[Senate Report 111-252]
[From the U.S. Government Publishing Office]
Calendar No. 522
111th Congress Report
SENATE
2d Session 111-252
======================================================================
NORTH COUNTRY NATIONAL SCENIC TRAIL ROUTE ADJUSTMENT ACT
_______
August 5, 2010.--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. 553]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 553) to revise the authorized route of
the North Country National Scenic Trail in northeastern
Minnesota to include existing hiking trails along Lake
Superior's north shore and in Superior National Forest and
Chippewa National Forest, 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:
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 ``North Country National Scenic Trail
Route Adjustment Act of 2010''.
SEC. 2. ROUTE ADJUSTMENT.
Section 5(a)(8) of the National Trails System Act (16 U.S.C.
1244(a)(8)) is amended in the first sentence--
(1) by striking ``thirty-two hundred'' and inserting
``4,600''; and
(2) by striking ``as `Proposed North Country Trail-Vicinity
Map' in'' and all that follows through the period at the end of
the sentence and inserting ``as `North Country National Scenic
Trail, Authorized Route' dated February 16, 2005, and numbered
649/80,002.''.
Purpose
The purpose of S. 553 is to revise the route of the North
Country National Scenic Trail in northeastern Minnesota to
include existing hiking trails along Lake Superior's north
shore and in the Superior and Chippewa National Forests.
Background and Need
The North Country National Scenic Trail was established in
1980 by Public Law 96-199. The Trail extends from New York to
North Dakota and at the time of its creation, the length was
estimated to be 3,200 miles. However, modern digital measuring
equipment indicates that when construction is completed on the
currently authorized route, the length of the trail will be
approximately 4,200 miles.
Trail partners in Minnesota have discovered that a portion
of the authorized route west of Duluth is not feasible because
much of it crosses tamarack swamp, making it unsuitable for use
as a national trail. As an alternative, trail supporters have
proposed the use of existing and planned hiking trails that
follow the north shore of Lake Superior and cross the Boundary
Waters Canoe Area Wilderness to connect the cities of Duluth
and Ely. These trails, including the Superior Hiking Trail,
Border Route Trail, and Kekekabic Trail, take hikers through a
region known locally as the ``Arrowhead'' which is
representative of North Country scenery.
Several new trails will have to be built to connect these
trails to the authorized North Country route. These new and
existing trails of the Arrowhead Reroute will add another 400
miles to the length of the North Country National Scenic Trail
for a total of nearly 4,600 miles nationally.
S. 553 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.
Legislative History
S. 553 was introduced by Senator Klobuchar on March 9,
2009. The Subcommittee on National Parks held a hearing on the
bill on March 17, 2010. The Committee on Energy and Natural
Resources considered the bill and adopted an amendment in the
nature of a substitute at its business meeting on June 16,
2010. The Committee ordered S. 553 favorably reported with an
amendment in the nature of a substitute at its business meeting
on June 21, 2010.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 553, if amended as
described herein.
Committee Amendment
During the consideration of S. 553, the Committee adopted
an amendment in the nature of a substitute. The amendment
revises the short title, removes the Congressional findings,
adds language to conform the land acquisition language to
reflect changes made by section 5301 of Public Law 111-11, the
Omnibus Public Land Management Act of 2009, and makes other
technical and conforming amendments. The amendment is explained
in detail in the section-by-section analysis below.
Section-by-Section Analysis
Section 1 provides the short title, the ``North Country
National Scenic Trail Route Adjustment Act of 2010''.
Section 2 amends section 5(a)(8) of the National Trails
System Act (16 U.S.C. 1244(a)(8)) by changing the overall
length of the North Country National Scenic Trail to 4,600
miles and changes the map referenced in the Act to reflect the
revised route.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 553--North Country National Scenic Trail Route Adjustment Act of
2010
S. 553 would revise the route of the North Country National
Scenic Trail, which currently spans an estimated 4,200 miles in
seven states from New York to North Dakota. Specifically, the
bill would reroute a segment of the trail that runs through
northeastern Minnesota, adding about 400 miles to the overall
length.
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. 553 would
cost about $5 million over the 2011-2015 period. Most of this
amount would be spent to acquire private land (or easements on
that land) along the new trail segment. We estimate that
ongoing costs to develop, manage, and maintain the added
property would be minimal. Enacting the bill would have no
effect on revenues or direct spending; therefore, pay-as-you-go
procedures would not apply.
S. 553 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.
On August 25, 2009, CBO transmitted a cost estimate for
H.R. 481, the North Country National Scenic Trail Route
Adjustment Act of 2009, as ordered reported by the House
Committee on Natural Resources on July 29, 2009. The two bills
are nearly identical, and the estimated costs are the same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Peter Fontaine,
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. 553.
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. 553, as ordered reported.
Congressionally Directed Spending
S. 553, 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
March 17, 2010 Subcommittee hearing on S. 553 follows:
Statement of 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 of the Interior's views on S. 553, a bill to revise
the authorized route of the North Country National Scenic Trail
in northeastern Minnesota to include existing hiking trails
along Lake Superior's north shore and in Superior National
Forest and Chippewa National Forest.
The Department supports enactment of S. 553 with two
amendments described later in this statement. This legislation
would amend section 5(a)(8) of the National Trails System Act
to revise the route of the North Country National Scenic Trail
in northeastern Minnesota and increase the overall length of
the trail to 4,600 miles. This reflects current measurements of
the trail's length plus the additional 400 miles of the revised
route in northeastern Minnesota. The bill includes the
reference for a map that would depict the revised route of the
trail.
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 hiking trail facility, and
to encourage and assist volunteer citizen involvement in the
planning, development, maintenance and management of the trail.
The National Park Service (NPS) administers this trail. The
comprehensive management plan for the trail was issued in 1982.
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. The proposed revised route uses
three existing hiking trails all developed or redeveloped by
volunteers since the Comprehensive Management Plan for the
North Country Trail was written. These trails, totaling over
300 miles of existing hiking trail, follow the north shore of
Lake Superior and traverse the Boundary Waters Canoe Area
Wilderness in the Superior National Forest, a region of the
state known locally as the ``Arrowhead.'' The proposed change
has become known in the North Country Trail community as the
``Arrowhead Reroute.''
Since 1987, Minnesota hiking groups have requested the NPS
to study the revised route and consider their recommendation
for a change due to the location and the existing environmental
conditions of the present segment. As a result, the NPS
conducted the Northeastern Minnesota Route Assessment between
1999 and 2004. This study evaluated and compared two routes--
the one authorized by Congress in 1980 and the Arrowhead
Reroute. In 2003 and 2004 public meetings were held in Duluth,
Ely, Grand Rapids, and Minneapolis, Minnesota. No comments
opposing the proposed change in the route were received, either
at the public meetings or by mail or email during the widely-
publicized public comment period. The plan and environmental
assessment was approved by the NPS Midwest Regional Director on
September 30, 2004. The National Trails System Act states that
segments of a national scenic trail may be relocated upon a
determination that the relocation is necessary to preserve the
purposes of the trail and to promote a sound land management
program. The authorized route through 70 miles of densely
wooded wetlands does not provide a superlative outdoor
recreation experience. To provide a premier hiking experience
and preserve the landscape would require the construction of
many miles of boardwalk in order to successfully traverse those
wetlands. This factor alone has not and will not encourage
volunteers to become involved in establishing that route.
In stark contrast, the revised Arrowhead Reroute connects
nationally significant natural, cultural, and recreational
resources with outstanding scenery that epitomizes the ``North
Country'' and has already encouraged volunteers to become
involved in planning, developing, maintaining, and managing
trails. Additionally, the relocation promotes a sound land
management program, using established trails and proposing
additional trail segments that are appropriately located and
managed in accordance with established multiple-use principles.
Approximately three-quarters of the Arrowhead Reroute
already exists, having been built as part of the three existing
hiking trails--the Superior Hiking Trail, Border Route Trail,
and Kekekabic Trail. 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 be reviewed for environmental
impacts on critical habitat, endangered species, wetlands, and
cultural resources. Where no public land exists, the trail
would be developed on private property but only with the
owners' permission and support.
There is strong support for the trail relocation among
public agencies and jurisdictions. The Minnesota Department of
Natural Resources (DNR) has been a strong proponent of the
relocation since the late 1980s. Also, the supervisors of the
Superior National Forest and the Chippewa National Forest have
indicated their support for the proposed relocated route. Local
governments in Duluth, Ely, and Grand Rapids have been
supportive.
Duluth and St. Louis County have already approved the
extension of the Superior Hiking Trail across city and county
parkland to connect Jay Cooke State Park to the south with Two
Harbors to the north, the former southern terminus of the
Superior Hiking Trail. More than 39 miles of new trail have
been built in the city along with six additional miles between
Duluth and Two Harbors. Recently, one city along the authorized
route voiced opposition because they will no longer be on the
official route--a route that is environmentally unfeasible.
However, they did not voice this opposition during the study
and public comment period back in 2004.
The North Country Trail Association and the Parks and
Trails Council of Minnesota are committed to developing the
connecting trail segments that will be needed between Ely and
the Chippewa National Forest. The Council has pledged not only
the workers to build and maintain the trail, but also the
effort and funding needed to secure private lands.
The NPS anticipates the cost of adding this route and
constructing a footpath to be very low. The construction would
be done primarily by volunteers using hand tools. Current NPS
staff would provide route planning and support for the
volunteers who help develop and maintain the path. Funding
would be needed to supply trail markers, signage, tools,
equipment, and materials to the volunteers for the 400
additional miles of trail. The average cost is estimated to be
$100 per mile per year, or $40,000 per year.
The portions of the North Country Trail reroute yet to be
built have not been laid out in detail. No specific landowners
have been identified or contacted. Rather, the route assessment
(study) identified a corridor several miles wide within which
the trail will eventually be laid out. This will allow the NPS
and its partners to design a route that will minimize the
amount of private land involved and to work with landowners on
a voluntary basis--if one landowner is not interested in having
the trail on his property, perhaps a neighbor will be amenable.
Consequently, no estimates of land acquisition costs have been
developed.
Up until March 30, 2009, the Federal government was
prohibited from spending funds to acquire lands for the North
Country National Scenic Trail outside the exterior boundaries
of existing Federal areas. However, Federal funds could be
granted to others to assist them in acquiring these lands. In
FY 2000 Congress directed the NPS to grant $500,000 from the
Land and Water Conservation Fund to the state of Wisconsin for
acquisition of lands for the North Country Trail. 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.
We recommend that S. 553 be amended to increase the overall
length of the trail to 4,600 miles and to insert language
reflecting the revised map. The proposed amendments are
attached to this testimony.
Mr. Chairman, this concludes my testimony. I would be glad
to answer any questions that you or other members of the
subcommittee may have.
Suggested amendments to H.R. 481
On page 4, line 3 strike ``SEC. 3'' and all that follows
through line 17 and insert the following:
SEC. 3. ROUTE REAUTHORIZATION.
Section 5(a)(8) of the National Trails System Act (16
U.S.C. 12244(a)) is amended as follows:
(1) strike ``thirty-two hundred miles'' and insert
``forty-six hundred miles'', and
(2) strike ``Proposed North Country Trail'' through
``June 1975'' and insert ```North Country National
Scenic Trail, Authorized Route', dated February 16,
2005, and numbered 649/80,002.''
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. 553 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):
NATIONAL TRAILS SYSTEM ACT
AN ACT To establish a national trails system, and for other purposes
(Approved October 2, 1968; Public Law 90-543; 16 U.S.C. 1241 et seq.)
* * * * * * *
SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS.
(a) Authorization.--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] 4,600 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 l975.] as ``North Country National
Scenic Trail, Authorized Route'' dated February 16,
2005, and numbered 649/80,002. 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.
* * * * * * *