H.R. 2267 (rh) To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails, and for other purposes. [Reported in House] ...

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106th CONGRESS
  2d Session
                                H. R. 2267


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2000

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 To amend the National Trails System Act to clarify Federal authority 
 relating to land acquisition from willing sellers for the majority of 
                  the trails, 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 ``Willing Seller Amendments of 2000 to 
the National Trails System Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In spite of commendable efforts by the governments of 
        States and political subdivisions of States and private 
        volunteer trail groups to develop, operate, and maintain the 
        national scenic and national historic trails (referred to in 
        this Act as the ``trails''), the rate of progress towards 
        developing and completing the trails is slower than 
        anticipated.
            (2) Nine national scenic and historic trails were 
        authorized by Congress between 1978 and 1986 with restrictions 
        totally excluding Federal authority for land acquisition. To 
        complete these trails as intended by Congress, acquisition 
        authority to secure necessary rights-of-way and historic sites 
        and segments, limited to acquisition from willing sellers only, 
        and specifically excluding condemnation, should be extended to 
        the Secretary administering those trails.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of the Congress that in order to address the 
problems involving multijurisdictional authority over the national 
trails system, the head of each Federal agency with jurisdiction over 
an individual trail should--
            (1) cooperate with appropriate officials of States and 
        political subdivisions of States and private persons with an 
        interest in the trails to pursue the development of the trails; 
        and
            (2) be granted sufficient authority to purchase lands from 
        willing sellers that are critical to the completion of the 
        trails.

SEC. 4. INTENT.

    It is the intent of Congress that lands or interests in lands for 
the nine components of the National Trails System affected by this Act 
shall only be acquired by the Federal Government from willing sellers.

SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS SYSTEM ACT.

    The National Trails System Act (16 U.S.C. 1241 et seq.) is 
amended--
            (1) in section 5(a)--
                    (A) in the fourth sentence of paragraph (11)--
                            (i) by striking ``No lands or interest 
                        therein outside the exterior'' and inserting 
                        ``No lands or interest in lands outside of the 
                        exterior''; and
                            (ii) by inserting before the period the 
                        following: ``without the consent of the owner 
                        of the land or interest''; and
                    (B) in the fourth sentence of paragraph (14)--
                            (i) by striking ``No lands or interests 
                        therein outside the exterior'' and inserting 
                        ``No land or interest in land outside of the 
                        exterior''; and
                            (ii) by inserting before the period the 
                        following: ``without the consent of the owner 
                        of the land or interest''; and
            (2) in section 10(c), by striking paragraph (1) and 
        inserting the following new paragraph:
    ``(c)(1) Notwithstanding any other provision of law (including any 
other provision of this Act), no funds may be expended by the Federal 
Government for the acquisition of any land or interest in land outside 
of the exterior boundaries of existing Federal lands for the 
Continental Divide National Scenic Trail, the North Country National 
Scenic Trail, the Ice Age National Scenic Trail, the Potomac Heritage 
National Scenic Trail, the Oregon National Historic Trail, the Mormon 
Pioneer National Historic Trail, the Nez Perce National Historic Trail, 
the Lewis and Clark National Historic Trail, or the Iditarod National 
Historic Trail, except with the consent of the owner of the land or 
interest. If the Federal Government fails to make payment in accordance 
with a contract for sale of land or an interest in land transferred 
under this paragraph, the seller may avail himself of all remedies 
available under all applicable law, including electing to void the 
sale.''.

            Passed the House of Representatives September 26, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

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