[Senate Report 108-95]
[From the U.S. Government Publishing Office]
Calendar No. 203
108th Congress Report
SENATE
1st Session 108-95
======================================================================
NATIONAL TRAILS SYSTEM WILLING SELLER ACT
_______
July 11, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 651]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 651) to amend the National Trails System
Act to clarify Federal authority relating to land acquisition
from willing sellers for the majority of the trails in the
System, 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 ``National Trails System Willing Seller
Act''.
SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN
TRAILS.
(a) Oregon National Historic Trail.--Section 5(a)(3) of the
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding
at the end the following: ``No lands or interests therein 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 thereof. The authority of the Federal government to acquire fee
title under this paragraph shall be limited to an average of not more
than one-quarter miles on either side of the trail.''.
(b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the
National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding
at the end the following: ``No lands or interests therein 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 thereof. The authority of the Federal government to acquire fee
title under this paragraph shall be limited to an average of not more
than one-quarter mile on either side of the trail.''.
(c) Continental Divide National Scenic Trail.--Section 5(a)(5) of
the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by
adding at the end the following: ``No lands or interests therein
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 thereof. The authority of the Federal government
to acquire fee title under this paragraph shall be limited to an
average of not more than one-quarter mile on either side of the
trail.''.
(d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of
the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by
adding at the end the following: ``No lands or interests therein
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 thereof. The authority of the Federal government
to acquire fee title under this paragraph shall be limited to an
average of not more than one-quarter mile on either side of the
trail.''.
(e) Iditarod National Historic Trail.--Section 5(a)(7) of the
National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding
at the end the following: ``No lands or interests therein 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 thereof. The authority of the Federal government for the trail
except with the consent of the owner thereof. The authority of the
Federal government to acquire fee title under this paragraph shall be
limited to an average of not more than one-quarter mile on either side
of the trail.''.
(f) North Country National Scenic Trail.--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 lands or interests therein 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 thereof.''.
(g) Ice Age National Scenic Trail.--Section 5(a)(10) of the
National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding
at the end the following: ``No lands or interests therein outside
exterior boundaries of any Federally administered area may be acquired
by the Federal government for the trail except with the consent of the
owner thereof.''.
(h) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of
the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended by
adding at the end the following: ``No lands or interests therein
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 thereof.''.
(i) Nez Perce National Historic Trail.--Section 5(a)(14) of the
National Trails System Act (16 U.S.C. 1244(a)(14)) is amended by adding
at the end the following: ``No lands or interests therein 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 thereof. The authority of the Federal government to acquire fee
title under this paragraph shall be limited to an average of not more
than one-quarter mile on either side of the trail.''.
SEC. 3. CONFORMING AMENDMENT.
Section 10(c) of the National Trails System Act (16 U.S.C. 1249(c))
is amended to read as follows:
``(c)(1) Except as otherwise provided in this Act, there is
authorized to be appropriated such sums as may be necessary to
implement the provisions of this Act relating to the trails designated
by section 5(a).
``(2) Not more than $500,000 may be appropriated for the purposes
of land acquisition and interest therein for the Natchez Trace National
Scenic Trail designated by section 5(a)(12) of this Act, and not more
than $2,000,000 may be appropriated for the purposes of the development
of such trail. The administering agency for the trail shall encourage
volunteer trail groups to participate in the development of the
trail.''.
Purpose of the Measure
The purpose of S. 651, as ordered reported, is to amend the
National Trails System Act to authorize the Federal Government
to acquire lands and interest in lands of nine units of the
National Trails System that presently lack such authority.
Background and Need
Congress enacted the National Trails System Act in 1968 to
provide for the increasing outdoor recreation needs and to
promote the preservation of outdoor areas and historic
resources of the Nation by instituting a national system of
recreation, scenic and historic trails.
Most of the 22 national and scenic trails in the system
provide for Federal acquisition authority to complete the
trails, in many cases from willing sellers only. There is no
existing Federal acquisition authority, however, for nine of
the trails.
In the absence of willing seller acquisition authority,
Federal trail managers are unable to purchase lands or
easements to protect trails when development threatens
important links in the landscapes of the national scenic or
historic trails. In some cases, sections of the trails can be
moved from roads and critical historic sites can be preserved
through willing seller authority.
Legislative History
S. 651 was introduced by Senators Allard and Levin on March
18, 2003. Similar legislation, S. 324, was introduced by
Senator Levin on February 6, 2003. The Subcommittee on National
Parks held a hearing on S. 651 and S. 324 on May 6, 2003.
During the 107th Congress, the Committee considered similar
legislation, S. 1069 sponsored by Senators Levin and others.
Companion legislation, H.R. 834, introduced by Representative
McInnis, and passed the House of Representatives by a vote of
409-3 on March 13, 2001. The Subcommittee on National Parks
held a hearing on S. 1069 and H.R. 834 on March 7, 2002. At the
business meeting on July 31, 2002, the Committee on Energy and
Natural Resources ordered S. 1069, as amended, favorably
reported. The text of S. 1069, as reported, was adopted as an
amendment to H.R. 37, an unrelated trail measure. H.R. 37
passed the Senate by unanimous consent on November 20, 2002.
At the business meeting on June 25, 2003, the Committee on
Energy and Natural Resources ordered S. 651, as amended,
favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 25, 2003, by a majority vote of a
quorum present, recommends that the Senate pass S. 651, if
amended as described herein. Senators Thomas, Craig, and Kyl
requested that they be recorded as voting in thenegative on the
measure.
Committee Amendments
During the consideration of S. 651, the Committee adopted
an amendment in the nature of a substitute. The amendment:
deletes congressional findings; with respect to six of the
trails, limits fee acquisition to one-quarter mile on either
side of the trail; and makes other clarifying and technical
changes. The amendment is explained in detail in the section-
by-section analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``National Trails
System Willing Seller Act.''
Section 2 amends section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)) to provide the authority to acquire
lands from willing sellers for the North Country National
Scenic Trail, Ice Age National Scenic Trail, and Potomac
Heritage National Scenic Trail. This section also provides
willing seller authority, but limits fee acquisition authority
to one-quarter mile on either side of the trail for the Oregon
National Historic Trail, Mormon Pioneer National Historic
Trail, Continental Divide National Scenic Trail, Lewis and
Clark National Historic Trail, Iditarod National Historic
Trail, and Nez Perce National Historic Trail.
The Committee recognizes that some landowners are concerned
that, if they sell an easement to the Federal Government for a
national scenic or historic trail, they might later be held
personally liable for injuries to persons using the trail. The
Committee does not believe that should be the case. It is well
settled that where a landowner sells an easement to another,
the owner of the easement, rather than the owner of the
underlying estate, is responsible for maintaining the easement
in a safe condition. It is equally well settled that abutting
landowners are not liable to trespassers who wander off the
easement and injure themselves on abutting lands.
The Committee has addressed these concerns before, when it
amended the National Trails System Act in 1983. Section 7 of
the Act, as amended in 1983, directs the Secretaries of the
Interior and Agriculture to work with the States to develop
``appropriate measures to protect landowners from trespass
resulting from trail use and from unreasonable personal
liability and property damage caused by trail use.'' Most
States now have recreational use statutes that protect
landowners from liability for injuries not only to trespassers,
but those who use private land for recreational purposes with
the landowner's permission.
The Committee expects the Secretaries of the Interior and
Agriculture to use their existing authorities to protect
willing sellers of less than all of their land from trespass by
persons using national scenic and historic trails and to ensure
that they are adequately protected from unreasonable personal
liability and property damage caused by trail use. The
Secretaries may include appropriate terms and conditions
addressing these concerns in their agreements with willing
sellers.
The Committee is also aware that some property owners have
expressed concerns over continued use of remaining property.
That is an issue that the Committee expects the property owner
and the Secretary to resolve as part of the negotiations. There
is nothing in the Act that limits a landowner from retaining
rights of access or other rights if agreeable to the Secretary.
Concerns that a Secretary may use a limited acquisition as a
basis for attempts to regulate activities on adjacent property
are equally unfounded. Ultimately, of course, landowners may
refuse to sell if their concerns about trespass and liability
as well as continued use and enjoyment of their property remain
unanswered.
Section 3 amends section 10(c) of the National Trails
System Act (16 U.S.C. 1249(c)) to authorize such sums as may be
necessary to implement the provisions of this Act relating to
the trails designated by section 5(a) and sets limits on
appropriations for the Natchez Trace National Scenic Trail.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 1, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 651, the National
Trails System Willing Seller Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 651--National Trails System Willing Seller Act
S. 651 would amend the National Trails System Act to allow
the federal government to purchase land from willing sellers
for nine of the 23 national trails currently in the system.
Under current law, federal agencies are not authorized to spend
funds to acquire land for these nine trails that is outside of
existing federal areas such as national forests or parks. (An
exception to this prohibition is that one site in each state
crossed by each trail may be acquired for an interpretive
site.)
The costs of implementing S. 651 are uncertain because the
federal agencies that administer the national trails have not
completed land protection plans for most of the trails that
would be affected by the legislation. CBO expects that
relatively little land along the nearly 19,000 miles composing
the nine trails would be acquired because most land can
probably be protected in other ways, as it is for most other
trails in the system. Under the bill, total acquisition costs
could be significant, however, because some of the longest
trails would probably require large areas to be purchased. For
example, land acquisition for multistate trails such as the
3,200-mile North Country National Scenic Trail could cost over
$100 million, assuming appropriation of the necessary amounts.
For some of the shorter trails, costs would be much lower. For
example, trails located primarily on state or federal lands,
such as the Iditarod National Historic Trail in Alaska, would
probably require few or no purchases. In any case, all
acquisition funding would be subject to the appropriation of
the necessary amounts and would be spend over a period of
several years. This estimate is based on information provided
by the National Park Service and the Forest Service, which
administer most of the national trails affected by the bill.
Of the other 14 existing national trails (not covered by
this legislation), only the Appalachian National Scenic Trail
has ever received significant appropriated funds for land
acquisition (almost $230 million to date); other trails have
been protected by other methods, including state acquisition,
cooperative agreements with landowners, and inclusion in other
federally administered areas.
S. 651 would not affect direct spending or revenues. The
bill contains no intergovernmental or private-sector mandates
as defined in the Unfunded Mandates Reform Act and would have
no significant impact on the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Paul R. Cullinan, Chief for the
Human Resources Estimates Unit of the Budget Analysis Division.
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. 651. 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. 651, as ordered reported.
Executive Communications
On May 12, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 651. These reports
had not been received at the time the report on S. 651 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement by D. Thomas Ross, Assistant Director, Recreation and
Conservation, 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's views on S. 651, the National Trails System
Willing Seller Act. S. 651 would amend the National Trails
System Act to provide land acquisition authority from willing
sellers, but specifically exclude the use of condemnation, for
nine national scenic and national historic trails established
between 1978 and 1986.
The Department supports the 23 long-distance trails, 15
national historic trails, 8 scenic trails, and 900 national
recreation trails that make up the approximately 50,000 miles
of trails in the National Trails System. National trails are a
popular way of linking together thousands of significant
historic sites and drawing attention to local cultural and
natural resources. This network of trails has provided millions
of visitors across the country with rewarding and enjoyable
outdoor experiences. Thousands of volunteers each year work
tirelessly to plan promote, build, maintain and otherwise care
for these trails.
Trails can provide an important opportunity to promote
citizen involvement and bring together communities. It is this
type of opportunity that is at the center of the Department's
plan to implement a new environmentalism and what Secretary
Norton has termed the ``Four C's''--Communication,
Consultation, and Cooperation, all in the service of
Conservation. The focus of the Four C's is the belief that
enduring conservation springs from partnerships involving the
people who live on, work on, and love the land. One example of
this version is the Secretary's Cooperative Conservation
Initiative (CCI), which builds on existing conservation
partnership programs and provides new and expanded
opportunities for landowners, land managers, and others to
participate in projects that foster innovation and create
incentives for stewardship.
Consistent with this version, we have developed a set of
principles that will serve as an important guide for all land
transactions conducted by the Department. The principles
include:
1. Integrity: Transactions shall meet the highest ethical
standards and comply with all applicable laws, rules,
regulations and codes of professional conduct.
2. Good Faith: Transactions shall occur in good faith and
only with willing parties.
3. Transparency: Transactions shall be pursued
transparently with appropriate opportunities for public
participation.
4. Mission: Transactions shall promote fulfillment of
Departmental and Bureau missions.
5. Citizen Stewardship: Transactions shall be consistent
with the promotion of private stewardship.
6. Innovation: Transactions shall employ easements,
donations and other alternatives to fee title when appropriate.
7. Congressional Direction: The Department shall provide
technical assistance and policy recommendations to Congress,
when requested, and in a manner consistent with these
principles.
Within this framework, the Department recognizes the
positive role the Federal government could play in the
protection of these trails with the authority provided under S.
651. For example, landowners wishing to donate land cannot do
so under current law because the prohibition on using funds to
acquire lands has meant that activities required for a donation
to occur, such as land protection plans or pre-acquisition
services (surveys, tract maps, inventories, priority lists),
also cannot be funded. The current prohibition also applies to
the acquisition of interest in lands, and thus, the Federal
government cannot purchase easements from interested
landowners. It is paramount that we work closely with private
landowners, the community, private volunteer groups, and State
and local governments to discover creative solutions for trail
protection that may not result in fee simple acquisition. To
ensure that such alternative solutions are fully explored, we
have provided a proposed amendment at the end of this
testimony.
In addition to the considerations in our proposed
amendment, we understand that several additional steps would
have to occur before purchase of a trail segment from a willing
seller occurs including: developing a land protection plan;
undergoing a public reviews process; and requesting, obtaining
and prioritizing appropriate funding.
The National Trails System Act was initially developed by
Congress principally to offer Federal assistance and support
for protecting the land base of the Appalachian National Scenic
Trail. When the act was passed in 1968, both the previously
existing Appalachian and Pacific Crest National Scenic Trails
were established as the two initial components of the National
Trails System and 14 more trails were proposed for study as
potential additions to the National Trail System. The core
authorities of the act addressed how to establish nationally
significant trails.
In 1978, the national historic trails category was added to
the National Trails System accompanied by authorization of four
historic trails (Oregon, Mormon Pioneer, Lewis and Clark, and
Iditarod). National historic trails were seen as primarily
commemorative with only limited need for acquisition authority.
Amendments added to the National Trails System Act prohibited
expenditures by Federal agencies to acquire lands or interests
in lands for these trails outside of existing Federal areas.
Amendments added in 1980 and 1983 made this prohibition
applicable to the Continental Divide National Scenic Trail, as
well as to the North Country, Ice Age, and Potomac Heritage
National Scientific Scenic Trails. This means the generic land
acquisition authorities provided in Section 7 of the National
Trails System Act cannot be used on any of these scenic and
historic trails.
Since 1983, most of the trails established under the
National Trails System Act have had language similar to the
following sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the United States for the Pony Express National
Historic Trail except with the consent of the owner thereof.''
This ``willing seller authority'' falls somewhere between the
full land acquisition authority used to protect the Appalachian
and Pacific Crest National Scenic Trails and the ban on Federal
funding for acquiring segments that fall outside of national
parks and forests on the nine trails included in this bill.
From its beginning, the National Trails System was premised
on the establishment, operation, and maintenance of national
trails as collaborative partnership efforts. For land
protection, specifically, state governments and nonprofit
partners are encouraged to protect what they can of the
national trails, with the Federal government embarking on land
acquisition only as a last resort. For example, in Wisconsin,
an arrangement was set up for the Ice Age National Scenic Trail
under which the State of Wisconsin took the lead in acquiring
trail lands, with support from the Ice Age Park and Trail
Foundation and coordination by the National Park Service.
Further, trail nonprofit partners have been encouraged to
develop land trusts to acquire critical lands. This bill is
supported by a broad coalition of trail organizations across
America.
Along historic trails, the major means of protecting the
trail corridor has been through a voluntary certification
process. These five-year renewable agreements between the
Federal Trail agency and the landowner have enabled trail sites
and segments to remain in private ownership and still receive
Federal government as part of a national trail. The advantages
to certification are that it is less costly for the government
and the land remains in private (or State) ownership,
continuing to generate taxes.
It would be impossible to estimate funding requirements
associated with this bill at the time, as the number of willing
sellers is unknown, whether donation, easements, of fee simple
acquisition would be employed is unknown, and the cost of the
land segments for each trail would vary due to geographic
location and the long time span over which the acquisition work
would take place. The Administration will identify the costs
for each trail on a case-by-case basis.
By bringing the land acquisition authority on these nine
trails in line with those in the majority of national scenic
and national historic trails in the National Trail System, S.
651 would allow the Federal government to assist in the
protection of these trails, through donation, easements, and,
as a last reserve resort, fee simple acquisition from
landowners actively interested in selling land for trail
protection.
Mr. Chairman, this concludes my prepared testimony. I would
be happy to answer any questions you or your committee may
have.
Proposed Amendment
On p. 4, line 3, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall employ
easements, donations, and other alternatives to fee title when
appropriate.''
On p. 4, line 10, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall employ
easements, donations, and other alternatives to fee title when
appropriate.''
On p. 4, line 17, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall employ
easements, donations, and other alternatives to fee title when
appropriate.''
On p. 4, line 24, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall employ
easements, donations, and other alternatives to fee title when
appropriate.''
On p. 5, line 7, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall
employee easements, donations, and other alternatives to fee
title when appropriate.''
On p. 5, line 14, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall
employee easements, donations, and other alternatives to fee
title when appropriate.''
On p. 5, line 21. after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall
employee easements, donations, and other alternatives to fee
title when appropriate.''
On p. 6, line 2, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall
employee easements, donations, and other alternatives to fee
title when appropriate.''
On p. 6, line 7, after ``thereof.'' insert ``In acquiring
lands or interests therein, the Federal Government shall
employee easements, donations, and other alternatives to fee
title when appropriate.''
MINORITY VIEWS OF SENATORS THOMAS, CRAIG, AND KYL
On June 25, 2003, the Committee considered and passed S.
651, the ``National Trails System Willing Seller Act.''
Although we believe the bill authors constructed this measure
with meritorious intentions, we have concerns about the
unintended impacts from implementation of this legislation and
the structure of S. 651 as approved by the Committee.
We are avid supporters of the national trails system as
well as public access and recreation on federal land. However,
we are also extremely concerned with maintaining private
landowners' rights to preserve their use and future enjoyment
of their property.
The locations where trail proponents are seeking to acquire
easements, rights-of-way and fee-title interests involve lands
that have traditionally supported agriculture, timber and
mineral extraction. These adjacent private landowners are not
only dependent on federal lands to access their own property;
they also utilize public lands for grazing and sub-surface
resource development. Determining the applicable management
tools for trails and other uses poses substantial impacts for
all lands. Directives developed under the guise of view-shed or
other types of protection could unduly harm and restrict the
rights and future enjoyment of private resources.
We appreciate the Committee's efforts to improve the bill
by limiting acquisition authority for the nine trails discussed
in S. 651 to one-quarter mile and expressing the views about
use through Report language. However, the exclusion of
legislative language to protect future resource development and
access to private lands related to the trails forces us to
oppose the legislation in its current form.
Craig Thomas.
Larry E. Craig.
Jon Kyl.
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. 651, 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):
A. NATIONAL TRAILS SYSTEM ACT
(Public Law 90-543; Approved October 2, 1968)
AN ACT To establish a national trails system, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SHORT TITLE
Section 1. This Act may be cited as the ``National Trails
System Act''.
* * * * * * *
NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS
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:
(1) * * *
(3) The Oregon National Historic Trail, a route of
approximately two thousand miles extending from near
Independence, Missouri, to the vicinity of Portland,
Oregon, following a route as depicted on maps
identified as ``Primary Route of the Oregon Trail 1841-
1848'', in the Department of the Interior's Oregon
Trail study report dated April 1977, and which shall be
on file and available for public inspection in the
office of the Director of the National Park Service.
The trail shall be administered by the Secretary of the
Interior, No lands or interests therein 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 thereof. The
authority of the Federal government to acquire fee
title under this paragraph shall be limited to an
average of not more than one-quarter mile on either
side of the trail.
(4) The Mormon Pioneer National Historic Trail, a
route of approximately one thousand three hundred miles
extending from Nauvoo, Illinois, to Salt Lake City,
Utah, following the primary historical route of the
Mormon Trail as generally depicted on a map, identified
as ``Mormon Trail Vicinity Map, figure 2'' in the
Department of the Interior Mormon Trail study report
dated March 1977, and which shall be on file and
available for public inspection in the office of the
Director, National Park Service, Washington, D.C. The
trail shall be administered by the Secretary of the
Interior. No lands or interests therein 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 thereof. The
authority of the Federal government to acquire fee
title under this paragraph shall be limited to an
average of not more than one-quarter mile on either
side of the trail.
(5) The Continental Divide National Scenic Trail, a
trail of approximately thirty-one hundred miles,
extending from the Montana-Canada border to the New
Mexico-Mexico border, following the approximate route
depicted on the map, identified as ``Proposed
ContinentalDivide National Scenic Trail'' in the
Department of the Interior Continental Divide Trail study report dated
March 1977 and which shall be on file and available for public
inspection in the office of the Chief, Forest Service, Washington, D.C.
The Continental Divide National Scenic Trail shall be administered by
the Secretary of Agriculture in consultation with the Secretary of the
Interior. Notwithstanding the provisions of section 1246(c) of this
title, the use of motorized vehicles on roads which will be designated
segments of the Continental Divide National Scenic Trail shall be
permitted in accordance with regulations prescribed by the appropriate
Secretary. No lands or interests therein 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
thereof. The authority of the Federal government to acquire fee title
under this paragraph shall be limited to an average of not more than
one-quarter mile on either side of the trail.
(6) The Lewis and Clark National Historic Trail, a
trail of approximately three thousand seven hundred
miles, extending from Wood River, Illinois, to the
mouth of the Columbia River in Oregon, following the
outbound and inbound routes of the Lewis and Clark
Expedition depicted on maps identified as, ``Vicinity
Map, Lewis and Clark Trail'' study report dated April
1977. The map shall be on file and available for public
inspection in the office of the Director, National Park
Service, Washington, D.C. The trail shall be
administered by the Secretary of the Interior. No lands
or interests therein 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 thereof. The authority of the
Federal government to acquire fee title under this
paragraph shall be limited to an average of not more
than one-quarter mile on either side of the trail.
(7) The Iditarod National Historic Trail, a route of
approximately two thousand miles extending from Seward,
Alaska, to Nome, Alaska, following the routes as
depicted on maps identified as ``Seward-Nome Trail'',
in the Department of the Interior's study report
entitled ``The Iditarod Trail (Seward-Nome Route) and
other Alaskan Gold Rush Trails'' dated September 1977.
The map shall be on file and available for public
inspection in the office of the Director, National Park
Service, Washington, D.C. The trail shall be
administered by the Secretary of the Interior. No lands
or interests therein 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 thereof. The authority of the
Federal government to acquire fee title under this
paragraph shall be limited to an average of not more
than one-quarter mile on either side of the trail.
(8) The North County National Scenic Trail, a trail
of approximately thirty-two hundred 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 County Trail Report'', dated
June 1975. 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 lands or interests
therein 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 thereof.
* * * * * * *
(10) The Ice Age National Scenic Trail, a trail of
approximately one thousand miles, extending from Door
County, Wisconsin, to Interstate Park in Saint Croix
County, Wisconsin, generally following the route
described in ``On the Trail of the Ice Age--A Hiker's
and Biker's Guide to Wisconsin's Ice Age National
Scientific Reserve and Trail'', by Henry S. Reuss,
Member of Congress, dated 1980. The guide and maps
shall be on file and available for public inspection in
the Office of the Director, National Park Service,
Washington, District of Columbia. Overall
administration of the trail shall be the responsibility
of the Secretary of the Interior pursuant to subsection
(d) of this section. The State of Wisconsin, in
consultation with the Secretary of the Interior, may,
subject to the approval of the Secretary, prepare a
plan for the management of the trail which shall be
deemed to meet the requirements of subsection (e) of
this section. Notwithstanding the provisions of section
1246(c) of this title, snowmobile use may be permitted
on segments of the Ice Age National Scenic Trail where
deemed appropriate by the Secretary and the managing
authority responsible for the segment. No lands or
interests therein 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 thereof.
(11) The Potomac Heritage National Scenic Trail, a
corridor of approximately seven hundred and four miles
following the route as generally depicted on the map
identified as ``National Trails System, Proposed
Potomac Heritage Trail'' in the ``The Potomac Heritage
Trail'', a report prepared by the Department of the
Interior and dated December 1974, except that no
designation of the trail shall be made in the State of
West Virginia. The map shall be on file and available
for public inspection in the office of the Director of
the National Park Service, Washington, District of
Columbia. The trail shall initially consist of only
those segments of the corridor located within the
exterior boundaries of federally administered areas. No
lands or interest therein outside of federally
administered areas as segments of the trail, only upon
application from the States or local governmental
agencies involved, if such segments meet the criteria
established in this chapter and are administered by
such agencies without expense to the United States. The
trail shall be administered by the Secretary of the
Interior. No lands or interests therein 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 thereof.
* * * * * * *
(14) The Nez Perce National Historic Trail, a route
of approximately eleven hundred and seventy miles
extending from the vicinity of Wallowa Lake, Oregon, to
Bear Paw Mountain, Montana, as generally depicted in
``Nez Perce (Nee-Me-Poo) Trail Study Report'' prepared
by the Department of Agriculture and dated March 1982.
The report shall be on file and available for public
inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia. The trail
shall be administered by the Secretary of Agriculture.
No lands or interests therein outside the exterior
boundaries of any federally administered area may be
acquired by the Federal Government for the Nez Perce
National Historic Trail. The Secretary of Agriculture
may designate lands outside of federally administered
areas as segments of the trail upon application from
the States or local governmental agencies involved in
such segments meet the criteria established in this
chapter and are administered by such agencies without
expense to the United States. So that significant route
segments and sites recognized as associated with the
Nez Perce Trail may be distinguished by suitable
markers, the Secretary of Agriculture is authorized to
accept the donation of suitable markers for placement
at appropriate locations. Any such markers associated
with the Nez Perce Trail which are to be located on
lands administered by any other department or agency of
the United States may be placed on such lands only with
the concurrence of the head of such department or
agency. No lands or interests therein outside the
exterior boundaries of any Federally administered areas
may be acquired by the Federal government for the trail
except with the consent of the owner thereof. The
authority of the Federal government to acquire fee
title under this paragraph shall be limited to an
average of not more than one-quarter mile on either
side of the trail.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
Sec. 10. (a)(1) * * *
* * * * * * *
[(c)(1) There is hereby authorized to be appropriated such
sums as may be necessary to implement the provisions of this
chapter relating to the trails designated by section
1244(a)(3), (4), (5), (6), (7), (8), (9), and (10) of this
title: Provided, That no such funds are authorized to be
appropriated prior to October 1, 1978: And provided further,
That notwithstanding any other provisions of this chapter or
any other provisions of law, no funds may be expended by
Federal agencies for the acquisition of lands or interests in
lands outside the exterior boundaries of existing Federal areas
for the Continental Divide National Scenic Trail, the North
Country National Scenic Trail, The Ice Age National Scenic
Trail, the Oregon National Historic Trail, the Mormon Pioneer
National Historic Trail, the Lewis and Clark National Historic
Trail, and the Iditarod National Historic Trail, except that
funds may be expended for the acquisition of lands or interests
therein for the purpose of providing for one trail
interpretation site, as described in section 1246(c) of this
title, along with such trail in each State crossed by the
trail.
(2) Except as otherwise provided in this chapter, there is
authorized to be appropriated such sums as may be necessary to
implement the provisions of this charter relating to the trails
designated by section 1244(a) of this title. Not more than
$500,000 may be appropriated for the purposes of acquisition of
land and interests therein for the trail designated by section
1244(a)(12) of this title, and not more than $2,000,000 may be
appropriated for the purposes of the development of such trail.
The administering agency for the trail shall encourage
volunteer trail groups to participate in the development of the
trail.]
(c)(1) Except as otherwise provided in this Act, there is
authorized to be appropriated such sums as may be necessary to
implement the provisions of this Act relating to the trails
designated by section 5(a).
(2) Not more than $500,000 may be appropriated for the
purposes of land acquisition and interests therein for the
Natchez Trace National Scenic Trail designated by section
5(a)(12) of this Act, and not more than $2,000,000 may be
appropriated for the purposes of the development of such trail.
The administering agency for the trail shall encourage
volunteer trail groups to participate in the development of the
trail.