[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]