[Senate Report 118-175]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 391
118th Congress     }                                      {     Report
                                 SENATE
 2d Session        }                                      {    118-175

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



 
        CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL COMPLETION ACT

                                _______
                                

                  May 16, 2024.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 594]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 594) to require 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, having considered the same, reports 
favorably thereon with an amendment, in the nature of a 
substitute, and recommends that the bill, as amended, do pass.

                               AMENDMENT

    Strike all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Continental Divide National Scenic 
Trail Completion Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (2) Trail.--The term ``Trail'' means the Continental Divide 
        National Scenic Trail.
          (3) Trail completion team.--The term ``Trail Completion 
        Team'' means the joint Forest Service-Bureau of Land Management 
        Trail completion team established under section 4(a).

SEC. 3. COMPLETION OF CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.

    Subject to the availability of appropriations, the Secretary and 
the Secretary of the Interior shall seek to complete the Trail as a 
continuous route not later than the 50th anniversary of the date of 
designation of the Trail as a national scenic trail.

SEC. 4. TRAIL COMPLETION TEAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary and the Secretary of the Interior shall 
establish a joint Forest Service-Bureau of Land Management Trail 
completion team to work in coordination with the administrator of the 
Trail--
          (1) to facilitate the completion and optimization of the 
        Trail, consistent with the purposes of the Trail; and
          (2) to assist in the development of the comprehensive 
        development plan for the Trail under section 5.
    (b) Consultation.--As appropriate, the Trail Completion Team shall 
consult with other Federal agencies, affected State, Tribal, and local 
governments, landowners, affected land-grant mercedes owners and users, 
acequias, and other interested parties in--
          (1) the completion and optimization of the Trail; and
          (2) the development and completion of the comprehensive 
        development plan for the Trail under section 5.

SEC. 5. COMPREHENSIVE DEVELOPMENT PLAN FOR THE CONTINENTAL DIVIDE 
                    NATIONAL SCENIC TRAIL.

    (a) In General.--Not later than 3 years after the date of 
establishment of the Trail Completion Team under section 4(a), the 
Secretary shall complete a comprehensive development plan for the 
Trail.
    (b) Plan Inclusions.--The comprehensive development plan under 
subsection (a) shall--
          (1) identify any gaps in the Trail for which the Secretary 
        and the Secretary of the Interior have not been able to acquire 
        land;
          (2) identify opportunities for the use of easements acquired 
        from willing sellers to facilitate completion of the Trail; and
          (3) include general and site-specific Trail development 
        plans, including anticipated costs of the plans.

SEC. 6. PARTNERSHIPS.

    The Secretary and the Secretary of the Interior shall seek to enter 
into agreements with volunteer and nonprofit organizations, as 
appropriate, to facilitate the completion and administration of the 
Trail.

SEC. 7. EFFECT.

    Nothing in this Act--
          (1) provides any authority to acquire land or interests in 
        land for inclusion in the Trail beyond the authorities provided 
        for the Trail in the National Trails System Act (16 U.S.C. 1241 
        et seq.), including acquisition by eminent domain; or
          (2) makes the acquisition of land or interests in land for 
        the Trail a priority over other land acquisition 
        authorizations.

                                PURPOSE

    The purpose of S. 594 is to direct the Secretary of 
Agriculture and the Secretary of the Interior to seek to 
complete the Continental Divide National Scenic Trail (Trail) 
as a continuous route by November 10, 2028, the 50th 
anniversary of the trail's designation.

                          BACKGROUND AND NEED

    In 1978, Congress designated the Continental Divide 
National Scenic Trail as a unit of the National Trails System 
(Public Law 95-625). The Trail extends approximately 3,100 
miles from the Montana-Canada border to the New Mexico-Mexico 
border, following a designated route. Although National Scenic 
Trails are intended to be continuous hiking trails, several 
gaps in the Trail remain.
    To facilitate the completion of the Trail by 2028, the 50th 
anniversary of the Trail's designation, S. 594 directs the 
Forest Service and the Bureau of Land Management to jointly 
establish a Trail Completion Team to complete and optimize the 
Trail and to assist in the development of a comprehensive 
management plan for the Trail.

                          LEGISLATIVE HISTORY

    S. 594 was introduced by Senators Heinrich and Daines on 
March 1, 2023. The Subcommittee on National Parks held a 
hearing on S. 594 on June 21, 2023.
    Similar legislation, S. 4995, was introduced in the 117th 
Congress by Senators Heinrich and Daines on September 28, 2022. 
The Committee held a hearing on S. 4995 on December 1, 2022.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 14, 2023, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
594, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 594, the committee adopted 
an amendment in the nature of a substitute. The amendment 
clarifies that the Secretary shall seek to complete land 
acquisition for the Trail, subject to the availability of 
appropriations, and extends the timeframe in which the 
Comprehensive Development Plan is required to be established 
from 2 years to 3 years after the establishment of the Trail 
Completion Team. The amendment is summarized in detail in the 
section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title for the bill, the 
``Continental Divide National Scenic Trail Completion Act.''

Section 2. Definitions

    Section 2 defines key terms used in the bill.

Section 3. Completion of Continental Divide National Scenic Trail

    Section 3 requires the Secretary of Agriculture and the 
Secretary of the Interior to seek to complete the Continental 
Divide National Scenic Trail (Trail) as a continuous route by 
the 50th anniversary of the date of designation of the national 
scenic trail, subject to the availability of appropriations.

Section 4. Trail Completion Team

    Section 4(a) requires the Secretary of Agriculture and the 
Secretary of the Interior, not later than one year after date 
of enactment of this Act, to establish a joint Forest Service 
and Bureau of Land Management Trail Completion Team to work in 
coordination with the administrator of the Trail to facilitate 
the completion of the Trail and to assist in the development of 
the comprehensive development plan required under section 5.
    Paragraph (b) requires the Trail Completion Team to consult 
with other Federal agencies, states, Tribes, local governments, 
landowners, land-grant mercedes owners and users, acequias, and 
other interested parties in the completion and optimization of 
the Trail as well as the development of the comprehensive 
development plan.

Section 5. Comprehensive development plan for the Continental Divide 
        National Scenic Trail

    Paragraph (a) requires the Secretary of Agriculture to 
complete a comprehensive development plan not later than 3 
years after the date of establishment of the Trail Completion 
Team required under section 4(a).
    Paragraph (b) requires that the comprehensive development 
plan identify any gaps in the Trail for which the Secretary of 
Agriculture and the Secretary of the Interior have not been 
able to acquire land; identify opportunities for the use of 
easements acquired from willing sellers; and include general 
and site-specific Trail development plans, including 
anticipated costs of the plans for completion of the Trail.

Section 6. Partnerships

    Section 6 requires the Secretary of Agriculture and the 
Secretary of the Interior to seek to enter into agreements with 
volunteer and non-profit organizations, as appropriate, to 
facilitate the completion and administration of the Trail.

Section 7. Effect

    Section 7 clarifies that nothing in this Act provides 
authority to acquire land or interests in land for inclusion in 
the Trail beyond the authorities provided by the National 
Trails System Act, including acquisition by eminent domain; or 
makes the acquisition of land or interests in land for the 
Trail a priority over other land acquisition authorities.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 594 as 
ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      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. 594. 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. 594, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 594, 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 statement for the record provided by the Forest Service 
and the Bureau of Land Management at the June 21, 2023, 
Subcommittee on National Parks hearing on S. 594 follows:

  Statement of United States Department of Agriculture--Forest Service

    Chairman Manchin, Ranking Member Barrasso, and Members of 
the Committee, thank you for the opportunity to present the 
views of the U.S. Department of Agriculture (USDA) on S. 594, 
the ``Continental Divide Trail Completion Act.'' The objective 
of the bill is to prioritize completion of the Continental 
Divide National Scenic Trail (CDNST or Trail).
    Designated in 1978, the CDNST stretches 3,100 miles from 
the deserts of New Mexico to the alpine peaks of the northern 
Rockies and traverses stunning and diverse landscapes. The 
Trail connects many of the defining moments and movements in 
our nation's history along the spine of the continent.
    USDA supports the goals of S. 594 and would like to work 
with the Committee and bill sponsors to address the concerns 
identified in this testimony. Completing land acquisition for 
the CDNST meets Congress's intent in designating the Trail in 
1978. USDA is committed to working with its partners to achieve 
this goal. USDA defers to the U.S. Department of the Interior 
regarding provisions in the bill affecting management of lands 
administered by the Bureau of Land Management and the National 
Park Service.


                 section 3(a)--completion of the trail


    This section of the bill would require the Secretaries of 
Agriculture and the Interior to substantially conclude 
acquisition of land or interests in land necessary to complete 
the Trail by the 50th anniversary (November 10, 2028) of its 
designation. The intended acquisitions of land or interests in 
land under this bill would focus on meeting the nature and 
purposes of the CDNST, which are to provide for high-quality, 
scenic, and primitive hiking and horseback riding and to 
conserve natural, historic, and cultural resources along the 
CDNST corridor. No additional funding would be authorized by 
the bill to substantially complete the Trail.
    USDA supports the need to substantially complete the CDNST 
but has concerns with meeting the proposed timeline to meet 
this goal by the 50th anniversary of the Trail. Progress 
towards this goal is in large part determined by private 
landowners' willingness to sell or lease their property or put 
it under a conservation easement. Approximately 95% of the 
CDNST is protected on lands in public or tribal ownership or 
through easements across private lands. The 5% of the Trail 
that is incomplete and on which this bill is focused is 
primarily co-located on major highways or secondary roads that 
do not provide for the safety of hikers or meet the nature and 
purposes of the CDNST. This work has not been completed due to 
lack of dedicated staff and funding, as well as a lack of 
willing sellers in some areas. Once the optimal location review 
for the Trail is completed, we expect to have a better idea of 
the workload for acquisition of land and interests in land and 
could then establish a manageable timeline for completion.


                  section 3(b)--trail completion team


    This section of the bill would establish an interagency 
team to work with the Trail Administrator (USDA's Forest 
Service) to facilitate optimal location of additional segments 
for completion of the Trail. USDA supports establishment of an 
interagency team consisting of USDA's Forest Service and the 
U.S. Department of the Interior's Bureau of Land Management to 
work on conveyances of land and interests in land for 
completing the Trail. The work described in section 3(b)(2) 
under ``Duties of the Team'' would best be suited to the Trail 
Administrator, specialists with skills such as geographic 
information system mapping, lands and reality management, 
cadastral surveying, landscape architecture, and natural 
resource management, and key partners such as the Continental 
Divide Trail Coalition.
    USDA is concerned about the consultation requirement for 
the Trail Completion Team in section 3(b)(2)(C). This 
subsection would require the Team to consult with other federal 
agencies, affected Indian Tribes, Governors of affected States, 
local governments, affected landowners, land grant-mercedes, 
acequias, applicable owners or users of a land grant-merced or 
acequia, the Continental Divide Trail Coalition, and other 
volunteer and nonprofit organizations. ``Consultation'' as it 
pertains to federal agencies has a specific meaning when 
relating to federally recognized Indian Tribes. Tribal 
consultation is a government-to-government process between 
sovereigns that involves receiving input from Indian Tribes 
regarding proposed federal actions or policies that have Tribal 
implications. USDA is committed to collaboration and 
transparency that address the unique needs of all the entities 
listed in section 3(b)(2)(C), but seeks to avoid 
misinterpretation or dilution of its obligation to federally 
recognized Tribes as sovereign nations through use of the term 
``consult'' in the bill. USDA would like to work with the bill 
sponsors and the Committee to differentiate work with non-
Tribal entities from work with federally recognized.


              section 3(c)--comprehensive development plan


    This section would require the Secretary of Agriculture to 
submit to Congress a comprehensive development plan for the 
CDNST within two years. This plan would have to identify gaps 
in the CDNST where the Secretaries have been unable to acquire 
land or interests in land, a plan for closing the gaps, and 
general and site-specific development plans, including 
anticipated costs, for closing the gaps.
    USDA supports addressing gaps in the Trail in a planning 
document but has concerns with the term ``comprehensive 
development plan,'' as it may be confused with the CDNST 
comprehensive plan, which is already in place, as well as 
concerns with the requirement for site-specific development 
plans, which would be difficult to complete in the required 
timeframe due to the need for interagency and partner 
coordination and anticipated environmental reviews.


   section 3(d)--methods of acquisition of land or interests in land


    This section would specify methods of acquisition of land 
or interests in land for the Trail. USDA supports these methods 
of acquisition of land or interests in land from willing 
sellers, lessors, or grantors.


                 section 3(e)--maintaining partnerships


    This section would require the Secretary of Agriculture and 
the Trail Completion Team to maintain partnerships with 
volunteer and nonprofit organizations that assist with 
development, maintenance, and management of the CDNST. USDA 
supports this section, although it is redundant with existing 
cooperative authority in the National Trails System Act.


                         section 3(f)--reports


    This section would require the Secretary of Agriculture to 
submit an annual progress report to Congress until the 
acquisition of land or interests in land for the CDNST is 
complete. USDA supports submission of an annual progress report 
to Congress but requests flexibility to deliver this report as 
a briefing rather than as a written report.


                               conclusion


    USDA supports the goals of S. 594 and would like the 
opportunity to work with the Committee and bill sponsors to 
address the concerns identified by the Department.

Statement for the Record, Bureau of Land Management, U.S. Department of 
                              the Interior

    Thank you for the opportunity to testify on S. 594, 
Continental Divide Trail Completion Act. S. 594 directs the 
Secretaries of Agriculture and Interior to complete the 3,100-
mile Continental Divide National Scenic Trail (CDNST) by 
November 10, 2028--the 50th anniversary of the trail's 
designation. The bill also establishes a joint U.S. Forest 
Service (Forest Service) and Bureau of Land Management (BLM) 
Trail Completion Team to facilitate the voluntary acquisitions, 
rights-of-ways and conservation easements needed to complete 
the trail.
    On January 27, 2021, President Biden signed Executive Order 
14008, Tackling the Climate Crisis at Home and Abroad, which 
launched a government-wide effort to confront climate change 
and restore balance on public lands and waters. The President's 
directive recognizes the opportunities America's lands and 
waters offer and outlines a historic and ambitious challenge to 
the nation to conserve at least 30 percent of our lands and 
waters by 2030. The CDNST provides a place to reconnect with 
nature by offering high quality hiking, horseback-riding, and 
other recreational opportunities along the Continental Divide. 
The Department of the Interior (Department) supports S. 594 as 
it aligns with our priorities to provide safe and equitable 
access to outdoor recreation opportunities for all Americans. 
We believe the bill has the potential to address some 
longstanding challenges, and we look forward to working with 
the sponsors and the Committee on minor modifications. We defer 
to the Department of Agriculture regarding provisions affecting 
the management of lands administered by the Forest Service.


                               background


    In 1968, Congress established the National Trails System 
Act to create trails in both urban and rural settings for 
people of all ages, interests, skills, and physical abilities. 
Today, there are 30 congressionally designated National Scenic 
and Historic Trails, many within an hour's drive from most 
urban areas. The lands these trails traverse often have complex 
jurisdictions, which requires substantial partnering among 
Federal agencies, non-profit organizations, and dedicated 
volunteers.
    In 1978, Congress added the CDNST to the National Trails 
System and identified a corridor straddling along the backbone 
of the North American continent--the Divide--for the future 
placement of the CDNST. The entire CDNST corridor is 
approximately 3,100 miles long, extending from the Canadian 
border in Montana to the border of Mexico in New Mexico. Today, 
the completed portions of the CDNST traverse approximately 
2,100 miles of Forest Service managed lands, 400 miles of BLM-
managed lands, 260 miles of National Park Service-managed 
lands, 60 miles of State lands, and 2 miles of Tribal lands. 
The trail was designated for its scenic significance and is 
considered the ``King of Trails,'' more difficult than its 
sister long distance trails, the Appalachian and Pacific Crest 
Trails. It navigates dramatically diverse ecosystems through 
mountain meadows, granite peaks, and high-desert surroundings.


                                 s. 594


    S. 594 requires the Secretaries of Agriculture and the 
Interior to ensure the completion of the CDNST as a contiguous 
route, to the maximum extent possible, by November 10, 2028. To 
complete and optimize the trail, the bill establishes the Trail 
Completion Team composed of Forest Service and BLM employees. 
The Trail Completion Team is directed to carry out land and 
right-of-way acquisitions, easement acquisitions, relocations, 
and trail construction activities required for completion. 
Lastly, S. 594 requires the Secretary of Agriculture to submit 
a Comprehensive Development Plan to Congress that identifies 
and plans the elimination of trail gaps, and submit annual 
reports to Congress.
    The Department supports the completion of the CDNST and has 
consistently worked towards this goal since its designation. 
Today, only 5 percent of the trail remains incomplete. The 
Department supports the creation of the Trail Completion Team 
to resolve long-standing barriers to completing the remainder 
of the trail. The Department notes that success of achieving 
the Sponsor's intent to complete the CDNST, on or before the 
50th anniversary of its designation, is dependent on strong 
community-led efforts to work with willing landowners to 
connect the lands through means such as of a rights-of-ways, 
access and conservation easements, and acquisition of land. The 
Department acknowledges the challenges in completing the final 
portion of the trail given the presence of private lands within 
the trail corridor and is committed to completing the trail to 
the maximum extent possible, as provided by the bill.
    Finally, the Department defers to the Department of 
Agriculture on provisions of the bill related to the 
Comprehensive Development Plan and reporting requirements.


                               conclusion


    The Department supports S. 594, and we would welcome the 
opportunity to work with the sponsor and the Committee on minor 
modifications to the bill.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 594 as ordered reported.

                                  [all]