[Senate Report 108-95]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 203
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-95

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



 
               NATIONAL TRAILS SYSTEM WILLING SELLER ACT

                                _______
                                

                 July 11, 2003.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 651]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 651) to amend the National Trails System 
Act to clarify Federal authority relating to land acquisition 
from willing sellers for the majority of the trails in the 
System, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as ``National Trails System Willing Seller 
Act''.

SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN 
                    TRAILS.

    (a) Oregon National Historic Trail.--Section 5(a)(3) of the 
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding 
at the end the following: ``No lands or interests therein outside the 
exterior boundaries of any Federally administered area may be acquired 
by the Federal government for the trail except with the consent of the 
owner thereof. The authority of the Federal government to acquire fee 
title under this paragraph shall be limited to an average of not more 
than one-quarter miles on either side of the trail.''.
    (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the 
National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding 
at the end the following: ``No lands or interests therein outside the 
exterior boundaries of any Federally administered area may be acquired 
by the Federal government for the trail except with the consent of the 
owner thereof. The authority of the Federal government to acquire fee 
title under this paragraph shall be limited to an average of not more 
than one-quarter mile on either side of the trail.''.
    (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of 
the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by 
adding at the end the following: ``No lands or interests therein 
outside the exterior boundaries of any Federally administered area may 
be acquired by the Federal government for the trail except with the 
consent of the owner thereof. The authority of the Federal government 
to acquire fee title under this paragraph shall be limited to an 
average of not more than one-quarter mile on either side of the 
trail.''.
    (d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of 
the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by 
adding at the end the following: ``No lands or interests therein 
outside the exterior boundaries of any Federally administered area may 
be acquired by the Federal government for the trail except with the 
consent of the owner thereof. The authority of the Federal government 
to acquire fee title under this paragraph shall be limited to an 
average of not more than one-quarter mile on either side of the 
trail.''.
    (e) Iditarod National Historic Trail.--Section 5(a)(7) of the 
National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding 
at the end the following: ``No lands or interests therein outside the 
exterior boundaries of any Federally administered area may be acquired 
by the Federal government for the trail except with the consent of the 
owner thereof. The authority of the Federal government for the trail 
except with the consent of the owner thereof. The authority of the 
Federal government to acquire fee title under this paragraph shall be 
limited to an average of not more than one-quarter mile on either side 
of the trail.''.
    (f) North Country National Scenic Trail.--Section 5(a)(8) of the 
National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding 
at the end the following: ``No lands or interests therein outside the 
exterior boundaries of any Federally administered area may be acquired 
by the Federal government for the trail except with the consent of the 
owner thereof.''.
    (g) Ice Age National Scenic Trail.--Section 5(a)(10) of the 
National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding 
at the end the following: ``No lands or interests therein outside 
exterior boundaries of any Federally administered area may be acquired 
by the Federal government for the trail except with the consent of the 
owner thereof.''.
    (h) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of 
the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended by 
adding at the end the following: ``No lands or interests therein 
outside the exterior boundaries of any Federally administered area may 
be acquired by the Federal government for the trail except with the 
consent of the owner thereof.''.
    (i) Nez Perce National Historic Trail.--Section 5(a)(14) of the 
National Trails System Act (16 U.S.C. 1244(a)(14)) is amended by adding 
at the end the following: ``No lands or interests therein outside the 
exterior boundaries of any Federally administered area may be acquired 
by the Federal government for the trail except with the consent of the 
owner thereof. The authority of the Federal government to acquire fee 
title under this paragraph shall be limited to an average of not more 
than one-quarter mile on either side of the trail.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 10(c) of the National Trails System Act (16 U.S.C. 1249(c)) 
is amended to read as follows:
    ``(c)(1) Except as otherwise provided in this Act, there is 
authorized to be appropriated such sums as may be necessary to 
implement the provisions of this Act relating to the trails designated 
by section 5(a).
    ``(2) Not more than $500,000 may be appropriated for the purposes 
of land acquisition and interest therein for the Natchez Trace National 
Scenic Trail designated by section 5(a)(12) of this Act, and not more 
than $2,000,000 may be appropriated for the purposes of the development 
of such trail. The administering agency for the trail shall encourage 
volunteer trail groups to participate in the development of the 
trail.''.

                         Purpose of the Measure

    The purpose of S. 651, as ordered reported, is to amend the 
National Trails System Act to authorize the Federal Government 
to acquire lands and interest in lands of nine units of the 
National Trails System that presently lack such authority.

                          Background and Need

    Congress enacted the National Trails System Act in 1968 to 
provide for the increasing outdoor recreation needs and to 
promote the preservation of outdoor areas and historic 
resources of the Nation by instituting a national system of 
recreation, scenic and historic trails.
    Most of the 22 national and scenic trails in the system 
provide for Federal acquisition authority to complete the 
trails, in many cases from willing sellers only. There is no 
existing Federal acquisition authority, however, for nine of 
the trails.
    In the absence of willing seller acquisition authority, 
Federal trail managers are unable to purchase lands or 
easements to protect trails when development threatens 
important links in the landscapes of the national scenic or 
historic trails. In some cases, sections of the trails can be 
moved from roads and critical historic sites can be preserved 
through willing seller authority.

                          Legislative History

    S. 651 was introduced by Senators Allard and Levin on March 
18, 2003. Similar legislation, S. 324, was introduced by 
Senator Levin on February 6, 2003. The Subcommittee on National 
Parks held a hearing on S. 651 and S. 324 on May 6, 2003. 
During the 107th Congress, the Committee considered similar 
legislation, S. 1069 sponsored by Senators Levin and others. 
Companion legislation, H.R. 834, introduced by Representative 
McInnis, and passed the House of Representatives by a vote of 
409-3 on March 13, 2001. The Subcommittee on National Parks 
held a hearing on S. 1069 and H.R. 834 on March 7, 2002. At the 
business meeting on July 31, 2002, the Committee on Energy and 
Natural Resources ordered S. 1069, as amended, favorably 
reported. The text of S. 1069, as reported, was adopted as an 
amendment to H.R. 37, an unrelated trail measure. H.R. 37 
passed the Senate by unanimous consent on November 20, 2002.
    At the business meeting on June 25, 2003, the Committee on 
Energy and Natural Resources ordered S. 651, as amended, 
favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 25, 2003, by a majority vote of a 
quorum present, recommends that the Senate pass S. 651, if 
amended as described herein. Senators Thomas, Craig, and Kyl 
requested that they be recorded as voting in thenegative on the 
measure.

                          Committee Amendments

    During the consideration of S. 651, the Committee adopted 
an amendment in the nature of a substitute. The amendment: 
deletes congressional findings; with respect to six of the 
trails, limits fee acquisition to one-quarter mile on either 
side of the trail; and makes other clarifying and technical 
changes. The amendment is explained in detail in the section-
by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``National Trails 
System Willing Seller Act.''
    Section 2 amends section 5(a) of the National Trails System 
Act (16 U.S.C. 1244(a)) to provide the authority to acquire 
lands from willing sellers for the North Country National 
Scenic Trail, Ice Age National Scenic Trail, and Potomac 
Heritage National Scenic Trail. This section also provides 
willing seller authority, but limits fee acquisition authority 
to one-quarter mile on either side of the trail for the Oregon 
National Historic Trail, Mormon Pioneer National Historic 
Trail, Continental Divide National Scenic Trail, Lewis and 
Clark National Historic Trail, Iditarod National Historic 
Trail, and Nez Perce National Historic Trail.
    The Committee recognizes that some landowners are concerned 
that, if they sell an easement to the Federal Government for a 
national scenic or historic trail, they might later be held 
personally liable for injuries to persons using the trail. The 
Committee does not believe that should be the case. It is well 
settled that where a landowner sells an easement to another, 
the owner of the easement, rather than the owner of the 
underlying estate, is responsible for maintaining the easement 
in a safe condition. It is equally well settled that abutting 
landowners are not liable to trespassers who wander off the 
easement and injure themselves on abutting lands.
    The Committee has addressed these concerns before, when it 
amended the National Trails System Act in 1983. Section 7 of 
the Act, as amended in 1983, directs the Secretaries of the 
Interior and Agriculture to work with the States to develop 
``appropriate measures to protect landowners from trespass 
resulting from trail use and from unreasonable personal 
liability and property damage caused by trail use.'' Most 
States now have recreational use statutes that protect 
landowners from liability for injuries not only to trespassers, 
but those who use private land for recreational purposes with 
the landowner's permission.
    The Committee expects the Secretaries of the Interior and 
Agriculture to use their existing authorities to protect 
willing sellers of less than all of their land from trespass by 
persons using national scenic and historic trails and to ensure 
that they are adequately protected from unreasonable personal 
liability and property damage caused by trail use. The 
Secretaries may include appropriate terms and conditions 
addressing these concerns in their agreements with willing 
sellers.
    The Committee is also aware that some property owners have 
expressed concerns over continued use of remaining property. 
That is an issue that the Committee expects the property owner 
and the Secretary to resolve as part of the negotiations. There 
is nothing in the Act that limits a landowner from retaining 
rights of access or other rights if agreeable to the Secretary. 
Concerns that a Secretary may use a limited acquisition as a 
basis for attempts to regulate activities on adjacent property 
are equally unfounded. Ultimately, of course, landowners may 
refuse to sell if their concerns about trespass and liability 
as well as continued use and enjoyment of their property remain 
unanswered.
    Section 3 amends section 10(c) of the National Trails 
System Act (16 U.S.C. 1249(c)) to authorize such sums as may be 
necessary to implement the provisions of this Act relating to 
the trails designated by section 5(a) and sets limits on 
appropriations for the Natchez Trace National Scenic Trail.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 1, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 651, the National 
Trails System Willing Seller Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 651--National Trails System Willing Seller Act

    S. 651 would amend the National Trails System Act to allow 
the federal government to purchase land from willing sellers 
for nine of the 23 national trails currently in the system. 
Under current law, federal agencies are not authorized to spend 
funds to acquire land for these nine trails that is outside of 
existing federal areas such as national forests or parks. (An 
exception to this prohibition is that one site in each state 
crossed by each trail may be acquired for an interpretive 
site.)
    The costs of implementing S. 651 are uncertain because the 
federal agencies that administer the national trails have not 
completed land protection plans for most of the trails that 
would be affected by the legislation. CBO expects that 
relatively little land along the nearly 19,000 miles composing 
the nine trails would be acquired because most land can 
probably be protected in other ways, as it is for most other 
trails in the system. Under the bill, total acquisition costs 
could be significant, however, because some of the longest 
trails would probably require large areas to be purchased. For 
example, land acquisition for multistate trails such as the 
3,200-mile North Country National Scenic Trail could cost over 
$100 million, assuming appropriation of the necessary amounts. 
For some of the shorter trails, costs would be much lower. For 
example, trails located primarily on state or federal lands, 
such as the Iditarod National Historic Trail in Alaska, would 
probably require few or no purchases. In any case, all 
acquisition funding would be subject to the appropriation of 
the necessary amounts and would be spend over a period of 
several years. This estimate is based on information provided 
by the National Park Service and the Forest Service, which 
administer most of the national trails affected by the bill.
    Of the other 14 existing national trails (not covered by 
this legislation), only the Appalachian National Scenic Trail 
has ever received significant appropriated funds for land 
acquisition (almost $230 million to date); other trails have 
been protected by other methods, including state acquisition, 
cooperative agreements with landowners, and inclusion in other 
federally administered areas.
    S. 651 would not affect direct spending or revenues. 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.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Paul R. Cullinan, Chief for the 
Human Resources Estimates Unit of the Budget Analysis Division.

                      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. 651. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 651, as ordered reported.

                        Executive Communications

    On May 12, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 651. These reports 
had not been received at the time the report on S. 651 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

    Statement by D. Thomas Ross, Assistant Director, Recreation and 
    Conservation, National Park Service, Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today to present the 
Department's views on S. 651, the National Trails System 
Willing Seller Act. S. 651 would amend the National Trails 
System Act to provide land acquisition authority from willing 
sellers, but specifically exclude the use of condemnation, for 
nine national scenic and national historic trails established 
between 1978 and 1986.
    The Department supports the 23 long-distance trails, 15 
national historic trails, 8 scenic trails, and 900 national 
recreation trails that make up the approximately 50,000 miles 
of trails in the National Trails System. National trails are a 
popular way of linking together thousands of significant 
historic sites and drawing attention to local cultural and 
natural resources. This network of trails has provided millions 
of visitors across the country with rewarding and enjoyable 
outdoor experiences. Thousands of volunteers each year work 
tirelessly to plan promote, build, maintain and otherwise care 
for these trails.
    Trails can provide an important opportunity to promote 
citizen involvement and bring together communities. It is this 
type of opportunity that is at the center of the Department's 
plan to implement a new environmentalism and what Secretary 
Norton has termed the ``Four C's''--Communication, 
Consultation, and Cooperation, all in the service of 
Conservation. The focus of the Four C's is the belief that 
enduring conservation springs from partnerships involving the 
people who live on, work on, and love the land. One example of 
this version is the Secretary's Cooperative Conservation 
Initiative (CCI), which builds on existing conservation 
partnership programs and provides new and expanded 
opportunities for landowners, land managers, and others to 
participate in projects that foster innovation and create 
incentives for stewardship.
    Consistent with this version, we have developed a set of 
principles that will serve as an important guide for all land 
transactions conducted by the Department. The principles 
include:
    1. Integrity: Transactions shall meet the highest ethical 
standards and comply with all applicable laws, rules, 
regulations and codes of professional conduct.
    2. Good Faith: Transactions shall occur in good faith and 
only with willing parties.
    3. Transparency: Transactions shall be pursued 
transparently with appropriate opportunities for public 
participation.
    4. Mission: Transactions shall promote fulfillment of 
Departmental and Bureau missions.
    5. Citizen Stewardship: Transactions shall be consistent 
with the promotion of private stewardship.
    6. Innovation: Transactions shall employ easements, 
donations and other alternatives to fee title when appropriate.
    7. Congressional Direction: The Department shall provide 
technical assistance and policy recommendations to Congress, 
when requested, and in a manner consistent with these 
principles.
    Within this framework, the Department recognizes the 
positive role the Federal government could play in the 
protection of these trails with the authority provided under S. 
651. For example, landowners wishing to donate land cannot do 
so under current law because the prohibition on using funds to 
acquire lands has meant that activities required for a donation 
to occur, such as land protection plans or pre-acquisition 
services (surveys, tract maps, inventories, priority lists), 
also cannot be funded. The current prohibition also applies to 
the acquisition of interest in lands, and thus, the Federal 
government cannot purchase easements from interested 
landowners. It is paramount that we work closely with private 
landowners, the community, private volunteer groups, and State 
and local governments to discover creative solutions for trail 
protection that may not result in fee simple acquisition. To 
ensure that such alternative solutions are fully explored, we 
have provided a proposed amendment at the end of this 
testimony.
    In addition to the considerations in our proposed 
amendment, we understand that several additional steps would 
have to occur before purchase of a trail segment from a willing 
seller occurs including: developing a land protection plan; 
undergoing a public reviews process; and requesting, obtaining 
and prioritizing appropriate funding.
    The National Trails System Act was initially developed by 
Congress principally to offer Federal assistance and support 
for protecting the land base of the Appalachian National Scenic 
Trail. When the act was passed in 1968, both the previously 
existing Appalachian and Pacific Crest National Scenic Trails 
were established as the two initial components of the National 
Trails System and 14 more trails were proposed for study as 
potential additions to the National Trail System. The core 
authorities of the act addressed how to establish nationally 
significant trails.
    In 1978, the national historic trails category was added to 
the National Trails System accompanied by authorization of four 
historic trails (Oregon, Mormon Pioneer, Lewis and Clark, and 
Iditarod). National historic trails were seen as primarily 
commemorative with only limited need for acquisition authority. 
Amendments added to the National Trails System Act prohibited 
expenditures by Federal agencies to acquire lands or interests 
in lands for these trails outside of existing Federal areas. 
Amendments added in 1980 and 1983 made this prohibition 
applicable to the Continental Divide National Scenic Trail, as 
well as to the North Country, Ice Age, and Potomac Heritage 
National Scientific Scenic Trails. This means the generic land 
acquisition authorities provided in Section 7 of the National 
Trails System Act cannot be used on any of these scenic and 
historic trails.
    Since 1983, most of the trails established under the 
National Trails System Act have had language similar to the 
following sentence: ``No lands or interests therein outside the 
exterior boundaries of any federally administered area may be 
acquired by the United States for the Pony Express National 
Historic Trail except with the consent of the owner thereof.'' 
This ``willing seller authority'' falls somewhere between the 
full land acquisition authority used to protect the Appalachian 
and Pacific Crest National Scenic Trails and the ban on Federal 
funding for acquiring segments that fall outside of national 
parks and forests on the nine trails included in this bill.
    From its beginning, the National Trails System was premised 
on the establishment, operation, and maintenance of national 
trails as collaborative partnership efforts. For land 
protection, specifically, state governments and nonprofit 
partners are encouraged to protect what they can of the 
national trails, with the Federal government embarking on land 
acquisition only as a last resort. For example, in Wisconsin, 
an arrangement was set up for the Ice Age National Scenic Trail 
under which the State of Wisconsin took the lead in acquiring 
trail lands, with support from the Ice Age Park and Trail 
Foundation and coordination by the National Park Service. 
Further, trail nonprofit partners have been encouraged to 
develop land trusts to acquire critical lands. This bill is 
supported by a broad coalition of trail organizations across 
America.
    Along historic trails, the major means of protecting the 
trail corridor has been through a voluntary certification 
process. These five-year renewable agreements between the 
Federal Trail agency and the landowner have enabled trail sites 
and segments to remain in private ownership and still receive 
Federal government as part of a national trail. The advantages 
to certification are that it is less costly for the government 
and the land remains in private (or State) ownership, 
continuing to generate taxes.
    It would be impossible to estimate funding requirements 
associated with this bill at the time, as the number of willing 
sellers is unknown, whether donation, easements, of fee simple 
acquisition would be employed is unknown, and the cost of the 
land segments for each trail would vary due to geographic 
location and the long time span over which the acquisition work 
would take place. The Administration will identify the costs 
for each trail on a case-by-case basis.
    By bringing the land acquisition authority on these nine 
trails in line with those in the majority of national scenic 
and national historic trails in the National Trail System, S. 
651 would allow the Federal government to assist in the 
protection of these trails, through donation, easements, and, 
as a last reserve resort, fee simple acquisition from 
landowners actively interested in selling land for trail 
protection.
    Mr. Chairman, this concludes my prepared testimony. I would 
be happy to answer any questions you or your committee may 
have.

                           Proposed Amendment

    On p. 4, line 3, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall employ 
easements, donations, and other alternatives to fee title when 
appropriate.''
    On p. 4, line 10, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall employ 
easements, donations, and other alternatives to fee title when 
appropriate.''
    On p. 4, line 17, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall employ 
easements, donations, and other alternatives to fee title when 
appropriate.''
    On p. 4, line 24, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall employ 
easements, donations, and other alternatives to fee title when 
appropriate.''
    On p. 5, line 7, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall 
employee easements, donations, and other alternatives to fee 
title when appropriate.''
    On p. 5, line 14, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall 
employee easements, donations, and other alternatives to fee 
title when appropriate.''
    On p. 5, line 21. after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall 
employee easements, donations, and other alternatives to fee 
title when appropriate.''
    On p. 6, line 2, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall 
employee easements, donations, and other alternatives to fee 
title when appropriate.''
    On p. 6, line 7, after ``thereof.'' insert ``In acquiring 
lands or interests therein, the Federal Government shall 
employee easements, donations, and other alternatives to fee 
title when appropriate.''

           MINORITY VIEWS OF SENATORS THOMAS, CRAIG, AND KYL

    On June 25, 2003, the Committee considered and passed S. 
651, the ``National Trails System Willing Seller Act.'' 
Although we believe the bill authors constructed this measure 
with meritorious intentions, we have concerns about the 
unintended impacts from implementation of this legislation and 
the structure of S. 651 as approved by the Committee.
    We are avid supporters of the national trails system as 
well as public access and recreation on federal land. However, 
we are also extremely concerned with maintaining private 
landowners' rights to preserve their use and future enjoyment 
of their property.
    The locations where trail proponents are seeking to acquire 
easements, rights-of-way and fee-title interests involve lands 
that have traditionally supported agriculture, timber and 
mineral extraction. These adjacent private landowners are not 
only dependent on federal lands to access their own property; 
they also utilize public lands for grazing and sub-surface 
resource development. Determining the applicable management 
tools for trails and other uses poses substantial impacts for 
all lands. Directives developed under the guise of view-shed or 
other types of protection could unduly harm and restrict the 
rights and future enjoyment of private resources.
    We appreciate the Committee's efforts to improve the bill 
by limiting acquisition authority for the nine trails discussed 
in S. 651 to one-quarter mile and expressing the views about 
use through Report language. However, the exclusion of 
legislative language to protect future resource development and 
access to private lands related to the trails forces us to 
oppose the legislation in its current form.

                                   Craig Thomas.
                                   Larry E. Craig.
                                   Jon Kyl.

                        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. 651, 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):

                     A. NATIONAL TRAILS SYSTEM ACT


             (Public Law 90-543; Approved October 2, 1968)


  AN ACT To establish a national trails system, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              SHORT TITLE

    Section 1. This Act may be cited as the ``National Trails 
System Act''.

           *       *       *       *       *       *       *


             NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS

    Sec. 5. (a) National scenic and national historic trails 
shall be authorized and designated only by Act of Congress. 
There are hereby established the following National Scenic and 
National Historic Trails:
          (1) * * *
          (3) The Oregon National Historic Trail, a route of 
        approximately two thousand miles extending from near 
        Independence, Missouri, to the vicinity of Portland, 
        Oregon, following a route as depicted on maps 
        identified as ``Primary Route of the Oregon Trail 1841-
        1848'', in the Department of the Interior's Oregon 
        Trail study report dated April 1977, and which shall be 
        on file and available for public inspection in the 
        office of the Director of the National Park Service. 
        The trail shall be administered by the Secretary of the 
        Interior, No lands or interests therein outside the 
        exterior boundaries of any Federally administered area 
        may be acquired by the Federal government for the trail 
        except with the consent of the owner thereof. The 
        authority of the Federal government to acquire fee 
        title under this paragraph shall be limited to an 
        average of not more than one-quarter mile on either 
        side of the trail.
          (4) The Mormon Pioneer National Historic Trail, a 
        route of approximately one thousand three hundred miles 
        extending from Nauvoo, Illinois, to Salt Lake City, 
        Utah, following the primary historical route of the 
        Mormon Trail as generally depicted on a map, identified 
        as ``Mormon Trail Vicinity Map, figure 2'' in the 
        Department of the Interior Mormon Trail study report 
        dated March 1977, and which shall be on file and 
        available for public inspection in the office of the 
        Director, National Park Service, Washington, D.C. The 
        trail shall be administered by the Secretary of the 
        Interior. No lands or interests therein outside the 
        exterior boundaries of any Federally administered area 
        may be acquired by the Federal government for the trail 
        except with the consent of the owner thereof. The 
        authority of the Federal government to acquire fee 
        title under this paragraph shall be limited to an 
        average of not more than one-quarter mile on either 
        side of the trail.
          (5) The Continental Divide National Scenic Trail, a 
        trail of approximately thirty-one hundred miles, 
        extending from the Montana-Canada border to the New 
        Mexico-Mexico border, following the approximate route 
        depicted on the map, identified as ``Proposed 
        ContinentalDivide National Scenic Trail'' in the 
Department of the Interior Continental Divide Trail study report dated 
March 1977 and which shall be on file and available for public 
inspection in the office of the Chief, Forest Service, Washington, D.C. 
The Continental Divide National Scenic Trail shall be administered by 
the Secretary of Agriculture in consultation with the Secretary of the 
Interior. Notwithstanding the provisions of section 1246(c) of this 
title, the use of motorized vehicles on roads which will be designated 
segments of the Continental Divide National Scenic Trail shall be 
permitted in accordance with regulations prescribed by the appropriate 
Secretary. No lands or interests therein outside the exterior 
boundaries of any Federally administered area may be acquired by the 
Federal government for the trail except with the consent of the owner 
thereof. The authority of the Federal government to acquire fee title 
under this paragraph shall be limited to an average of not more than 
one-quarter mile on either side of the trail.
          (6) The Lewis and Clark National Historic Trail, a 
        trail of approximately three thousand seven hundred 
        miles, extending from Wood River, Illinois, to the 
        mouth of the Columbia River in Oregon, following the 
        outbound and inbound routes of the Lewis and Clark 
        Expedition depicted on maps identified as, ``Vicinity 
        Map, Lewis and Clark Trail'' study report dated April 
        1977. The map shall be on file and available for public 
        inspection in the office of the Director, National Park 
        Service, Washington, D.C. The trail shall be 
        administered by the Secretary of the Interior. No lands 
        or interests therein outside the exterior boundaries of 
        any Federally administered area may be acquired by the 
        Federal government for the trail except with the 
        consent of the owner thereof. The authority of the 
        Federal government to acquire fee title under this 
        paragraph shall be limited to an average of not more 
        than one-quarter mile on either side of the trail.
          (7)  The Iditarod National Historic Trail, a route of 
        approximately two thousand miles extending from Seward, 
        Alaska, to Nome, Alaska, following the routes as 
        depicted on maps identified as ``Seward-Nome Trail'', 
        in the Department of the Interior's study report 
        entitled ``The Iditarod Trail (Seward-Nome Route) and 
        other Alaskan Gold Rush Trails'' dated September 1977. 
        The map shall be on file and available for public 
        inspection in the office of the Director, National Park 
        Service, Washington, D.C. The trail shall be 
        administered by the Secretary of the Interior. No lands 
        or interests therein outside the exterior boundaries of 
        any Federally administered area may be acquired by the 
        Federal government for the trail except with the 
        consent of the owner thereof. The authority of the 
        Federal government to acquire fee title under this 
        paragraph shall be limited to an average of not more 
        than one-quarter mile on either side of the trail.
          (8) The North County National Scenic Trail, a trail 
        of approximately thirty-two hundred miles, extending 
        from eastern New York State to the vicinity of lake 
        Sakakawea in North Dakota, following the approximate 
        route depicted on the map identified as ``proposed 
        North Country Trail--Vicinity Map'' in the Department 
        of the Interior ``North County Trail Report'', dated 
        June 1975. The map shall be on file and available for 
        public inspection in the office of the Director, 
        National Park Service, Washington, District of 
        Columbia. The trail shall be administered by the 
        Secretary of the Interior. No lands or interests 
        therein outside the exterior boundaries of any 
        Federally administered area may be acquired by the 
        Federal government for the trail except with the 
        consent of the owner thereof.

           *       *       *       *       *       *       *

          (10) The Ice Age National Scenic Trail, a trail of 
        approximately one thousand miles, extending from Door 
        County, Wisconsin, to Interstate Park in Saint Croix 
        County, Wisconsin, generally following the route 
        described in ``On the Trail of the Ice Age--A Hiker's 
        and Biker's Guide to Wisconsin's Ice Age National 
        Scientific Reserve and Trail'', by Henry S. Reuss, 
        Member of Congress, dated 1980. The guide and maps 
        shall be on file and available for public inspection in 
        the Office of the Director, National Park Service, 
        Washington, District of Columbia. Overall 
        administration of the trail shall be the responsibility 
        of the Secretary of the Interior pursuant to subsection 
        (d) of this section. The State of Wisconsin, in 
        consultation with the Secretary of the Interior, may, 
        subject to the approval of the Secretary, prepare a 
        plan for the management of the trail which shall be 
        deemed to meet the requirements of subsection (e) of 
        this section. Notwithstanding the provisions of section 
        1246(c) of this title, snowmobile use may be permitted 
        on segments of the Ice Age National Scenic Trail where 
        deemed appropriate by the Secretary and the managing 
        authority responsible for the segment. No lands or 
        interests therein outside the exterior boundaries of 
        any Federally administered area may be acquired by the 
        Federal government for the trail except with the 
        consent of the owner thereof.
          (11) The Potomac Heritage National Scenic Trail, a 
        corridor of approximately seven hundred and four miles 
        following the route as generally depicted on the map 
        identified as ``National Trails System, Proposed 
        Potomac Heritage Trail'' in the ``The Potomac Heritage 
        Trail'', a report prepared by the Department of the 
        Interior and dated December 1974, except that no 
        designation of the trail shall be made in the State of 
        West Virginia. The map shall be on file and available 
        for public inspection in the office of the Director of 
        the National Park Service, Washington, District of 
        Columbia. The trail shall initially consist of only 
        those segments of the corridor located within the 
        exterior boundaries of federally administered areas. No 
        lands or interest therein outside of federally 
        administered areas as segments of the trail, only upon 
        application from the States or local governmental 
        agencies involved, if such segments meet the criteria 
        established in this chapter and are administered by 
        such agencies without expense to the United States. The 
        trail shall be administered by the Secretary of the 
        Interior. No lands or interests therein outside the 
        exterior boundaries of any Federally administered area 
        may be acquired by the Federal government for the trail 
        except with the consent of the owner thereof.

           *       *       *       *       *       *       *

          (14) The Nez Perce National Historic Trail, a route 
        of approximately eleven hundred and seventy miles 
        extending from the vicinity of Wallowa Lake, Oregon, to 
        Bear Paw Mountain, Montana, as generally depicted in 
        ``Nez Perce (Nee-Me-Poo) Trail Study Report'' prepared 
        by the Department of Agriculture and dated March 1982. 
        The report shall be on file and available for public 
        inspection in the Office of the Chief of the Forest 
        Service, Washington, District of Columbia. The trail 
        shall be administered by the Secretary of Agriculture. 
        No lands or interests therein outside the exterior 
        boundaries of any federally administered area may be 
        acquired by the Federal Government for the Nez Perce 
        National Historic Trail. The Secretary of Agriculture 
        may designate lands outside of federally administered 
        areas as segments of the trail upon application from 
        the States or local governmental agencies involved in 
        such segments meet the criteria established in this 
        chapter and are administered by such agencies without 
        expense to the United States. So that significant route 
        segments and sites recognized as associated with the 
        Nez Perce Trail may be distinguished by suitable 
        markers, the Secretary of Agriculture is authorized to 
        accept the donation of suitable markers for placement 
        at appropriate locations. Any such markers associated 
        with the Nez Perce Trail which are to be located on 
        lands administered by any other department or agency of 
        the United States may be placed on such lands only with 
        the concurrence of the head of such department or 
        agency. No lands or interests therein outside the 
        exterior boundaries of any Federally administered areas 
        may be acquired by the Federal government for the trail 
        except with the consent of the owner thereof. The 
        authority of the Federal government to acquire fee 
        title under this paragraph shall be limited to an 
        average of not more than one-quarter mile on either 
        side of the trail.

           *       *       *       *       *       *       *


                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 10. (a)(1) * * *

           *       *       *       *       *       *       *

    [(c)(1) There is hereby authorized to be appropriated such 
sums as may be necessary to implement the provisions of this 
chapter relating to the trails designated by section 
1244(a)(3), (4), (5), (6), (7), (8), (9), and (10) of this 
title: Provided, That no such funds are authorized to be 
appropriated prior to October 1, 1978: And provided further, 
That notwithstanding any other provisions of this chapter or 
any other provisions of law, no funds may be expended by 
Federal agencies for the acquisition of lands or interests in 
lands outside the exterior boundaries of existing Federal areas 
for the Continental Divide National Scenic Trail, the North 
Country National Scenic Trail, The Ice Age National Scenic 
Trail, the Oregon National Historic Trail, the Mormon Pioneer 
National Historic Trail, the Lewis and Clark National Historic 
Trail, and the Iditarod National Historic Trail, except that 
funds may be expended for the acquisition of lands or interests 
therein for the purpose of providing for one trail 
interpretation site, as described in section 1246(c) of this 
title, along with such trail in each State crossed by the 
trail.
    (2) Except as otherwise provided in this chapter, there is 
authorized to be appropriated such sums as may be necessary to 
implement the provisions of this charter relating to the trails 
designated by section 1244(a) of this title. Not more than 
$500,000 may be appropriated for the purposes of acquisition of 
land and interests therein for the trail designated by section 
1244(a)(12) of this title, and not more than $2,000,000 may be 
appropriated for the purposes of the development of such trail. 
The administering agency for the trail shall encourage 
volunteer trail groups to participate in the development of the 
trail.]
    (c)(1) Except as otherwise provided in this Act, there is 
authorized to be appropriated such sums as may be necessary to 
implement the provisions of this Act relating to the trails 
designated by section 5(a).
    (2) Not more than $500,000 may be appropriated for the 
purposes of land acquisition and interests therein for the 
Natchez Trace National Scenic Trail designated by section 
5(a)(12) of this Act, and not more than $2,000,000 may be 
appropriated for the purposes of the development of such trail. 
The administering agency for the trail shall encourage 
volunteer trail groups to participate in the development of the 
trail.

                                
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