[Senate Report 107-276]
[From the U.S. Government Publishing Office]
Calendar No. 595
107th Congress Report
SENATE
2d Session 107-276
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NATIONAL TRAILS SYSTEM WILLING SELLER ACT
_______
September 12, 2002.--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. 1069]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1069) 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 amendments and recommends that
the bill, as amended, do pass.
The amendments are as follows:
1. On page 2, line 13, strike ``area.'' and insert ``area,
including the North Country National Scenic Trail, the Ice Age
National Scenic Trail, and the Potomac Heritage National Scenic
Trail.''.
2. On page 2, line 14, strike ``these nine trails'' and
insert ``the North Country National Scenic Trail, the Ice Age
National Scenic Trail, and the Potomac Heritage National Scenic
Trail''.
3. Beginning on page 3, line 15 strike all that follows
through the end of the bill and insert the following:
``(a) Limited Acquisition Authority.--
``(1) 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: ``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.''.
``(2) 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: ``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.''.
``(3) 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:
``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.''.
``(b) Conforming Amendment.--Section 10(c)(1) of the
National Trails System Act (16 U.S.C. 1249(c)(1)) is amended by
striking ``the North Country National Scenic Trail, The Ice Age
National Scenic Trail.''.
Purpose
The purpose of S. 1069, as ordered reported, is to amend
the National Trails System Act to provide Federal land
acquisition authority from willing sellers for the North
Country, Ice Age and Potomac Heritage National Scenic Trails.
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.
During the late 1970's and early 1980's, proposed new
national historic and national scenic trails were seen as
primarily commemorative with no need for acquisition authority.
In addition, some supporters of the trails did not believe
their Federal partners would need acquisition authority to
complete their proposed trails.
As a result, amendments to the National Trails System Act
between 1978 and 1983 banned the use of federal funds for any
trail corridor outside Federal boundaries for nine 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.
As ordered reported, S. 1069 would enable the Federal
Government to acquire lands from willing sellers for three of
the affected trails in the System: the North Country National
Scenic Trail, the Ice Age National Scenic Trail, and the
Potomac Heritage National Scenic Trail.
Legislative History
S. 1069 was introduced by Senators Levin, Kohl, Feingold,
Schumer, Johnson, and Stabenow on June 20, 2001. Companion
legislation, H.R. 834, was introduced by Representatives
McInnis on March 1, 2001 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.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass S. 1069, if amended as
described herein.
Committee Amendment
During the consideration of S. 1069, the Committee adopted
three amendments. As introduced, the bill would have provided
Federal acquisition authority, on a willing seller basis, for
all nine trails lacking such authority. Amendment #3 limits the
acquisition authority to three of the nine trails: the North
County National Scenic Trail, the Ice Age National Scenic
Trail, and the Potomac Heritage National Scenic Trail.
Amendments #1 and #2 make conforming changes.
Section-by-Section Analysis
Section 1 contains the short title, the ``National Trails
System Willing Seller Act.''
Section 2 contains congressional findings.
Section 3 is a Sense of the Congress stating that the
Secretary with jurisdiction over a national scenic or historic
trail should cooperate with appropriate State and local
officials and private persons, and should have sufficient
authority to purchase lands and interests therein from willing
sellers.
Section 4(a) amends section 5(a) of the National Trails
System Act (16 U.S.C. 1244(a)) to authorize the Secretary of
the Interior or the Secretary of Agriculture, as appropriate,
to acquire lands on a willing seller basis for the North County
National Scenic Trail, the Ice Age National Scenic Trail, and
the Potomac Heritage National Scenic Trail.
Subsection (b) makes a conforming amendment to section
10(c)(1) of the National Trails System Act (16 U.S.C.
1249(c)(1)).
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, August 15, 2002.
Hon. Jeff Bingaman,
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. 1069, 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,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
S. 1069--National Trails System Willing Seller Act
S. 1069 would amend the National Trails System Act to allow
the federal government to purchase land from willing sellers
for three national trails. Under current law, the National Park
Service (NPS) generally is not authorized to spend federal
funds to acquire land for these trails that is outside of
existing federal areas such as national parks.
The costs of implementing S. 1069 are uncertain because the
NPS has not completed land protection plans for the three
trails cited in the bill. CBO expects that relatively little
land along the nearly 5,000 miles composing the three trails
would be acquired because most land can probably be protected
in other ways, as it is for other trails in the system.
Nevertheless, acquisition costs for at least one trail--the
3,200-mile North Country National Scenic Trail--could exceed
$100 million, assuming appropriation of the necessary amounts.
For the two shorter trails, the Ice Age National Scenic Trail
and the Potomac Heritage National Scenic Trail, CBO expects
that costs would be much lower. In any case, all acquisition
funding would be subject to the appropriation of the necessary
amounts and would probably be spent over a period of several
years. This estimate is based on information provided by the
National Park Service.
S. 1069 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. 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 Peter H. Fontaine, Deputy
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. 1069. 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. 1069, as ordered reported.
Executive Communications
The pertinent legislative report received by the Committee
from the Department of the Interior setting forth Executive
agency recommendations relating to S. 1069 is set forth below:
Department of the Interior,
Office of the Secretary,
Washington, DC, July 29, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on S. 1069 and H.R. 834, identical
bills, both of which would 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.
The Department supports S. 1069 and H.R. 834 with four
technical amendments to the National Trails System Act included
at the end of this letter. These bills would amend the National
Trails System Act to make the act's land protection authorities
more uniform. It would be impossible to estimate funding
requirements at this time, as the number of willing sellers is
unknown and the cost of the land segments for each trail would
vary due to geographic location. The Administration will
identify the costs to acquire and maintain the land segments to
each trail on a case by case basis.
The National Trails Systems Act was 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.
Supporters of some of the subsequent trails, such as the
North Country National Scenic Trail, did not feel that their
Federal partners would need acquisition authority to complete
their proposed trails. In addition, national historic trails
being proposed at that time were seen as primarily
commemorative with no need for acquisition authority. As a
result, amendments were added to the National Trails System Act
between 1978 and 1983 to ban the use of Federal funds for any
trail corridor outside Federal boundaries for nine of the next
trails established. This meant that none of these trails,
including both scenic and historic trails, could complete trail
authorizations.
Since 1983, most of the trails established under the
National Trails System Act have had language similar to the
following clause: ``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'' provides a workable middle
ground between the full land acquisition authority used to
protect the Appalachian and Pacific Crest National Scenic
Trails and the complete ban on acquiring lands for the next
nine trails added to the system.
S. 1069 and H.R. 834 would create consistent land
protection powers, to the degree possible for most of the
component trails of the National Trails System. These bills are
supported by a broad coalition of trail organizations across
America.
From its beginning, the National Trails System was premised
on the establishment, operation, and maintenance of national
trails as a collaborative partnership effort. 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. Many states assume national
trail protection to be considered a Federal effort. Further,
trail nonprofit partners have been encouraged to develop land
trusts to acquire critical lands, but there has been limited
success.
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. However, this process has been
cumbersome and slow while land values have escalated quickly
near urban areas. 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 use
with some degree of public access. Such arrangements tend to be
short term in nature and offer no long-term protection for
significant sites.
No national trails other than the Appalachian and Pacific
Crest National Scenic Trails have land protection plans or pre-
acquisition services (surveys, tract maps, inventories,
priority lists) because the prohibition on using funds to
acquire lands also meant that funds could not be expended for
these activities. This has meant that when landowners wished to
donate lands for these trails to the Federal government, such
transactions could not occur.
There is not a statistical inventory of trail sites and
properties that have not been protected because of the lack of
Federal funds for land protection. However, there are instances
where lack of funding has meant that properties were sold to
those uninterested in the trail, causing relocations,
threatening the integrity and continuity of the trail, and in
the instance of historic trails, threatening the loss of
irreplaceable resources. Without the ownership mapping and
other pre-acquisition information in hand, Federal agencies and
nonprofit partners have been unable to accept donations of
lands and easements.
If S. 1069 or H.R. 834 is passed, there will be at least
five significant benefits for nearby residents and visitors to
national trail corridors:
1. More uniform resource protection and protection
authorities among all the national trails.
2. A more complete ``tool kit'' for Federal agencies and
partners to help protect, as Congress intended, the significant
cultural resources and natural areas associated with America's
national trails.
3. Full market value available to landowners who wish to
sell lands for inclusion in national trails if neither state
agencies nor nonprofit partners are able to acquire the land.
4. Increased likelihood of moving dangerous on-road
sections of national trails to safer, more appropriate off-road
locations.
5. Increased protection for historically significant sites
and segments of national trails.
The National Park Service has found that administering
trails with the current limitations on types of land protection
and with limited means to negotiate directly with landowners
has meant that many of these trails are little more than
``paper trails.'' If the National Trails System is to operate
as a system, certain authorities within the act should be
applied with consistency. The two national trail designations
established in 1968 and all of the trails established since
1983 have had authority to spend Federal funds on lands with
the consent of the owner. S. 1069 and H.R. 834 strive to apply
that same principle to the trails established between 1978 and
1983.
The existing funding mechanisms for trail corridor
protection of national trails are not enough to ensure that the
trails will ever be completed or fully operational. Passage of
willing seller authority will help establish parity among the
trails and enable Federal trail administrators to use all the
available authorities to complete the trails and trail
corridors as they were originally designated.
We recommend four technical amendments to the National
Trails System Act, which correct a few spelling and other
grammatical errors. These amendments are attached to this
letter.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Craig Manson.
Assistant Secretary for Fish and Wildlife and Parks.
Technical Amendments to H.R. 834 and/or S. 1069
On page 7, after 2, add the following new section:
SEC. 6. TECHNICAL AMENDMENTS TO THE NATIONAL TRAILS SYSTEM ACT.
The National Trails System Act (16 U.S.C. 1241) is amended
as follows:
(1) In Section 5(c)(19) by striking ``Kissimme'' and
inserting ``Kissimmee'';
(2) In Section 5(c)(40)(D) by striking ``later that'' and
inserting ``later than'';
(3) In the first sentence of Section 5(d) by striking
``establishment.''; and
(4) In Section 10(c)(1) by striking ``The Ice Age'' and
inserting ``the Ice Age''.
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. 1069, 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) * * *
* * * * * * *
(8) \1\ The North Country 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 Country 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.
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\1\ Paragraph (8) was added by section 101(b) of Public Law 96-199
(94 Stat. 67). However, Public Law 96-199 did not directly amend the
National Trails System Act, but instead amended section 551(9) of the
National Parks and Recreation Act of 1978 (Public Law 95-625; 92 Stat.
3512), which had earlier amended the National Trails System Act by
adding new paragraphs (3) through (7). Although this amendment
technique is unorthodox, the amendment was executed without comment by
the Law Revision Counsel of the House of Representatives and various
commercial publications.
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(9) * * *
(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
section 5(d) of this Act. 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 section 5(e) of this Act. Notwithstanding the
provisions of section 7(c), 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 interest 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 a generally depicted on the map identified as ``National
Trails System, Proposed Potomac Heritage Trail'' as ``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 interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the Potomac Heritage
Trail. The Secretary of the Interior may designate lands
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 Act and are administered by such
agencies without expenses 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.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
Sec. 10. (a)(1) * * *
* * * * * * *
(c) \1\ (1) There is hereby authorized to be appropriated
such sums as may be necessary to implement the provisions of
this Act relating to the trails designated by paragraphs 5(a)
(3), (4), (5), (6), (7), (8), (9), and (10): 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 Act 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 \2\
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 7(c), along with such trail in each State crossed by
the trail.
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\1\ Subsection (c) was amended to read as follows by section
101(b)(4) of Public Law 96-199 (94 Stat. 68). However, Public Law 96-
199 did not directly amend the National Trails System Act, but instead
amended section 551(23) of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3517), which had earlier amended the
National Trails System Act by adding this subsection. Although this
amendment technique is unorthodox, the amendment was executed without
comment by the Law Revision Counsel of the House of Representatives and
various commercial publications.
[\2\ In paragraph (1), the word ``The'' before ``Ice Age National
Scenic Trail'' should be lower case.]
* * * * * * *
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