[House Report 117-419]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-419
======================================================================
CONTINENTAL DIVIDE TRAIL COMPLETION ACT
_______
July 18, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 5118]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5118) to direct the Secretary of Agriculture to
prioritize the completion of the Continental Divide National
Scenic Trail, and for other purposes, having considered the
same, reports favorably thereon with amendments and recommends
that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continental Divide Trail Completion
Act''.
SEC. 2. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
(a) Completion of Trail.--
(1) In general.--Not later than November 10, 2028, the
Secretary and the Secretary of the Interior shall, to the
maximum extent practicable, ensure the completion of the
Continental Divide National Scenic Trail as a contiguous route,
consistent with the following provisions of the National Trails
System Act:
(A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).
(B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).
(C) Section 7 (16 U.S.C. 1246).
(2) Priority of actions.--The Secretary and the Secretary of
the Interior shall, to the maximum extent practicable, take
necessary actions to achieve this goal, including the following
steps, listed in order of priority:
(A) Complete the Continental Divide National Scenic
Trail by acquiring land or an interest in land, or by
encouraging States or local governments to enter into
cooperative agreements to acquire interests in land, to
eliminate gaps between sections of the Trail while
maintaining the nature and purposes of the Trail.
(B) Optimize the Trail by relocating incompatible
existing portions of the Trail on Federal land as
necessary to provide for maximum outdoor recreation
potential and for the conservation and enjoyment of the
nationally significant scenic, historic, natural, or
cultural qualities of the areas through which the Trail
passes, consistent with the Trail's nature and
purposes.
(C) Publish maps of the completed Trail corridor.
(b) Trail Completion Team.--
(1) In general.--In carrying out subsection (a), not later
than 1 year after the date of the enactment of this section,
the Secretary, in coordination with the Secretary of the
Interior, shall establish a joint Forest Service and Bureau of
Land Management trail completion team to work in coordination
with the Trail Administrator to facilitate the completion and
optimization of the Trail, pursuant to the purposes of section
3(a)(2) of the National Trails System Act (16 U.S.C.
1242(a)(2)) and the Trail's nature and purposes.
(2) Duties of the team.--The Team shall:
(A) Implement land and right-of-way acquisitions,
relocations, and trail construction consistent with any
Optimal Location Review for the trail, giving priority
to land that--
(i) eliminates gaps between segments of the
Trail;
(ii) may be acquired by the Secretary or the
Secretary of the Interior by purchase from a
willing seller, donation, exchange, or by
cooperative agreement;
(iii) is best suited for inclusion in the
Trail corridor in accordance with the purposes,
policies, and provisions of the National Trails
System Act (16 U.S.C. 1241 et seq.); and
(iv) has been identified as a segment of the
Trail on Federal land that should be relocated
to provide for maximum outdoor recreation
potential and the conservation and enjoyment of
the nationally significant scenic, historic,
natural, or cultural qualities of the areas
through which the Trail passes.
(B) Provide the necessary administrative and
technical support to complete the Trail corridor under
subsection (a).
(C) As appropriate, consult with other Federal
agencies, Governors of affected States, Indian Tribes,
Land Grants-Mercedes, Acequias, relevant landowners or
land users of an acequia or land grant-merced, the
Continental Divide Trail Coalition, and other volunteer
and nonprofit organizations that assist in, or whose
members may be affected by, the development,
maintenance, and management of the Trail.
(D) Support the Secretary in the development of the
acquisition and development plan under subsection (c)
and annual reports under subsection (f).
(c) Comprehensive Acquisition and Development Plan.--
(1) In general.--Not later than 2 years after the
establishment of the Team under subsection (b), the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a comprehensive acquisition and
development plan for the Trail.
(2) Contents of plan.--The comprehensive acquisition and
development plan should--
(A) identify any gaps in the Trail where the
Secretary and the Secretary of the Interior have not
been able to acquire land or interests in land by
purchase from a willing seller, by donation, by
exchange, or by cooperative agreement;
(B) include a plan for closing such gaps by acquiring
lands or interests in land; and
(C) include general and site-specific development
plans, including anticipated costs.
(d) Method of Acquisition.--In carrying out this section, the
Secretary and the Secretary of the Interior--
(1) may acquire land only by purchase from a willing seller
with donated or appropriated funds, by donation, or by
exchange; and
(2) may not acquire land by eminent domain.
(e) Maintaining Existing Partnerships.--In carrying out this section,
the Secretary, the Secretary of the Interior, and the Team shall
continue to maintain and develop working relationships with volunteer
and nonprofit organizations that assist in the development,
maintenance, and management of the Trail.
(f) Reports.--Not later than September 30, 2024, and at the close of
each fiscal year until the acquisition and development plan is fully
implemented, the Secretary shall report on the following, in writing,
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate:
(1) The progress in acquiring land or interests in land to
complete the Trail consistent with this Act.
(2) The amount of land or interests in land acquired during
the fiscal year and the amount expended for such land or
interests in land.
(3) The amount of land or interests in land planned for
acquisition in the ensuing fiscal year and the estimated cost
of such land or interests in land.
(4) The estimated amount of land or interests in land
remaining to be acquired.
(5) The amount of existing Trail miles on Federal lands that
need to be relocated to provide for maximum outdoor recreation
potential and for conservation and enjoyment of the nationally
significant scenic, historic, natural, or cultural qualities of
the areas through which the Trail passes.
(g) Definitions.--In this section:
(1) Acequia.--The term ``acequia'' has the meaning of the
term ``community ditch'' as such term is defined under section
73-2-27 of the New Mexico Statutes.
(2) Land grant-merced.--The term ``land grant-merced'' means
a community land grant issued under the laws or customs of the
Government of Spain or Mexico that is recognized under chapter
49 of the New Mexico Statutes (or a successor statute).
(3) Optimal location review.--The term ``Optimal Location
Review'' means the procedures described in the Continental
Divide National Scenic Trail Optimal Location Review Guide,
dated November 2017.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(5) Team.--The term ``Team'' means the trail completion team
established under subsection (b).
(6) Trail.--The term ``Trail'' means the Continental Divide
National Scenic Trail established by section 5 of the National
Trails System Act (16 U.S.C. 1244).
Amend the title so as to read:
A bill to direct the Secretary of Agriculture and the
Secretary of the Interior to prioritize the completion of the
Continental Divide National Scenic Trail, and for other
purposes.
PURPOSE OF THE BILL
The purpose of H.R. 5118 is to direct the Secretary of
Agriculture to prioritize the completion of the Continental
Divide National Scenic Trail.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5118 would direct the U.S. Forest Service and the
Bureau of Land Management to work together to finish the
Continental Divide Trail (CDT), setting 2028 as the target year
for substantial completion of the entire trail. The bill
achieves this goal by establishing an interagency Land
Acquisition Team designed to review existing gaps and identify
property for acquisition. The agencies are directed to develop
an acquisition plan within three years of enactment. Property
can be purchased only from willing sellers, and the bill
encourages maintaining existing partnerships for the
development, maintenance, and management of the trail.
Congress created the Continental Divide Trail in 1978 as
part of the National Trails System, a network that spans all 50
states. The trail's corridor helps protect the headwaters of
the Colorado, Rio Grande, Columbia, and Mississippi Rivers, and
when the trail is complete, it will connect an unbroken
corridor of more than 2 million acres of public land for
wildlife to traverse along their migration routes safely. More
than 40 years after its creation, the trail remains incomplete
due to gaps in public lands along more than 160 miles of its
route. In these areas, the CDT is forced to follow along roads
to connect one completed section to another.
COMMITTEE ACTION
H.R. 5118 was introduced on August 27, 2021, by
Representative Joe Neguse (D-CO). The bill was referred solely
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on National Parks, Forests, and Public
Lands. On November 9, 2021, the Subcommittee held a hearing on
the bill. On January 19, 2022, the Natural Resources Committee
met to consider the bill. The Subcommittee was discharged by
unanimous consent. Rep. Neguse offered an amendment in the
nature of a substitute. The Neguse amendment in the nature of a
substitute was agreed to by voice vote. The bill, as amended,
was adopted and ordered favorably reported to the House of
Representatives by voice vote.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on National Parks, Forests, and
Public Lands held on November 9, 2021.
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.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 14, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5118, the
Continental Divide Trail Completion Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lilia
Ledezma.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 5118 would direct the Forest Service and the
Department of the Interior (DOI) to complete, to the maximum
extent possible, the Continental Divide National Scenic Trail
as a contiguous recreational route. The agencies would be
required to prepare a trail acquisition and development plan
and report periodically to the Congress on their progress.
The Forest Service and DOI are already undertaking
activities to complete the trail, including optimal location
review, land acquisition, and trail construction. On that
basis, and the costs of similar tasks, CBO estimates that the
agencies would need one employee, at an average annual cost of
$120,000, to support those activities and complete the required
plan. In total, we estimate that implementing H.R. 5118 would
cost about $1 million over the 2022-2027 period; such spending
would be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Lilia Ledezma.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to direct the Secretary of
Agriculture to prioritize the completion of the Continental
Divide National Scenic Trail.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
According to CBO, this bill contains no unfunded mandates
as defined by the Unfunded Mandates Reform Act.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
DISSENTING VIEWS
H.R. 5118 seeks to expedite land acquisition necessary to
eliminate gaps in the Continental Divide National Scenic Trail
(CDNST). Under this legislation, the Secretary of Agriculture
is required to substantially complete the land acquisition
necessary to finish the CDNST by 2028, the 50th anniversary of
the establishment of the CDNST. Additionally, the Secretary of
Agriculture, in coordination with the Secretary of the
Interior, must establish a joint U.S. Forest Service (USFS) and
Bureau of Land Management (BLM) land acquisition team to
facilitate the completion and optimization of the CDNST.
Much of H.R. 5118 is unnecessary and redundant with
existing authorities. The USFS and other federal land
management agencies have existing authority to acquire lands
for the CDNST. Further, these agencies already have the
authority to develop working partnerships with volunteer and
nonprofit organizations that assist with the development,
maintenance, and management of the CDNST. At the legislative
hearing on H.R. 5118, the USFS testified that, ``Currently,
approximately 95 percent of the CDNST is protected on lands in
public or tribal ownership, or through easements across private
lands.'' Additionally, the USFS stated that progress towards
completion of the remaining five percent ``. . . is, in large
part, determined by private landowners' willingness to sell
their property or put it under a conservation easement.''
Finally, the USFS testified that work is already underway to
accomplish the goals of H.R. 5118 and that the agency is
working to finish a draft optimal location review document in
2022.
H.R. 5118 is also another discouraging example of the
Majority disregarding Member engagement and moving legislation
that affects Members' districts without the support of the
impacted Members. The CDNST runs through Montana, Idaho,
Wyoming, Colorado, and New Mexico. Noticeably absent from the
cosponsor list, however, are Members from three of the five
affected States.
Committee Republicans support completion of the CDNST but
oppose unnecessary new reports, duplicative administrative
processes, and new legislation that pressures land management
agencies to ``create'' willing sellers out of private
landowners. If the Committee Majority wants to aid the land
management agencies in completing trails, they could instead
look at ways to streamline the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321) environmental review process, rather
than advancing superfluous legislation.
Bruce Westerman,
Ranking Member,
Committee on Natural Resources.
[all]