[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1317 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1317
To require the Secretary of Agriculture and the Secretary of the
Interior to prioritize the completion of the Continental Divide
National Scenic Trail, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Neguse (for himself, Ms. Leger Fernandez, and Ms. Stansbury)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture and the Secretary of the
Interior to prioritize the completion of the Continental Divide
National Scenic Trail, 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 ``Continental Divide Trail Completion
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acequia.--The term ``acequia'' has the meaning given
the term ``community ditch'' in New Mexico Stat. 73-2-27.
(2) Land grant-merced.--The term ``land grant-merced''
means a community land grant issued under the laws or customs
of the Government of Spain or Mexico that is recognized under
chapter 49 of New Mexico Stat. (or a successor statute).
(3) Optimal location review.--The term ``optimal location
review'' means a review conducted in accordance with the
process described in the guide entitled ``Continental Divide
National Scenic Trail Optimal Location Review Guide'' and dated
November 2017.
(4) Secretaries.--The term ``Secretaries'' means each of
the Secretary and the Secretary of the Interior.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(6) Team.--The term ``Team'' means the joint Forest Service
and Bureau of Land Management Trail completion team established
under section 3(b).
(7) Trail.--The term ``Trail'' means the Continental Divide
National Scenic Trail established by section 5(a)(5) of the
National Trails System Act (16 U.S.C. 1244(a)(5)).
SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
(a) Completion of Trail.--
(1) In general.--Not later than November 10, 2028, the
Secretaries shall, to the maximum extent practicable, ensure
the completion of the Trail as a contiguous route, consistent
with sections 3(a)(2), 5(a)(5), and 7 of the National Trails
System Act (16 U.S.C. 1242(a)(2), 1244(a)(5), 1246).
(2) Required activities.--The Secretaries shall, to the
maximum extent practicable, carry out necessary activities to
achieve the goal described in paragraph (1), including the
following activities, in the following order of priority:
(A) Complete the Trail by acquiring land or an
interest in land, entering into easement agreements, or
encouraging a State or local government to enter into a
cooperative agreement to acquire any interest in land,
that is necessary--
(i) to eliminate gaps between sections of
the Trail; and
(ii) to maintain the nature and purposes of
the Trail.
(B) If appropriate and supported by local affected
stakeholders, optimize the Trail by relocating,
consistent with the nature and purposes of the Trail,
existing incompatible portions of the Trail onto
Federal land as necessary to provide for--
(i) maximum outdoor recreation potential;
(ii) the conservation and enjoyment of the
nationally significant scenic, historic,
natural, or cultural qualities of the areas
through which the Trail passes;
(iii) continuity in land ownership, if
desired by the owner of the affected land; and
(iv) segments of the Trail that are
comparable in length to the segments of the
Trail being relocated.
(C) Publish maps of the completed corridor of the
Trail.
(b) Trail Completion Team.--
(1) In general.--In carrying out subsection (a), not later
than 1 year after the date of enactment of this Act, the
Secretaries shall establish a joint Forest Service and Bureau
of Land Management Trail completion team to work in
coordination with the administrator of the Trail to facilitate
the completion and optimization of the Trail, pursuant to the
purposes of section 3(a)(2) of the National Trails System Act
(16 U.S.C. 1242(a)(2)), consistent with the nature and purposes
of the Trail.
(2) Duties of the team.--The Team shall--
(A) carry out land and right-of-way acquisitions,
easement acquisitions, relocations, and Trail
construction activities, consistent with any optimal
location reviews, giving priority to land that--
(i) eliminates gaps between segments of the
Trail;
(ii) may be acquired for the Trail by the
Secretary or the Secretary of the Interior by--
(I) purchase from a willing seller;
(II) donation;
(III) exchange;
(IV) cooperative agreement; or
(V) easement agreement;
(iii) is best suited for inclusion in the
Trail corridor in accordance with the purposes,
policy, and provisions of the National Trails
System Act (16 U.S.C. 1241 et seq.);
(iv) if appropriate and supported by local
affected stakeholders, has been identified as a
segment of the Trail on Federal land that
should be relocated to provide for maximum
outdoor recreation potential and the
conservation and enjoyment of the nationally
significant scenic, historic, natural, or
cultural qualities of the areas through which
the Trail passes;
(v) mitigates land use conflicts;
(vi) would support the development of rural
communities through use as a trail; and
(vii) minimizes the distance to connect
compatible segments of the Trail;
(B) provide the necessary administrative and
technical support to complete conveyances of the Trail
corridor under subsection (a);
(C) as appropriate, consult with other Federal
agencies, Governors of the affected States, affected
Indian Tribes, local governments, affected land owners,
land-grant mercedes, acequias, and applicable owners or
users of a land grant-merced or acequia, the
Continental Divide Trail Coalition, and other volunteer
and nonprofit organizations that assist in the
development, maintenance, and management of the Trail;
and
(D) support the Secretary in the development of the
comprehensive development plan for the Trail under
subsection (c) and annual reports under subsection (f).
(c) Comprehensive Development Plan.--
(1) In general.--Not later than 2 years after the date of
establishment of the Team under subsection (b), the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a comprehensive development plan for
the Trail.
(2) Recommended inclusions.--The plan submitted under
paragraph (1) should--
(A) identify any gaps in the Trail with respect to
which the Secretaries have not been able to acquire
land or interests in land by purchase from a willing
seller, donation, exchange, cooperative agreement, or
easement agreement;
(B) include a plan for closing the gaps identified
under paragraph (1) by acquiring land or interests in
land or entering into an easement agreement; and
(C) include general and site-specific development
plans, including anticipated costs.
(d) Method of Acquisition.--In carrying out this section, the
Secretaries--
(1) may acquire land or an interest in land only by--
(A) purchase from a willing seller with donated or
appropriated funds;
(B) donation;
(C) exchange;
(D) cooperative agreement; or
(E) easement agreement; and
(2) may not acquire land or an interest in land by eminent
domain.
(e) Maintaining Existing Partnerships.--In carrying out this
section, the Secretaries shall continue to maintain and develop working
relationships with volunteer and nonprofit organizations that assist in
the development, maintenance, and management of the Trail.
(f) Reports.--Not later than September 30, 2025, and not later than
the end of each fiscal year thereafter until the date on which the
comprehensive development plan for the Trail is determined by the
Secretary to be fully implemented, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that includes the following:
(1) A description of the progress of the Secretaries in
acquiring land or interests in land to complete the Trail
consistent with this Act.
(2) The quantity of land or interests in land acquired
during the fiscal year and the amount expended for the land or
interests in land.
(3) The quantity of land or interests in land planned for
acquisition in the subsequent fiscal year and the estimated
cost of the land or interests in land.
(4) The estimated quantity of land or interests in land
remaining to be acquired after taking into account the
acquisitions under paragraphs (2) and (3).
(5) The existing number of miles of the Trail on Federal
land that need to be relocated to provide for--
(A) maximum outdoor recreation potential; and
(B) conservation and enjoyment of the nationally
significant scenic, historic, natural, or cultural
qualities of the areas through which the Trail passes.
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