[House Report 110-502]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-502

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



 
           NEW ENGLAND NATIONAL SCENIC TRAIL DESIGNATION ACT

                                _______
                                

 December 19, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1528]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1528) to amend the National Trails System Act to 
designate the New England National Scenic Trail, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``New England National Scenic Trail 
Designation Act''.

SEC. 2. AUTHORIZATION AND ADMINISTRATION.

  Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is 
amended by adding at the end the following:
          ``(__) New england national scenic trail.--The New England 
        National Scenic Trail, a continuous trail extending 
        approximately 220 miles from the border of New Hampshire in the 
        town of Royalston, Massachusetts to Long Island Sound in the 
        town of Guilford, Connecticut, as generally depicted on the map 
        titled `New England National Scenic Trail Proposed Route', 
        numbered T06-80,000, and dated October 2007. The map shall be 
        on file and available for public inspection in the appropriate 
        offices of the National Park Service. The Secretary of the 
        Interior, in cooperation with Federal, State, tribal, regional, 
        and local agencies, the Appalachian Mountain Club, the 
        Connecticut Forest and Park Association, and other 
        organizations, shall administer the trail consistent with the 
        recommendations of the draft report titled the `Metacomet 
        Monadnock Mattabesset Trail System National Scenic Trail 
        Feasibility Study and Environmental Assessment', prepared by 
        the National Park Service, and dated Spring 2006. The United 
        States shall not acquire for the trail any land or interest in 
        land without the consent of the owner.''.

SEC. 3. MANAGEMENT.

  The Secretary of the Interior (hereafter in this Act referred to as 
the ``Secretary'') shall use the Trail Management Blueprint described 
in the draft report titled the ``Metacomet Monadnock Mattabesett Trail 
System National Scenic Trail Feasibility Study and Environmental 
Assessment'', prepared by the National Park Service, and dated Spring 
2006, as the framework for management and administration of the New 
England National Scenic Trail. Additional or more detailed plans for 
administration, management, protection, access, maintenance, or 
development of the trail may be developed consistent with the Trail 
Management Blueprint, and as approved by the Secretary.

SEC. 4. COOPERATIVE AGREEMENTS.

  The Secretary is authorized to enter into cooperative agreements with 
the Commonwealth of Massachusetts (and its political subdivisions), the 
State of Connecticut (and its political subdivisions), the Appalachian 
Mountain Club, the Connecticut Forest and Park Association, and other 
regional, local, and private organizations deemed necessary and 
desirable to accomplish cooperative trail administrative, management, 
and protection objectives consistent with the Trail Management 
Blueprint. An agreement under this section may include provisions for 
limited financial assistance to encourage participation in the 
planning, acquisition, protection, operation, development, or 
maintenance of the trail.

SEC. 5. ADDITIONAL TRAIL SEGMENTS.

  Pursuant to section 6 of the National Trails System Act, the 
Secretary is encouraged to work with the State of New Hampshire and 
appropriate local and private organizations to include that portion of 
the Metacomet-Monadnock Trail in New Hampshire (which lies between 
Royalston, Massachusetts and Jaffrey, New Hampshire) as a component of 
the New England National Scenic Trail. Inclusion of this segment, as 
well as other potential side or connecting trails, is contingent upon 
written application to the Secretary by appropriate State and local 
jurisdictions and a finding by the Secretary that trail management and 
administration is consistent with the Trail Management Blueprint.

                          Purpose of the Bill

    The purpose of H.R. 1528 is to amend the National Trails 
System Act to designate the New England National Scenic Trail.

                  Background and Need for Legislation

    H.R. 1528 amends the National Trails System Act (16 U.S.C. 
1241-1251) to designate most of the Metacomet-Monadnock-
Mattabesett (MMM) Trail System as the New England National 
Scenic Trail. The MMM Trail System is a 190-mile trail route, 
in existence for over half a century, which extends from the 
Massachusetts border with New Hampshire through western 
Massachusetts and Connecticut toward Long Island Sound.
    The National Trails System Act of 1968 instituted a 
national system of historic, scenic, and recreation trails. 
National Scenic Trails are extended trails ``so located as to 
provide maximum outdoor recreation potential, and for the 
conservation and enjoyment of nationally significant scenic, 
historic, natural, or cultural qualities of areas through which 
such trails may pass.''
    The Metacomet-Monadnock-Mattabesset Trail Study Act of 2002 
(Public Law 107-338) directed the Secretary of the Interior to 
study this trail system for potential addition to the National 
Trails System. A Draft National Scenic Trail Feasibility Study 
and Environmental Assessment were completed in Spring 2006, and 
are currently under final review by the Department of the 
Interior. No major changes in the study are anticipated.
    The draft study found that the MMM Trail System hosts an 
array of scenic features, classic New England landscapes, and 
historic sites. The preferred alternative of the study calls 
for the establishment of the New England National Scenic Trail 
to incorporate most of the MMM Trail system, adjusted by some 
reroutes and proposed extensions, for a total proposed length 
of approximately 220 miles.

                            Committee Action

    H.R. 1528 was introduced on March 14, 2007 by 
Representative John Olver (D-MA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
May 15, 2007, the Subcommittee held a hearing on the bill. On 
October 10, 2007, the Subcommittee was discharged from further 
consideration of the legislation and the Full Natural Resources 
Committee met to consider the bill. Representative Raul 
Grijalva (D-AZ) offered an amendment to provide a new map for 
the series of maps referred to in the bill. The amendment was 
adopted by voice vote. Representative Rob Bishop (R-UT) offered 
an amendment that would make all designated and future 
designated lands within the New England National Scenic Trail, 
including all federal lands, exclusively governed by relevant 
state and local laws regarding hunting, fishing and the 
possession or use of a weapon, trap or net. The amendment was 
not adopted by a rollcall vote of 10 to 16, as follows:


    The bill as amended was then ordered favorably reported to 
the House of Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 entitles the bill the ``New England National 
Scenic Trail Designation Act.''

Section 2. Authorization and administration

    Section 2 amends Section 5(a) of the National Trails System 
Act (16 U.S.C. 1244(a)) by adding the New England National 
Scenic Trail to the list of designated National Scenic Trails. 
Section 2 includes a description of the trail to be designated 
as well as a reference to the map of the proposed route. 
Section 2 also requires that the Secretary of the Interior, in 
cooperation with federal, state, tribal, regional, and local 
agencies, the Appalachian Mountain Club, the Connecticut Forest 
and Park Association, and other organizations, administer the 
trail consistent with the recommendations of the draft report 
titled ``Metacomet Monadnock Mattabesset Trail System National 
Scenic Trail Feasibility Study and Environmental Assessment,'' 
prepared by the National Park Service and dated Spring 2006. 
Finally, Section 2 prohibits the United States from acquiring 
for the trail any land or interest in land without the consent 
of the owner.

Section 3. Management

    This section requires that the Secretary of the Interior 
use the Trail Management Blueprint described in the draft 
report titled ``Metacomet Monadnock Mattabesset Trail System 
National Scenic Trail Feasibility Study and Environmental 
Assessment,'' prepared by the National Park Service and dated 
Spring 2006, as the framework for management and administration 
of the New England National Scenic Trail.

Section 4. Cooperative agreements

    Section 4 provides authorization, which is also included in 
the National Trails System Act, for the Secretary of the 
Interior to enter into cooperative agreements to accomplish 
cooperative trail administrative, management, and protection 
objectives consistent with the Trail Management Blueprint. 
Cooperative agreements under this section may include 
provisions for limited financial assistance.

Section 5. Additional trail segments

    Section 5 encourages the Secretary of the Interior, 
pursuant to Section 6 of the National Trails System Act, to 
work with the State of New Hampshire and others to include that 
portion of the Metacomet-Monadnock Trail in New Hampshire as a 
component of the New England National Scenic Trail.

            Committee Oversight Findings and Recommendations

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

                   Constitutional Authority Statement

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

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1528--New England National Scenic Trail Designation Act

    H.R. 1528 would amend the National Trails System Act to 
designate approximately 220 miles of trail from Long Island 
Sound in Connecticut to the New Hampshire-Massachusetts border 
as a scenic trail in the National Trails System. The route 
would include portions of the existing Mattabesett, Metacomet, 
and Metacomet-Monadnock trails. There are no federal lands 
associated with the proposed route. The National Park Service 
(NPS) would administer the trail and coordinate the efforts of 
public and private entities on trail administration, planning, 
development, and maintenance. All activities would be carried 
out in accordance with the Trail Management Blueprint, prepared 
as part of the feasibility study for the trail.
    Based on information provided by the NPS and assuming the 
availability of appropriated funds, CBO estimates that 
establishing and administering the proposed scenic trail would 
cost about $2 million over the 2008-2012 period. Of this 
amount, we estimate that the NPS would spend about $300,000 
annually for administrative and maintenance costs, including 
additional personnel.
    H.R. 1528 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1528 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

NATIONAL TRAILS SYSTEM ACT

           *       *       *       *       *       *       *


             NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS

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

           *       *       *       *       *       *       *

  (----) New england national scenic trail.--The New England 
National Scenic Trail, a continuous trail extending 
approximately 220 miles from the border of New Hampshire in the 
town of Royalston, Massachusetts to Long Island Sound in the 
town of Guilford, Connecticut, as generally depicted on the map 
titled ``New England National Scenic Trail Proposed Route'', 
numbered T06-80,000, and dated October 2007. The map shall be 
on file and available for public inspection in the appropriate 
offices of the National Park Service. The Secretary of the 
Interior, in cooperation with Federal, State, tribal, regional, 
and local agencies, the Appalachian Mountain Club, the 
Connecticut Forest and Park Association, and other 
organizations, shall administer the trail consistent with the 
recommendations of the draft report titled the ``Metacomet 
Monadnock Mattabesset Trail System National Scenic Trail 
Feasibility Study and Environmental Assessment'', prepared by 
the National Park Service, and dated Spring 2006. The United 
States shall not acquire for the trail any land or interest in 
land without the consent of the owner.

           *       *       *       *       *       *       *


                                  
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