[Senate Report 114-328]
[From the U.S. Government Publishing Office]
Calendar No. 601
114th Congress } { Report
SENATE
2d Session } { 114-328
======================================================================
AMERICAN DISCOVERY TRAIL ACT OF 2016
_______
September 6, 2016.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2608]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2608) to authorize the Secretary of the
Interior and the Secretary of Agriculture to place signage on
Federal land along the trail known as the ``American Discovery
Trail,'' and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE
The purpose of S. 2608 is to authorize the Secretary of the
Interior and the Secretary of Agriculture to place signage on
Federal land along the trail known as the ``American Discovery
Trail.''
BACKGROUND AND NEED
The American Discovery Trail (Trail) is our nation's only
coast-to-coast, non-motorized, multi-use trail, and stretches
across 6,800 miles and 15 states. Its route links existing
trails, rail-trails, country lanes, small town sidewalks, and
big city greenways. It connects rural towns and cities with
parks and wilderness, and allows people to hike, bike, or ride
horses for an afternoon or a cross-country adventure.
The Trail uses existing public lands to connect: five
National Scenic, 12 National Historic, and 34 National
Recreational Trails; 14 National Parks; and 16 National
Forests. It links some 10,000 sites of historic, cultural, and
natural significance. The Trail is a ``sea-to-shining-sea''
showcase of America's scenic, historic, and cultural treasures.
S. 2608 would authorize the Trail to be fully marked with
signage. Currently, many federal, state, and local land
managers will not allow signs to be installed without an
official federal authorization. The bill would authorize
signage only and would not change or effect management of lands
along the Trail.
LEGISLATIVE HISTORY
S. 2608 was introduced by Senators Kirk and Coons on March
1, 2016. The Subcommittee on National Parks held a hearing to
consider the bill on March 17, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 2608
favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2608.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides a short title for the measure.
Section 2. Definitions
Section 2 provides definitions.
Section 3. Signage along the American Discovery Trail
Section 3 directs the Secretary to place signage on Federal
land as soon as practicable, and specifies that no Federal
funds may be used to acquire such signage.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 19, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2608, the American
Discovery Trail Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
S. 2608--American Discovery Trail Act of 2016
S. 2608 would require federal land management agencies to
place donated signage along the American Discovery Trail, a
6,800-mile trail between Delaware and California. Based on
information provided by the Department of the Interior (DOI),
the Forest Service, and the likely donor of the signage, CBO
estimates that the costs to implement the bill would not be
significant. Enacting the legislation would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
Based on an analysis of information provided by the likely
donor of the signage, CBO estimates that, under the bill, the
Forest Service and agencies within DOI would be required to
place between 2,500 and 5,000 small signs across the United
States. Because we expect that the signage would be placed by
employees performing routine trail maintenance and by
volunteers supervised by the affected agencies, CBO estimates
that implementing the bill would cost less than $500,000,
assuming appropriation of the necessary amounts.
S. 2608 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.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, 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. 2608. 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. 2608, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2608, 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, 2016, Subcommittee on National Parks hearing on S.
2608 follows:
Statement of Peggy O'Dell, Deputy Director for Operations, National
Park Service, U.S. Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 2608, a bill to authorize the Secretary of the
Interior and the Secretary of Agriculture to place signage on
Federal land along the trail known as the ``American Discovery
Trail'', and for other purposes.
The Department would not oppose S. 2608, if amended to make
the authority to place signage discretionary rather than
mandatory, as explained later in this testimony.
S. 2608 would direct the Secretary of the Interior and the
Secretary of Agriculture to place signage denoting the American
Discovery Trail, which is not part of the National Trail
System, on Federal land at points along the trail, as soon as
practicable after signage acceptable to the respective
Secretary is donated. The bill also prohibits the use of
Federal funds for the acquisition of this signage.
The American Discovery Trail (ADT) was proposed in 1990 as
a continuous mid-continent, coast-to-coast trail to link
metropolitan areas to the nation's major long-distance trails,
as well as to shorter local and regional trails. In October
1992, through P.L. 102-461, Congress directed the Secretary of
the Interior to study the feasibility and desirability of
adding the ADT to the National Trails System. This study was
completed in December of 1995, and submitted to Congress in
1998. The over 6,000-mile route of the ADT, as described in
this legislation and mapped in the feasibility study, extends
from Cape Henlopen State Park in Delaware to Point Reyes
National Seashore in California.
The study found that the ADT could be appropriate for
designation as a new class of national trails--National
Discovery Trails--separate from National Scenic Trails or
National Historic Trails. One of the primary reasons for
proposing the establishment of National Discovery Trails would
be to address a potential conflict with National Scenic Trails
following roads. When the ADT was initially proposed, a guiding
principle in identifying the trail's route was that it be
located on public lands and rights-of-way to avoid the
acquisition of private land. This meant that the proposed trail
often was routed along roads. The National Trails System Act
specifically prohibits the use of motorized vehicles along
National Scenic Trails. This new class of trails could be
located along roadways, if necessary, to make the trails
continuous.
Congress has not taken action to authorize a new category
of national trails within the national trails system or to
designate the American Discovery Trail as part of that national
system as the first National Discovery Trail.
In addition, the Department is concerned that the
requirement in S. 2608 to place signage denoting the American
Discovery Trail on Federal land at points along the trail could
compromise Federal land managers' ability to exercise their
discretion with regard to the location of signage and the
protection of sensitive resources.
Individual Federal land managers may allow the signage of
non-Federal trails upon Federal lands, where appropriate, and
in accordance with existing Federal laws, regulations, and
policies. However, Federal land managers also may decline a
request to allow signage of a non-Federal trail in instances
where they believe the signage may have a detrimental impact
upon visitor safety or resource protection.
Furthermore, significant portions of the American Discovery
Trail are located along roadways. While existing Federal laws
and regulations related to the signage of hiking trails along
roadways could potentially preclude some conflicts, there are
other instances in which the signage of a hiking trail is not
specifically prohibited in law, but the Federal land manager
may determine that the siting of signage in a particular
location is inappropriate.
The Department believes that Federal land managers should
retain the ability that they have under current law to
determine the appropriateness of signage on Federal lands. For
that reason, the Department would not oppose the legislation if
it is amended to allow individual Federal land managers the
discretion to make the final determination regarding the
location or inclusion of signage on Federal lands, consistent
with Federal laws, regulations, and policies. We would be happy
to provide suggested language to the committee.
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions that you or other members of the
subcommittee may have.
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 the bill as ordered
reported.
[all]