[Senate Report 110-167]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 365
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-167

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



 
               NATIONAL TRAILS SYSTEM WILLING SELLER ACT

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 169]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 169) 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 amendent 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 the ``National Trails System Willing Seller 
Act''.

SEC. 2. AUTHORITY TO ACQUIRE LAND 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 land or interest in land 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 
of the land or interest in land. The authority of the Federal 
Government to acquire fee title under this paragraph shall be limited 
to an average of not more than \1/4\ mile 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 land or interest in land 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 of the land or interest in land. The authority of the Federal 
Government to acquire fee title under this paragraph shall be limited 
to an average of not more than \1/4\ 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 land or interest in land 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 of the land or interest in land. The authority of the Federal 
Government to acquire fee title under this paragraph shall be limited 
to an average of not more than \1/4\ 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 land or interest in land 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 of the land or interest in land. The authority of the Federal 
Government to acquire fee title under this paragraph shall be limited 
to an average of not more than \1/4\ 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 land or interest in land 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 of the land or interest in land. The authority of the Federal 
Government to acquire fee title under this paragraph shall be limited 
to an average of not more than \1/4\ 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 land or interest in land 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 of the land or interest in land.''.
  (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 land or interest in land 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 
of the land or interest in land.''.
  (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--
          (1) by striking the fourth and fifth sentences; and
          (2) by adding at the end the following: ``No land or interest 
        in land 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 of the land or 
        interest in land.''.
  (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--
          (1) by striking the fourth and fifth sentences; and
          (2) by adding at the end the following: ``No land or interest 
        in land 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 of the land or 
        interest in land. The authority of the Federal Government to 
        acquire fee title under this paragraph shall be limited to an 
        average of not more than \1/4\ mile on either side of the 
        trail.''.

SEC. 3. CONFORMING AMENDMENT.

  Section 10 of the National Trails System Act (16 U.S.C. 1249) is 
amended by striking subsection (c) and inserting the following:
  ``(c) Authorization of Appropriations.--
          ``(1) In general.--Except as otherwise provided in this Act, 
        there are authorized to be appropriated such sums as are 
        necessary to implement the provisions of this Act relating to 
        the trails designated by section 5(a).
          ``(2) Natchez trace national scenic trail.--
                  ``(A) In general.--With respect to the Natchez Trace 
                National Scenic Trail (referred to in this paragraph as 
                the `trail') designated by section 5(a)(12)--
                          ``(i) not more than $500,000 shall be 
                        appropriated for the acquisition of land or 
                        interests in land for the trail; and
                          ``(ii) not more than $2,000,000 shall be 
                        appropriated for the development of the trail.
                  ``(B) Participation by volunteer trail groups.--The 
                administering agency for the trail shall encourage 
                volunteer trail groups to participate in the 
                development of the trail.''.

                                Purpose

    The purpose of S. 169 is to amend the National Trails 
System Act to provide authority to purchase lands from willing 
sellers for nine designated trails that currently lack such 
authority.

                          Background and Need

    Congress enacted the National Trails System Act in 1968 (16 
U.S.C. 1241 et seq.) to provide for increased outdoor 
recreation needs and ``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'' 
by instituting a national system of recreation, scenic, and 
historic trails.
    Section 7 of the National Trails System Act gives the 
Secretary of the Interior or Secretary of Agriculture, as 
appropriate, authority to acquire private lands for inclusion 
in the trail. Over the past several years, legislation 
designating new trails has limited this authority to 
acquisition from willing sellers only (no condemnation). 
However, for nine trails that are part of the system--the 
Oregon National Historic Trail, the Mormon Pioneer National 
Historic Trail, the Continental Divide National Scenic Trail, 
the Lewis and Clark National Historic Trail, the Iditarod 
National Historic Trail, the North Country National Scenic 
Trail, the Ice Age National Scenic Trail, the Potomac Heritage 
National Scenic Trail, and the Nez Perce National Historic 
Trail--the United States has no acquisition authority.
    In the absence of authority to acquire lands from willing 
sellers, Federal trail managers are unable to purchase lands or 
easements to protect trails from inappropriate development or 
to ensure public access. Enactment of S. 169 will enable 
Federal land managers to purchase lands from willing sellers 
only, to provide the same authority for these nine trails as 
exist for the rest of the trails in the system.

                          Legislative History

    S. 169 was introduced by Senators Allard and Levin on 
January 4, 2007. The Subcommittee on National Parks held a 
hearing on the bill on April 26, 2007 (S. Hrg. 110-88).
    During the 109th Congress, Senators Allard and Levin 
introduced a similar bill, S. 974. Senator Levin also 
introduced a bill providing acquisition authority only for the 
North Country National Scenic Trail, S. 3979. In the 108th 
Congress, Senator Levin introduced S. 324, and Senator Allard 
sponsored S. 651, both of which were similar to the current 
bill. The Subcommittee on National Parks held a hearing on both 
S. 324 and S. 651 on May 6, 2003 (S. Hrg. 108-47), and the 
Committee ordered S. 651 to be favorably reported on June 25, 
2003 (S. Rept. 108-95) (with minority views). S. 651 passed the 
Senate by unanimous consent on July 17, 2003.
    During the 107th Congress, the House of Representatives 
passed a companion measure, H.R. 834, sponsored by Congressman 
McInnis, by a vote of 409-3 on March 13, 2001. During that 
Congress, the Committee also considered a similar bill 
sponsored by Senator Levin, S. 1069. The Subcommittee on 
National Parks held a hearing on S. 1069 and H.R. 834 on March 
7, 2002. The Committee ordered S. 1069 to be favorably 
reported, with amendments, on July 31, 2002. The text of S. 
1069, as reported, was adopted by the Senate as an amendment to 
H.R. 37, an unrelated trail measure. H.R. 37 passed the Senate 
by unanimous consent on November 20, 2002; however the House 
and Senate were unable to reconcile the different bills prior 
to the sine die adjournment of the Congress.
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered S. 169 favorably reported 
with an amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 169, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 169, the Committee adopted 
an amendment in the nature of a substitute. The amendment made 
several conforming changes to the bill and 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)(3) of the National Trails 
System Act (16 U.S.C. 1244(a)(3)) to authorize the United 
States to acquire lands and interests therein from willing 
sellers for addition to nine components of the system: the 
Oregon National Historic Trail; the Mormon Pioneer National 
Historic Trail; the Continental Divide National Scenic Trail, 
the Lewis and Clark National Historic Trail; the Iditarod 
National Historic Trail, the North Country National Scenic 
Trail; the Ice Age National Scenic Trail; the Potomac Heritage 
National Scenic Trail; and the Nez Perce National Historic 
Trail. In addition, the section makes conforming amendments to 
the paragraphs designating the Potomac Heritage National Scenic 
Trail and the Nez Perce National Historic Trail.
    The section further limits acquisition authority for six of 
the trails--the Oregon National Historic Trail, the Mormon 
Pioneer National Historic Trail, the Continental Divide 
National Scenic Trail, the Lewis and Clark National Historic 
Trail, the Iditarod National Historic Trail, and the Nez Perce 
National Historic Trail--by restricting Federal acquisition of 
fee title for each trail to an average of not more than one-
quarter mile on either side of the trail. With respect to these 
trails, the Committee notes that nothing in this Act or the 
National Trails System Act authorizes the Secretary of the 
Interior or the Secretary of Agriculture to impose restrictions 
on private lands, and that any Federal land acquisition along 
these trails does not affect the agency's management authority 
for Federal lands outside of the trail corridor, including 
lands within the viewshed of the trail.
    Section 3 makes a conforming amendment to section 10(c) of 
the National Trails System Act (16 U.S.C. 1249(c)).

                   Cost and Budgetary Considerations

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

                                                    August 3, 2007.
Hon. Jeff Bingaman,
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. 169, 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,
                                                   Peter R. Orszag.
    Enclosure.

S. 169--National Trails System Willing Seller Act

    S. 169 would amend the National Trails System Act to allow 
the federal government to purchase land from willing sellers 
for nine of the 25 national trails currently in the system. 
Under current law, federal agencies are not authorized to spend 
funds to acquire land or other property interests for those 
nine trails that are 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. 169 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 spent 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 16 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.
    Enacting S. 169 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 impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The 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. 169. 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. 169, as ordered reported.

                        Executive Communications

    The testimony provided by the National Park Service at the 
April 26, 2007, Subcommittee hearing follows:

 Statement by Daniel N. Wenk, Deputy Director, 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. 169, the National Trails System 
Willing Seller Act. S. 169 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 S. 169, which is similar to 
legislation the Department supported during the 108th Congress. 
The Department supports the 17 national historic trails, 8 
scenic trails, and 900 national recreation trails that make up 
the approximately 60,000 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. The 
Department of the Interior has 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. 
169. For example, current provisions of the National Trails 
System Act prohibit the expenditure of funds to acquire lands 
and do not provide clear authority to accept donated lands or 
easements. The current prohibition on using funds to acquire 
lands 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, local communities, 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 review 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 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, forests and wildlife refuges 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 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 recognition as part of a national historic 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 this time, as the number of 
willing sellers is unknown, whether donation, easements, or 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. 
169 would allow the Federal government to assist in the 
protection of these trails, through donation, easements, and, 
as a last 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.

                        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 
S. 169, 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--Oct. 2, 1968


                         16 U.S.C. 1241 et seq.


  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,

SECTION 1. SHORT TITLE.

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

           *       *       *       *       *       *       *


SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS.

    (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:

           *       *       *       *       *       *       *

          (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 land or interest in land 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 of the land or 
        interest in land. The authority of the Federal 
        Government to acquire fee title under this paragraph 
        shall be limited to an average of not more than \1/4\ 
        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 land or interest in land 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 of the land or 
        interest in land. The authority of the Federal 
        Government to acquire fee title under this paragraph 
        shall be limited to an average of not more than \1/4\ 
        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 
        Continental Divide 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 7(c), 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 land or 
        interest in land 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 of the land or interest in land. 
        The authority of the Federal Government to acquire fee 
        title under this paragraph shall be limited to an 
        average of not more than \1/4\ 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 land 
        or interest in land 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 of the land or interest in land. 
        The authority of the Federal Government to acquire fee 
        title under this paragraph shall be limited to an 
        average of not more than \1/4\ 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 land 
        or interest in land 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 of the land or interest in land. 
        The authority of the Federal Government to acquire fee 
        title under this paragraph shall be limited to an 
        average of not more than \1/4\ mile on either side of 
        the trail.
          (8) The North Country 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 Country 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 land or interest in land 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 of the land or interest 
        in land.

           *       *       *       *       *       *       *

          (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 section 
        5(d) of this Act. 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 section 5(e) of this 
        Act. Notwithstanding the provisions of section 7(c), 
        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 land or interest in land 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 of the land 
        or interest in land.
          (11) The Potomac Heritage National Scenic Trail, a 
        corridor of approximately seven hundred and four miles 
        following the route as generally depicted on the map 
        identified as ``National Trails System, Proposed 
        Potomac Heritage Trail'' in ``The Potomac Heritage 
        Trail'', a report prepared by the Department of the 
        Interior and dated December 1974, except that no 
        designation of the trail shall be made in the State of 
        West Virginia. The map shall be on file and available 
        for public inspection in the office of the Director of 
        the National Park Service, Washington, District of 
        Columbia. The trail shall initally consist of only 
        those segments of the corridor located within the 
        exterior boundaries of federally administered areas. 
        [No lands or interests therein outside the exterior 
        boundaries of any federally administered area may be 
        acquired by the Federal Government for the Potomac 
        Heritage Trail. The Secretary of the Interior may 
        designate lands outside of federally administered areas 
        as segments of the trail, only upon application from 
        the States or local governmental agencies involved, if 
        such segments meet the criteria established in this Act 
        and are administered by such agencies without expenses 
        to the United States.] The trail shall be administered 
        by the Secretary of the Interior. No land or interest 
        in land 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 of the land or interest in land.

           *       *       *       *       *       *       *

          (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 if 
        such segments meet the criteria established in this Act 
        and are administered by such agencies without expense 
        to the United States. So that significant route 
        segments and sites recognized as associated with the 
        Nez Perce Trail may be distinguished by suitable 
        markers, the Secretary of Agriculture is authorized to 
        accept the donation of suitable markers for placement 
        at appropriate locations. Any such markers associated 
        with the Nez Perce Trail which are to be located on 
        lands administered by any other department or agency of 
        the United States may be placed on such lands only with 
        the concurrence of the head of such department or 
        agency. No land or interest in land 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 of the land or 
        interest in land. The authority of the Federal 
        Government to acquire fee title under this paragraph 
        shall be limited to an average of not more than \1/4\ 
        mile on either side of the trail.

           *       *       *       *       *       *       *


SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

           *       *       *       *       *       *       *


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

                                  
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