[Senate Report 110-167]
[From the U.S. Government Publishing Office]
Calendar No. 365
110th Congress Report
SENATE
1st Session 110-167
======================================================================
NATIONAL TRAILS SYSTEM WILLING SELLER ACT
_______
September 17, 2007.--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. 169]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 169) 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 amendent 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 ``National Trails System Willing Seller
Act''.
SEC. 2. AUTHORITY TO ACQUIRE LAND 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 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. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited
to an average of not more than \1/4\ mile 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 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. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited
to an average of not more than \1/4\ 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 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. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited
to an average of not more than \1/4\ 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 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. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited
to an average of not more than \1/4\ 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 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. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited
to an average of not more than \1/4\ 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 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.''.
(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 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.''.
(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--
(1) by striking the fourth and fifth sentences; and
(2) by adding at the end the following: ``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.''.
(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--
(1) by striking the fourth and fifth sentences; and
(2) by adding at the end the following: ``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. The authority of the Federal Government to
acquire fee title under this paragraph shall be limited to an
average of not more than \1/4\ mile on either side of the
trail.''.
SEC. 3. CONFORMING AMENDMENT.
Section 10 of the National Trails System Act (16 U.S.C. 1249) is
amended by striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this Act,
there are authorized to be appropriated such sums as are
necessary to implement the provisions of this Act relating to
the trails designated by section 5(a).
``(2) Natchez trace national scenic trail.--
``(A) In general.--With respect to the Natchez Trace
National Scenic Trail (referred to in this paragraph as
the `trail') designated by section 5(a)(12)--
``(i) not more than $500,000 shall be
appropriated for the acquisition of land or
interests in land for the trail; and
``(ii) not more than $2,000,000 shall be
appropriated for the development of the trail.
``(B) Participation by volunteer trail groups.--The
administering agency for the trail shall encourage
volunteer trail groups to participate in the
development of the trail.''.
Purpose
The purpose of S. 169 is to amend the National Trails
System Act to provide authority to purchase lands from willing
sellers for nine designated trails that currently lack such
authority.
Background and Need
Congress enacted the National Trails System Act in 1968 (16
U.S.C. 1241 et seq.) to provide for increased outdoor
recreation needs and ``to promote the preservation of, public
access to, travel within, and enjoyment and appreciation of the
open-air, outdoor areas and historic resources of the Nation''
by instituting a national system of recreation, scenic, and
historic trails.
Section 7 of the National Trails System Act gives the
Secretary of the Interior or Secretary of Agriculture, as
appropriate, authority to acquire private lands for inclusion
in the trail. Over the past several years, legislation
designating new trails has limited this authority to
acquisition from willing sellers only (no condemnation).
However, for nine trails that are part of the system--the
Oregon National Historic Trail, the Mormon Pioneer National
Historic Trail, the Continental Divide National Scenic Trail,
the Lewis and Clark National Historic Trail, the Iditarod
National Historic Trail, the North Country National Scenic
Trail, the Ice Age National Scenic Trail, the Potomac Heritage
National Scenic Trail, and the Nez Perce National Historic
Trail--the United States has no acquisition authority.
In the absence of authority to acquire lands from willing
sellers, Federal trail managers are unable to purchase lands or
easements to protect trails from inappropriate development or
to ensure public access. Enactment of S. 169 will enable
Federal land managers to purchase lands from willing sellers
only, to provide the same authority for these nine trails as
exist for the rest of the trails in the system.
Legislative History
S. 169 was introduced by Senators Allard and Levin on
January 4, 2007. The Subcommittee on National Parks held a
hearing on the bill on April 26, 2007 (S. Hrg. 110-88).
During the 109th Congress, Senators Allard and Levin
introduced a similar bill, S. 974. Senator Levin also
introduced a bill providing acquisition authority only for the
North Country National Scenic Trail, S. 3979. In the 108th
Congress, Senator Levin introduced S. 324, and Senator Allard
sponsored S. 651, both of which were similar to the current
bill. The Subcommittee on National Parks held a hearing on both
S. 324 and S. 651 on May 6, 2003 (S. Hrg. 108-47), and the
Committee ordered S. 651 to be favorably reported on June 25,
2003 (S. Rept. 108-95) (with minority views). S. 651 passed the
Senate by unanimous consent on July 17, 2003.
During the 107th Congress, the House of Representatives
passed a companion measure, H.R. 834, sponsored by Congressman
McInnis, by a vote of 409-3 on March 13, 2001. During that
Congress, the Committee also considered a similar bill
sponsored by Senator Levin, S. 1069. The Subcommittee on
National Parks held a hearing on S. 1069 and H.R. 834 on March
7, 2002. The Committee ordered S. 1069 to be favorably
reported, with amendments, on July 31, 2002. The text of S.
1069, as reported, was adopted by the Senate as an amendment to
H.R. 37, an unrelated trail measure. H.R. 37 passed the Senate
by unanimous consent on November 20, 2002; however the House
and Senate were unable to reconcile the different bills prior
to the sine die adjournment of the Congress.
At its business meeting on July 25, 2007, the Committee on
Energy and Natural Resources ordered S. 169 favorably reported
with an amendment in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass S. 169, if amended as
described herein.
Committee Amendment
During its consideration of S. 169, the Committee adopted
an amendment in the nature of a substitute. The amendment made
several conforming changes to the bill and 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)(3) of the National Trails
System Act (16 U.S.C. 1244(a)(3)) to authorize the United
States to acquire lands and interests therein from willing
sellers for addition to nine components of the system: the
Oregon National Historic Trail; the Mormon Pioneer National
Historic Trail; the Continental Divide National Scenic Trail,
the Lewis and Clark National Historic Trail; the Iditarod
National Historic Trail, the North Country National Scenic
Trail; the Ice Age National Scenic Trail; the Potomac Heritage
National Scenic Trail; and the Nez Perce National Historic
Trail. In addition, the section makes conforming amendments to
the paragraphs designating the Potomac Heritage National Scenic
Trail and the Nez Perce National Historic Trail.
The section further limits acquisition authority for six of
the trails--the Oregon National Historic Trail, the Mormon
Pioneer National Historic Trail, the Continental Divide
National Scenic Trail, the Lewis and Clark National Historic
Trail, the Iditarod National Historic Trail, and the Nez Perce
National Historic Trail--by restricting Federal acquisition of
fee title for each trail to an average of not more than one-
quarter mile on either side of the trail. With respect to these
trails, the Committee notes that nothing in this Act or the
National Trails System Act authorizes the Secretary of the
Interior or the Secretary of Agriculture to impose restrictions
on private lands, and that any Federal land acquisition along
these trails does not affect the agency's management authority
for Federal lands outside of the trail corridor, including
lands within the viewshed of the trail.
Section 3 makes a conforming amendment to section 10(c) of
the National Trails System Act (16 U.S.C. 1249(c)).
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
August 3, 2007.
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. 169, 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,
Peter R. Orszag.
Enclosure.
S. 169--National Trails System Willing Seller Act
S. 169 would amend the National Trails System Act to allow
the federal government to purchase land from willing sellers
for nine of the 25 national trails currently in the system.
Under current law, federal agencies are not authorized to spend
funds to acquire land or other property interests for those
nine trails that are 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. 169 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 spent 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 16 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.
Enacting S. 169 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 impose no costs on 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. 169. 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. 169, as ordered reported.
Executive Communications
The testimony provided by the National Park Service at the
April 26, 2007, Subcommittee hearing follows:
Statement by 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's views on S. 169, the National Trails System
Willing Seller Act. S. 169 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 S. 169, which is similar to
legislation the Department supported during the 108th Congress.
The Department supports the 17 national historic trails, 8
scenic trails, and 900 national recreation trails that make up
the approximately 60,000 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. The
Department of the Interior has 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.
169. For example, current provisions of the National Trails
System Act prohibit the expenditure of funds to acquire lands
and do not provide clear authority to accept donated lands or
easements. The current prohibition on using funds to acquire
lands 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, local communities, 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 review 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 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, forests and wildlife refuges 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 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 recognition as part of a national historic 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 this time, as the number of
willing sellers is unknown, whether donation, easements, or 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.
169 would allow the Federal government to assist in the
protection of these trails, through donation, easements, and,
as a last 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.
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
S. 169, 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):
Public Law 90-543--Oct. 2, 1968
16 U.S.C. 1241 et seq.
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Trails System
Act''.
* * * * * * *
SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS.
(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:
* * * * * * *
(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 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. The authority of the Federal
Government to acquire fee title under this paragraph
shall be limited to an average of not more than \1/4\
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 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. The authority of the Federal
Government to acquire fee title under this paragraph
shall be limited to an average of not more than \1/4\
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
Continental Divide 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 7(c), 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 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.
The authority of the Federal Government to acquire fee
title under this paragraph shall be limited to an
average of not more than \1/4\ 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 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.
The authority of the Federal Government to acquire fee
title under this paragraph shall be limited to an
average of not more than \1/4\ 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 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.
The authority of the Federal Government to acquire fee
title under this paragraph shall be limited to an
average of not more than \1/4\ mile on either side of
the trail.
(8) 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 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.
* * * * * * *
(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 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.
(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 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 initally 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 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.
* * * * * * *
(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 if
such segments meet the criteria established in this Act
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 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. The authority of the Federal
Government to acquire fee title under this paragraph
shall be limited to an average of not more than \1/4\
mile on either side of the trail.
* * * * * * *
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
* * * * * * *
[(c)(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 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.
[(2) 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). Not more than $500,000 may be
appropriated for the purposes of acquisition of land and
interests therein for the 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.]
(c) Authorization of Appropriations.--
(1) In general.--Except as otherwise provided in this
Act, there are authorized to be appropriated such sums
as are necessary to implement the provisions of this
Act relating to the trails designated by section 5(a).
(2) Natchez trace national scenic trail.--
(A) In general.--With respect to the Natchez
Trace National Scenic Trail (referred to in
this paragraph as the `trail') designated by
section 5(a)(12)--
(i) not more than $500,000 shall be
appropriated for the acquisition of
lands or interests in land for the
trail; and
(ii) not more than $2,000,000 shall
be appropriated for the development of
the trail.
(B) Participation by volunteer trail
groups.--The administering agency for the trail
shall encourage volunteer groups to participate
in the development of the trail.