[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.

                                
