[Senate Report 107-26]
[From the U.S. Government Publishing Office]
Calendar No. 61
107th Congress Report
SENATE
1st Session 107-26
======================================================================
NATIONAL DISCOVERY TRAILS ACT OF 2001
_______
June 5, 2001.--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. 498]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 498) entitled ``National Discovery Trails
Act of 2001,'' having considered the same, reports favorably
thereon with amendments and an amendment to the title and
recommends that the bill, as amended, do pass.
The amendments are as follows:
1. On page 4, strike lines 1 through 10 and insert the
following:
``(1) by redesignating the second paragraph (21)
(relating to the Ala Kahakai National Historic Trail)
as paragraph (22); and
``(2) by adding at the end the following:''.
2. On page 4, line 11, strike ``(21)'' and insert in lieu
thereof ``(23)''.
3. Amend the title so as to read: ``A bill to amend the
National Trails System Act to include national discovery
trails, and to designate the American Discovery Trail, and for
other purposes''.
Purpose of the Measure
The purpose of S. 498 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 Hiking Society and Backpacker Magazine began
planning the American Discovery Trail (ADT) in 1989. The ADT
idea was a follow-up to a 1981 project called ``HikaNation''
when a group of hikers crossed the United States promoting new
and better trails.
Public Law 102-461, directed the Secretary of the interior
to determine the feasibility and desirability of designating
the American Discovery Trail (ADT) as a national trail. The
National Park Service was assigned the overall responsibility
for the study and worked with the Forest Service, Bureau of
Land Management and the American Hiking Society during the
study and planning process. It was during this process that the
idea for a new category of national trails first surfaced.
According to the study, the proposed ADT would take users
through extremely varied terrain including: towns, cities,
forests, mountains, deserts and seacoasts. The ADT would
traverse back roads, existing trails, paved bikeways and even
streets in large cites. It passes thousands of scenic, cultural
and historic sites and connects dozens of existing trails in 15
States and the District of Columbia. The trail would pass
through 14 units of the National Park System, 16 National
Forests and numerous State parks and forests aswell as numerous
local recreational areas.
The ADT would be continuous from coast-to-coast and would
connect 5 National Scenic Trails, 10 National Historic Trials
and 23 National Recreation Trails. The ADT would link the
nation's principal north-south trails and east-west historic
trails with shorter local and regional trials into a nationwide
network. It would roughly parallel US Route 50 and extend about
4,800 miles from Cape Henlopen, Delaware to Point Reyes,
California. However, between Cincinnati, Ohio and Denver,
Colorado, the trail would have both a southern and northern
route. (The northern route is 200 miles shorter, or about 4,600
miles long.) If both the southern route and the northern routes
are included in the calculation, the combined total length of
the trail is approximately 6,356 miles.
The trail is envisioned principally for hiking, although by
using the southern route, about 4,000 miles of the trail can be
traveled by bicycle. Some sections can be ridden on horseback.
However, there are places along the trail where one or both
would not be allowed.
The American Discovery Trail Society, a nationwide non-
profit organization, has been established for the purpose of
administering the ADT. It would coordinate the efforts of the
many local trail organizations who will be responsible for
maintaining the trail.
Legislative History
S. 498 was introduced by Senator Murkowski March 8, 2001.
During the 106th Congress, the Subcommittee on National Parks,
Historic Preservation, and Recreation held a hearing on an
identical bill, S. 734, on May 25, 1999. During the 106th
Congress the Committee considered and the Senate passed, S.
734. No further action was taken in the House of
Representatives on S. 734.
At its business meeting on May 16, 2001, the Committee on
Energy and Natural Resources ordered S. 498, favorably
reported, as amended.
Committee Recommendations
The Committee on Energy and Natural Resources, in open
business session on May 16, 2001, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 498, if
amended as described herein.
Committee Amendments
During the consideration of S. 498, the committee adopted
technical and clarifying amendments. The amendments clarify the
numbering of the American Discovery Trail designation to
reflect additions to the National Trails Act which were passed
during the 106th Congress.
Section-by-Section Analysis
Section 1 designates the bill's short title as the
``National Discovery Trails Act of 1999''.
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 Trail 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
support-based organization and have extensive local and
trailwide support by the public, user groups, and by affected
State and local governments.
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 to designate the ``American Discovery Trail'' as the
first National Discovery trial. 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 Trials System
Act by adding a new subsection which adds criteria and
direction on the completion of comprehensive management plans
for National Discovery Trials.
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.
S. 498--National Discovery Trails Act of 2001
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 498 would cost the federal
government about $2 million over the next five fiscal years.
Enacting S. 498 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.
S. 498 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). 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, S. 498 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 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 cost about $1
million over fiscal years 2002 and 2004. This one-time cost
would include amounts to develop the comprehensive management
plan and create exhibits and other interpretive materials. CBO
estimates that beginning in fiscal year 2005, the NPS would
spend between $0.4 million and $0.6 million annually to manage
and maintain the trail, depending on how much of this effort
would be borne by nonfederal entities such as volunteer
organizations or state and local governments. One-time costs
and subsequent annual costs would thus total about $2 million
over the 2002-2005 period, assuming appropriation of the
necessary amounts. This estimate is based on information
provided by the NPS.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, 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. 498.
The bill is not a regulatory measure in the sense of
imposing Government-established standards of 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. 498, as ordered reported.
Executive Communications
A legislative report was not requested on S. 498. The
testimony on S. 498, an identical bill, provided by a
representative of the National Park Service at the Parks
Historic Preservation, and Recreation Subcommittee hearing
during the 106th Congress 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.
734, the National Discovery Trails Act of 1999. We support
enactment of S. 734 if amended according to our testimony. 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. The ADT's
founders envisioned the trail to be the strong backbone of
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 of 1995, and submitted to
Congress last year. The 6000+ mile route of the ADT, as
described in this legislation and mapped in the feasibility
study, extends from Cape Henlopen State Park in Delaware to
Point Reyes National Seashore in California. The ADT crosses
the states of Nevada, Utah, Colorado, Nebraska, Kansas, Iowa,
Missouri, Illinois, Indiana, Ohio, a bit a 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. 734 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 that 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 case, 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 non-profit 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. 734, 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.
Trail 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
administraters 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 $750,000 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 out-year budget estimates. Establishment
of this new trail, even if authorized by Congress, would be
contingent on Administration priorities and available
resources.
Amendment.--Based on 20 years' experience administering
national trails, we recommend a number of amendments to S. 734
to provide clarity and consistency. We are particularly
concerned about language in two 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 one of these places, (On page 7,
line 5, strike the sentences beginning with ``Nothing in this
Act * * *'' through line 12 of page 7) and would like to work
with the committee on alternative language for the second (On
page 5, line 9, strike the sentence beginning with ``No lands *
* *'').
In addition, we have a number of clarifying and technical
amendments to S. 734, which we believe would help meet the
Administration's objectives in establishing this new category
of trails. These amendments are attached to the testimony.
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 technical and clarifying amendments to
s. 734
1. On page 5, line 13, 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 7(e) authorizes acceptance of
donations and collaboration through cooperative agreements, and
7(f) authorizes land exchanges to protect national trails.
2. On page 5, line 21, after the word ``trail,'' strike all
through ``trail,'' on line 2 of page 6 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.
3. On page 6, line 7 strike everything after ``trail''
through line 8 and insert ``does not conflict with existing
agency direction and''. This language provides some clarity to
the authority.
4. On page 7, lines 1-3, strike ``by the volunteer-based
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. 498, 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, within scenic 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 trails 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 trails 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 trails 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 an
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:
* * * * * * *
(22) Ala kahakai national historic trail.--
(A) In general.--The Ala Kahakai National
Historic Trail (the Trail by the Sea), a 175
mile long trail extending from ``Upolu on the
north tip of Hawaii Island down the west coast
of the island around Ka Lae to the east
boundary of Hawaii Volcanoes National Park at
the ancient shoreline temple known as
``Waha'ula'', as generally depicted on the map
entitled ``Ala Kahakai Trail'', contained in
the report prepared pursuant to subsection (b)
entitled ``Ala Kahakai Trail Study and
Environmental Impact Statement'', dated January
1998.
(B) Map.--A map generally depicting the trail
shall be on file and available for public
inspection in the Office of the National Park
Service, Department of the Interior.
(C) Administration.--The trail shall be
administered by the Secretary of the Interior.
(D) Land acquisition.--No land or interest in
land outside the exterior boundaries of any
federally administered area may be acquired by
the United States for the trail except with the
consent of the owner of the land or interest in
land.
(E) Public participation; consultation.--The
Secretary of the Interior shall--
(i) encourage communities and owners
of land along the trail, native
Hawaiians, and volunteer groups to
participate in the planning,
development, and maintenance of the
trail; and
(ii) consult with affected Federal,
State, and local agencies, native
Hawaiian groups, and landowners in the
administration of the trail.
(23) 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), 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 and 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 affected 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 appropriate Secretary shall submit a comprehensive plan for
the protection, management, development, and use 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 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 Train 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 trails 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 made to 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 landownersor 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 or 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 appropriate 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 trailshall 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 of local governments fail to enter into such written
cooperative agreements or to acquire such lands or interests 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 or Historic 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: (1) 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 of 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
cost 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 into 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 a
federally administered area. Such agreements may include
provisions for limited financial assistance to encourage
participation in the acquisition, protection, operation,
development, or maintenance of such trails, provisions
providing volunteers in the park or volunteers 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 fine 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.