was adopted by voice vote. No further amendments were 
offered and the bill, as amended, was ordered favorably 
reported to the Full Committee by voice vote. On July 26, 2000 
the Resources Committee met to consider the bill. No amendments 
were offered and the bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 12, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2267, the Willing 
Seller Amendments of 2000 to the National Trails System Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2267--Willing Seller Amendments of 2000 to the National Trails 
        System Act

    H.R. 2267 would amend the National Trails System Act to 
allow the federal government to purchase land from willing 
sellers for nine of the 20 national trails. Under current law, 
federal agencies are not authorized to spend funds to acquire 
funds to acquire land for these nine trails that is outside of 
existing federal areas such as national forests or parks. (An 
exception to this prohibition is that one site in each state 
crossed by each trail may be acquired for an interpretive 
site.)
    The costs of implementing H.R. 2267 are uncertain because 
the federal agencies that administer national trails have not 
completed land protection plans for most of the nine trails 
affected by the legislation. CBO expects that relatively little 
land along the nearly 19,000 miles composing the nine trails 
would be acquired because most land can probably be protected 
in other ways, as it is for other trails in the system. 
Nevertheless, total acquisition costs could be significant 
because some of the longest trails would probably require large 
areas to be purchased. For example, acquisitions for multistate 
trails such as the 3,200-mile North Country National Scenic 
Trail could cost over $100 million, assuming appropriation of 
the necessary amounts. For some of the shorter trails, costs 
would be much lower. For example, trails located primarily on 
state or federal lands, such as the Iditarod National Historic 
Trail in Alaska, would probably require few or no purchases. In 
any case, all acquisition funding would be subject to the 
appropriation of the necessary amounts and would probably be 
spent over a period of several years.
    Of the other 11 existing national trails (not covered by 
this legislation), only the Appalachian National Scenic Trail 
has ever received significant appropriated funds for land 
acquisition (almost $230 million to date); the other trails 
have been protected by other methods, including state 
acquisition, cooperative agreements with landowners, and 
inclusion in other federally administered areas.
    H.R. 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 the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    This estimate is based on information provided by the 
National Park Service and the Forest Service, which administer 
most of the national trails affected by this bill.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt State, local, or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

                      NATIONAL TRAILS SYSTEM ACT

           *       *       *       *       *       *       *



             national scenic and national historical trails

  Sec. 5. (a) National scenic and national historic trails 
shall be authorized and designated only by Act of Congress. 
There are hereby established the following National Scenic and 
National Historic Trails:
  (1) * * *

           *       *       *       *       *       *       *

  (11) The Potomac Heritage National Scenic Trail, a corridor 
of approximately seven hundred and four miles following the 
route as generally depicted on the map identified as ``National 
Trails System, Proposed Potomac Heritage Trail'' in ``The 
Potomac Heritage Trail'', a report prepared by the Department 
of the Interior and dated December 1974, except that no 
designation of the trail shall be made in the State of West 
Virginia. The map shall be on file and available for public 
inspection in the office of the Director of the National Park 
Service, Washington, District of Columbia. The trail shall 
initally consist of only those segments of the corridor located 
within the exterior boundaries of federally administered areas. 
[No lands or interests therein outside the exterior] No lands 
or interest in lands outside of the exterior boundaries of any 
federally administered area may be acquired by the Federal 
Government for the Potomac Heritage Trail without the consent 
of the owner of the land or interest. The Secretary of the 
Interior may designate lands outside of federally administered 
areas as segments of the trail, only upon application from the 
States or local governmental agencies involved, if such 
segments meet the criteria established in this Act and are 
administered by such agencies without expenses to the United 
States. The trail shall be administered by the Secretary of the 
Interior.

           *       *       *       *       *       *       *

  (14) The Nez Perce National Historic Trail, a route of 
approximately eleven hundred and seventy miles extending from 
the vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain, 
Montana, as generally depicted in ``Nez Perce (Nee-Me-Poo) 
Trail Study Report'' prepared by the Department of Agriculture 
and dated March 1982. The report shall be on file and available 
for public inspection in the Office of the Chief of the Forest 
Service, Washington, District of Columbia. The trail shall be 
administered by the Secretary of Agriculture. [No lands or 
interests therein outside the exterior] No land or interest in 
land outside of the exterior boundaries of any federally 
administered area may be acquired by the Federal Government for 
the Nez Perce National Historic Trail without the consent of 
the owner of the land or interest. The Secretary of Agriculture 
may designate lands outside of federally administered areas as 
segments of the trail upon application from the States or local 
governmental agencies involved if such segments meet the 
criteria established in this Act and are administered by such 
agencies without expense to the United States. So that 
significant route segments and sites recognized as associated 
with the Nez Perce Trail may be distinguished by suitable 
markers, the Secretary of Agriculture is authorized to accept 
the donation of suitable markers for placement at appropriate 
locations. Any such markers associated with the Nez Perce Trail 
which are to be located on lands administered by any other 
department or agency of the United States may be placed on such 
lands only with the concurrence of the head of such department 
or agency.

           *       *       *       *       *       *       *


                    authorization of appropriations

  Sec. 10. (a) * * *

           *       *       *       *       *       *       *

  [(c)(1) There is hereby authorized to be appropriated such 
sums as may be necessary to implement the provisions of this 
Act relating to the trails designated by paragraphs 5(a) (3), 
(4), (5), (6), (7), (8), (9), and (10): Provided, That no such 
funds are authorized to be appropriated prior to October 1, 
1978: And provided further, That notwithstanding any other 
provisions of this Act or any other provisions of law, no funds 
may be expended by Federal agencies for the acquisition of 
lands or interests in lands outside the exterior boundaries of 
existing Federal areas for the Continental Divide National 
Scenic Trail, the North Country National Scenic Trail, The Ice 
Age National Scenic Trail, the Oregon National Historic Trail, 
the Mormon Pioneer National Historic trail, the Lewis and Clark 
National Historic Trail, and the Iditarod National Historic 
Trail, except that funds may be expended for the acquisition of 
lands or interests therein for the purpose of providing for one 
trail interpretation site, as described in section 7(c), along 
with such trail in each State crossed by the trail.]
  (c)(1) Notwithstanding any other provision of law (including 
any other provision of this Act), no funds may be expended by 
the Federal Government for the acquisition of any land or 
interest in land outside of the exterior boundaries of existing 
Federal lands for the Continental Divide National Scenic Trail, 
the North Country National Scenic Trail, the Ice Age National 
Scenic Trail, the Potomac Heritage National Scenic Trail, the 
Oregon National Historic Trail, the Mormon Pioneer National 
Historic Trail, the Nez Perce National Historic Trail, the 
Lewis and Clark National Historic Trail, or the Iditarod 
National Historic Trail, except with the consent of the owner 
of the land or interest. If the Federal Government fails to 
make payment in accordance with a contract for sale of land or 
an interest in land transferred under this paragraph, the 
seller may avail himself of all remedies available under all 
applicable law, including electing to void the sale.

           *       *       *       *       *       *       *


                                  
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