[Senate Report 114-125]
[From the U.S. Government Publishing Office]
Calendar No. 205
114th Congress } { Report
SENATE
1st Session } { 114-125
======================================================================
NORTH COUNTRY NATIONAL SCENIC TRAIL ROUTE ADJUSTMENT ACT
_______
September 9, 2015.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 403]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 403) to revise the authorized route of
the North Country National Scenic Trail in northeastern
Minnesota and to extend the trail into Vermont to connect with
the Appalachian National Scenic Trail, 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:
At the end, add the following:
SEC. 3. NO CONDEMNATION.
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 of the exterior boundary of any Federally
administered area may be acquired by the Federal Government for the
trail by condemnation.''.
Purpose
The purpose of S. 403 is to revise the authorized route of
the North Country National Scenic Trail in northeastern
Minnesota and to extend the trail into Vermont to connect with
the Appalachian National Scenic Trail, and for other purposes.
Background and Need
The North Country National Scenic Trail was designated and
added to the National Trails System on March 5, 1980 (Public
Law 96-199). The North Country National Scenic Trail (the
Trail) traverses seven states (North Dakota, Minnesota,
Wisconsin, Michigan, Ohio, Pennsylvania and New York). Portions
of the Trail cross 4 National Parks, 10 National Forests, and
numerous other Federal, State, and lands administered by local
governments. The Trail also crosses many miles of privately
owned lands. The National Park Service (NPS) administers the
Trail. The comprehensive management plan for the Trail was
issued in 1982. Currently, about 2,000 miles of trail along the
4,200 miles of the authorized route have been built.
The authorized route of the Trail in northeastern Minnesota
traverses more than 70 miles of black spruce and tamarack
swamp, extending westward from Jay Cooke State Park, south of
Duluth, to the Chippewa National Forest, southwest of Grand
Rapids. Because of the location and difficult environmental
conditions within the swamp, no portion of this section of the
Trail has been constructed. For many years advocates for the
North Country Trail have proposed what has become known as the
``Arrowhead Reroute'' to avoid this area.
The NPS conducted an Environmental Assessment (EA) to
select the route for both the Arrowhead Reroute and the Trail
extension. Public meetings and comment periods were included in
each process. The NPS signed the Arrowhead Reroute EA in
September 2004 and the trail extension EA in December 2013.
The ``Arrowhead Reroute'' would use over 300 miles of
existing hiking trail, following the north shore of Lake
Superior and traversing the Boundary Waters Canoe Area
Wilderness in the Superior National Forest, a region of the
state known locally as the ``Arrowhead.'' New sections that
would need to be constructed to complete the reroute in the
Chippewa and Superior National Forests, Minnesota state parks
and forests, and county-owned lands would have to be reviewed
for environmental impacts on critical habitat, endangered
species, wetlands, and cultural resources. In areas along the
new trail segment where no public land exists, the NPS would
seek to develop the Trail on private property by acquiring the
land in fee or acquiring an easement. The proposed reroute of
the Trail would increase the total length of the North Country
National Scenic Trail by about 550 miles for a total of 4,600
miles.
S. 403 would modify the route of the North Country National
Scenic Trail to incorporate the trails in the ``Arrowhead'' and
exclude the portions crossing through the tamarack swamp (the
``Arrowhead Reroute''). In addition, the bill would connect the
North Country National Scenic Trail with the Appalachian
National Scenic Trail by extending the Trail from its current
eastern terminus at Crown Point, NY into Vermont. By connecting
these two scenic trails, hikers would be able to travel from
the plains of North Dakota across the Great Lakes region to
Vermont and as far south as Georgia.
Legislative History
In the 113th Congress, Senators Klobuchar, Leahy, Levin,
Stabenow, Sanders, Franken, Gillibrand, and Baldwin introduced
a similar bill, S. 2595, on July 10, 2014. A companion bill,
H.R. 4736, was introduced in the House of Representatives by
Representatives Nolan, Welch, Peterson, Walz, Petri, Ellison,
McCollum, and Paulsen on May 22, 2014.
H.R. 799, a companion bill to S. 403, was introduced in the
House by Representative Nolan and nine others on February 5,
2015.
S. 403 was introduced by Senators Klobuchar, Leahy,
Franken, Sanders, Stabenow, Gillibrand, Baldwin, and Peters on
February 5, 2015. The Subcommittee on National Parks held a
hearing on the bill on June 10, 2015.
The Committee on Energy and Natural Resources met in open
business session on July 30, 2015, and ordered S. 403 favorably
reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 30, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
403, if amended as described herein.
Committee Amendment
During its consideration of S. 403, the Committee adopted
an amendment to prohibit the use of condemnation in the
acquisition of land or interest in land for construction of the
trail.
Section-by-Section Analysis
Section 1 contains the short title, the ``North Country
National Scenic Trail Route Adjustment Act.''
Section 2 updates the length of the trail from 3,200 miles
to 4,600 miles and replaces the official map of the authorized
route of the trail.
Section 3 prohibits the use of condemnation to acquire land
or interest in land outside of the exterior boundary of any
Federally administered area.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 403--North Country National Scenic Trail Route Adjustment Act
S. 403 would revise the route of the North Country National
Scenic Trail, which currently runs through seven states from
New York to North Dakota. Specifically, the bill would connect
the trail to the Appalachian Scenic Trail in Vermont, adding
about 400 miles to its overall length. The bill also would
clarify that the federal government may not use condemnation to
acquire land for the trail.
Based on information provided by the National Park Service,
which administers the trail, and assuming appropriation of the
necessary amounts, CBO estimates that implementing S. 403 would
cost about $5 million over the 2016-2020 period. Most of that
amount would be spent to acquire private land (or easements on
that land) along the new trail segment. CBO estimates that
ongoing costs to develop, manage, and maintain the added
property would be negligible. Enacting the bill would have no
effect on revenues or direct spending; therefore, pay-as-you-go
procedures do not apply.
S. 403 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 Marin Burnett.
The estimate was approved by H. Samuel Papenfuss, 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. 403. 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. 403, as ordered reported.
Congressionally Directed Spending
S. 403, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
June 19, 2015, National Parks Subcommittee hearing on S. 403
follows:
Statement of Victor Knox, Associate Director, Park Planning,
Facilities, and Lands, 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 of the Interior's views on S. 403, to revise the
authorized route of the North Country National Scenic Trail in
northeastern Minnesota and to extend the trail into Vermont to
connect with the Appalachian National Scenic Trail, and for
other purposes.
The Department supports enactment of S. 403. This
legislation would make two critically important improvements to
the North Country National Scenic Trail: it would reroute a
portion of the trail in Minnesota around dense swampland, and
it would link this trail to the Appalachian Trail.
S. 403 would amend section 5(a)(8) of the National Trails
System Act to revise the route of the trail in northeastern
Minnesota and extend the trail beyond its current terminus in
New York eastward into Vermont, increasing the total length of
the trail from approximately 4,000 miles to approximately 4,600
miles. We note that although the legislated length of the trail
is 3,200 miles, this figure was based upon estimates at the
time of the passage of the bill that authorized the trail, and
more accurate mapping has since shown the actual mileage to be
closer to 4,000 miles.
The North Country National Scenic Trail was authorized by
Congress in 1980 to provide superlative outdoor recreation
opportunities and conservation of nationally significant
scenic, historic, natural and cultural qualities along the
trail corridor, to provide a premier trail experience, and to
encourage and assist volunteer citizen involvement in the
planning, development, maintenance and management of the trail.
The trail, which is one of six designated National Scenic
Trails administered by the National Park Service, spans much of
the northern United States, stretching from North Dakota to New
York.
The current authorized route of the trail in northeastern
Minnesota traverses approximately 93 miles of black spruce and
tamarack swamp, extending westward from Jay Cooke State Park
south of Duluth, to the Chippewa National Forest southwest of
Grand Rapids. Because of the location and difficult
environmental conditions within the swamp, no portion of this
section of the trail has been constructed. Approximately
seventy percent of the proposed revision--referred to as the
Arrowhead Reroute--consists of three existing hiking trails:
the Superior Hiking Trail, the Border Route Trail, and the
Kekekabic Trail. These trails, which total approximately 400
miles, follow the north shore of Lake Superior and traverse the
Boundary Waters Canoe Area Wilderness in the Superior National
Forest. The remaining portion of the Arrowhead Reroute--
approximately 173 miles--would be new trail located over a
combination of public and private lands. The net total increase
in the Minnesota portion of the North Country National Scenic
Trail would be approximately 480 miles.
Since 1987, Minnesota hiking groups have repeatedly asked
the NPS to study the revised route. In response to these
requests, the NPS conducted the Northeastern Minnesota Route
Assessment between 1999 and 2004. In 2003 and 2004, the
National Park Service held public meetings in Duluth, Ely,
Grand Rapids, and Minneapolis, Minnesota. Public comments
reflected broad overall support for the Arrowhead Reroute, and
strong support among the affected public agencies and
jurisdictions. The plan and environmental assessment were
approved by the NPS on September 30, 2004.
The extension of the trail route into Vermont would add
approximately 66 miles to the North Country National Scenic
Trail, 40 of which are already existing trails. The addition
would extend from the trail's current terminus near Crown
Point, New York, east to a point to be determined along the
Long Trail--a National Recreation Trail in Vermont. The Long
Trail then connects to the Appalachian National Scenic Trail at
Maine Junction just east of Rutland, Vermont.
In the fall of 2009, the National Park Service began a
study of the potential extension of the North Country National
Scenic Trail in Vermont. In February 2010, three public
meetings were held to announce the study and present conceptual
corridors. Additional meetings were held with key stakeholders
in October 2011. A public meeting to review the draft report
was held on May 21, 2012. Public comments, and written and
electronic responses, reflected broad overall support. The
Feasibility Study Corridor Plan and Environmental Assessment
for Addison County, Vermont, was approved by the NPS on
December 16, 2013.
The NPS anticipates the cost of constructing and
maintaining the Arrowhead reroute and the Vermont extension of
the North Country National Scenic Trail would be manageable
because the work would be done primarily by volunteers using
hand tools, and current NPS staff would provide route planning
and support for the volunteers who would help develop and
maintain the path.
As an example, the North Country Trail Association and
partners have committed to developing the connecting trail
segments that will be needed between the end of the Kekekabic
Trail and the Chippewa National Forest in Minnesota. Funding
would be needed to supply trail markers, signage, tools,
equipment, and materials. Recent average expenditures for
volunteer supplies have cost the North Country National Scenic
Trail approximately $60,000 per year. The net increase of
approximately 546 miles to the current trail would increase
operational costs by approximately $7,000, split between NPS
support and that independently generated by the trail chapters
and affiliates. The NPS portions could be accommodated within
the trail's current budget.
The portions of the North Country National Scenic Trail
that have yet to be built have not been laid out in detail.
Rather, the studies identified respective corridors several
miles wide within which the trail would eventually be laid out.
The flexibility provided by these corridors would allow the NPS
and its partners to design routes that will minimize the amount
of private land involved.
Public Law 111-11, the Omnibus Public Land Management Act
of 2009, provides authority for Federal agencies to acquire
lands or interests in lands from willing sellers for the North
Country National Scenic Trail. As a National Scenic Trail based
upon strong public-private partnerships and engaged volunteers,
there is an opportunity to implement the proposed re-route and
extension through a variety of actions and expenditures.
Options for allowing access range from outright donation, to
easements and access agreements facilitated by partner
organizations, to fee simple acquisition from willing sellers.
However, it is the intention of the NPS to pursue donations,
easements, and agreements to ensure access whenever possible.
Consequently, the NPS is unable to estimate land acquisition
costs. However, efforts would be made to keep Federal
expenditures to a minimum.
Mr. Chairman, this concludes my testimony. I would be glad
to answer any questions that you or other members of the
subcommittee 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
the bill S. 403, 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):
THE NATIONAL TRAILS SYSTEM ACT
Public Law 90-543
* * * * * * *
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:
* * * * * * *
(8) The North Country National Scenic Trail, a trail
of approximately [thirty-two hundred miles, extending
from eastern New York State] 4,600 miles, extending
from the Appalachian Trail in Vermont 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] `North Country National
Scenic Trail, Authorized Route' dated February 2014,
and numbered 12 649/116870. 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.
No land or interest in land outside of the exterior
boundary of any Federally administered area may be
acquired by the Federal Government for the trail by
condemnation.
* * * * * * *
[all]