[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9159 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9159
To enhance the preservation, maintenance, and management of national
historic trails and national scenic trails, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2024
Mr. Lawler (for himself and Mr. Beyer) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To enhance the preservation, maintenance, and management of national
historic trails and national scenic 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 ``Appalachian Trail Centennial Act''.
SEC. 2. CONGRESSIONAL DECLARATION OF POLICY.
Congress declares that--
(1) the large landscape conservation work relating to
national historic trails and national scenic trails is built on
partnership, collaboration, and community engagement;
(2) national historic trails and national scenic trails--
(A) are landscape conservation tools; and
(B) are federally designated areas, but may include
portions of non-Federal land under the National Trails
System Act (16 U.S.C. 1241 et seq.);
(3) national historic trails and national scenic trails are
intended to be developed and protected over time,
collaboratively and cooperatively, to further the purposes of
the National Trails System Act (16 U.S.C. 1241 et seq.);
(4) the Appalachian National Scenic Trail, 1 of the first 2
components of the National Trails System--
(A) is a realm of natural, scenic, historical, and
cultural wonder available to all; and
(B) is a model for cooperative stewardship
(historically known as ``cooperative management'') in
the National Trails System;
(5) the centennial of the Appalachian National Scenic Trail
in 2025 is an opportunity to strengthen the precepts of the
cooperative management model--
(A) pioneered on the Appalachian National Scenic
Trail; and
(B) to be replicated as appropriate throughout the
National Trails System;
(6) the development of the Appalachian National Scenic
Trail is in large part due to the efforts of volunteer
organizations (commonly referred to as ``Appalachian Trail
Maintaining Clubs'') that--
(A) directly or through subdivisions or subsidiary
organizations, have coordinated the participation of
tens of thousands of volunteers for the planning,
construction, development, and stewardship of the
Appalachian National Scenic Trail, which inspired the
establishment of the National Trails System; and
(B) are the expert, dispersed corps of volunteers
who provide much of the day-to-day cooperative
operation of the Appalachian National Scenic Trail;
(7) there are inherently governmental functions referred to
in the National Trails System Act (16 U.S.C. 1241 et seq.)
relating to administration of national historic trails and
national scenic trails, which is distinct from management and
operation of those trails;
(8) the Federal Government is responsible for
administration and, where the United States is the landowner,
management of national historic trails and national scenic
trails cooperatively stewarded under this Act, while sharing,
to the extent the Secretary concerned determines to be
practicable, operational responsibilities for those trails with
Designated Operational Partners and other cooperating
individuals and entities pursuant to cooperative agreements;
(9) operation of a national historic trail or national
scenic trail does not require land management authority over
the land on which the national historic trail or national
scenic trail is located; and
(10) it is the policy of the Federal Government that
national historic trails and national scenic trails--
(A) are conservation units managed and operated in
partnership with State and nongovernmental entities;
and
(B) while administered by Federal agencies, are
intended to be cooperatively developed with non-Federal
governmental and nongovernmental partners.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``administration'', with
respect to a covered trail, means the roles and
responsibilities that--
(A) are charged to the Secretary concerned, as
described in section 7(a) of the National Trails System
Act (16 U.S.C. 1246(a)), with respect to the covered
trail; and
(B) may not be shared with any other individual or
entity.
(2) Comprehensive plan.--The term ``comprehensive plan''
means a comprehensive plan for a covered trail submitted under
subsection (e) or (f) of section 5 of the National Trails
System Act (16 U.S.C. 1244).
(3) Cooperative management.--The term ``cooperative
management'', with respect to a covered trail, means the
negotiated division of roles and responsibilities relating to
the stewardship and development of the covered trail that are--
(A) permissible under law; and
(B) within the categories of--
(i) administration;
(ii) management; and
(iii) operation.
(4) Cooperative management system.--The term ``cooperative
management system'', with respect to a covered trail, means the
negotiated management structure for cooperative management of
the covered trail, including--
(A) Federal and State trust resource managers;
(B) Tribal governments;
(C) nongovernmental organizations; and
(D) volunteers organized by entities described in
subparagraphs (A) through (C).
(5) Covered trail.--The term ``covered trail'' means a
national historic trail or national scenic trail designated by
section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)).
(6) Designated operational partner.--The term ``Designated
Operational Partner'', with respect to a covered trail, means
the entity designated for the covered trail under paragraph (1)
or (2) of section 4(a).
(7) Gateway community.--The term ``gateway community''
means a municipality or unincorporated settlement in the
vicinity of a covered trail.
(8) Management.--The term ``management'', with respect to a
covered trail, means the roles as responsibilities under
applicable law of the owner of the land, or any interest in
land, on which the covered trail is located with respect to the
covered trail.
(9) Operation.--
(A) In general.--The term ``operation'', with
respect to a covered trail, means any activity
permissible under law that--
(i) is carried out on land on which the
covered trail is located pursuant to a
cooperative agreement;
(ii) is not an activity of administration;
and
(iii) does not infringe on any management
or ownership authority of the applicable land
manager, if the land manager is not the
individual or entity carrying out the activity.
(B) Inclusions.--The term ``operation'' includes--
(i) acquisition of land for a covered
trail;
(ii) construction and maintenance of a
facility or other improvement on, across, or
along a covered trail;
(iii) the provision of services for a
covered trail;
(iv) conceptual development of a covered
trail;
(v) maintenance of the treadway of a
covered trail;
(vi) conducting a research project relating
to a covered trail;
(vii) the provision to volunteers of
education and training relating to methods of
planning for, construction of, and maintenance
of a covered trail; and
(viii) the stewardship of natural,
cultural, or other resources associated with a
covered trail.
(10) Proposed priority list.--The term ``proposed priority
list'' means a proposed priority list for a covered trail
developed under section 4(f)(1).
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to a covered trail
administered by the Secretary; and
(B) the Secretary of Agriculture, with respect to a
covered trail administered by the Secretary of
Agriculture.
(13) Volunteer organization.--The term ``volunteer
organization'' means an entity that coordinates the
participation of individuals in the operation of a covered
trail, whether directly or through a subdivision or subsidiary
organization.
SEC. 4. ESTABLISHING DESIGNATED OPERATIONAL PARTNERS FOR NATIONAL
HISTORIC TRAILS AND NATIONAL SCENIC TRAILS.
(a) Designation.--
(1) Appalachian trail conservancy.--Not later than 1 year
after the date of enactment of this Act, the Secretary
concerned shall designate the Appalachian Trail Conservancy as
the Designated Operational Partner for the Appalachian National
Scenic Trail.
(2) Additional designations.--
(A) In general.--In addition to the designation
under paragraph (1), the Secretary concerned may
designate an eligible entity described in subparagraph
(B) to serve as the Designated Operational Partner for
any other covered trail.
(B) Description of eligible entities.--An eligible
entity referred to in subparagraph (A) is an
organization, institution, corporation, or other entity
that, as determined by the Secretary concerned--
(i) is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of that Code;
(ii) has demonstrated experience in the
operation, maintenance, and preservation of the
resources of the covered trail, regardless of
whether the experience was before or after the
designation of the covered trail under the
National Trails System Act (16 U.S.C. 1241 et
seq.);
(iii) has a plan for providing,
facilitating, and coordinating the services of
volunteers to contribute to the stewardship of
the covered trail;
(iv) has a record, including through a
predecessor organization, of engagement with
the establishment, management, maintenance, or
operation of the covered trail;
(v) adheres to reasonable financial,
accounting, and risk management practices;
(vi) adheres to applicable requirements of
Federal agreements, grants, and contracts; and
(vii) would not supplant a volunteer
organization already serving a substantial
operational role trail-wide or across a
significant portion of the covered trail unless
the Secretary concerned has determined that the
lead management partner has failed to perform
its responsibilities as agreed to or assigned
under a management agreement with respect to
the covered trail.
(C) Qualifications.--
(i) In general.--An eligible entity
designated as a Designated Operational Partner
under subparagraph (A) shall be considered to
possesses unique expertise, location capacity,
cost-sharing ability, or other unique qualities
relevant to the designation as a Designated
Operational Partner for the covered trail.
(ii) Present-funded activity.--Designation
of a Designated Operational Partner for a
covered trail shall be considered to be a
continuation or completion of a present-funded
activity.
(3) Rescission.--The Secretary concerned may rescind the
designation of an eligible entity as a Designated Operational
Partner under paragraph (2) if the Secretary concerned
determines that the eligible entity has ceased to meet 1 or
more of the criteria described in subparagraph (B) of that
paragraph.
(b) Cooperation in Operation.--
(1) In general.--The Secretary concerned may, subject to
such terms and conditions as the Secretary concerned considers
to be appropriate, enter into a cooperative agreement with a
Designated Operational Partner for a covered trail to provide
for the operation of the covered trail.
(2) Requirements and authorities.--A cooperative agreement
under paragraph (1)--
(A) shall be for a term of not more than 20 years;
(B) shall be for the purpose of facilitating the
effective and efficient operation of the applicable
covered trail under the cooperative management system
of the covered trail; and
(C) may allow for sharing of responsibilities
between the Designated Operational Partner and other
entities.
(3) Authorized activities.--Notwithstanding any other
provision of law, the Secretary concerned may, through a
cooperative agreement under paragraph (1)--
(A) provide financial assistance to the Designated
Operational Partner for the purpose of carrying out
cooperative management activities, in accordance with
section 7 or 11 of the National Trails System Act (16
U.S.C. 1246, 1250), for the purpose of--
(i) providing stewardship for, preserving,
conserving, or restoring--
(I) the natural resources of the
covered trail;
(II) the historical and cultural
resources of the covered trail;
(III) the scenic resources of the
covered trail; or
(IV) the recreational resources of
the covered trail;
(ii) providing stewardship for, developing,
constructing, or maintaining facilities
associated with the covered trail, including
maintaining the treadway of a covered trail;
(iii) developing, delivering, or acquiring
educational materials or public communications
regarding the covered trail, including maps and
guides to facilitate use of the covered trail;
or
(iv) conducting activities to facilitate
appropriate usage of the covered trail;
(B) carry out cooperative management activities for
the covered trail; and
(C) provide goods or services to, or receive funds,
goods, or services from, a Designated Operational
Partner.
(4) Surplus personal property.--Notwithstanding sections
541 through 559 of title 40, United States Code, a Federal
agency may dispose of surplus personal property by transferring
the property to a Designated Operational Partner, to be used by
the Designated Operational Partner for purposes of carrying out
a cooperative agreement under paragraph (1), subject to the
requirement that the cooperative agreement shall prohibit the
Designated Operational Partner, or any subsidiary or
subdivision of the Designated Operational Partner, from--
(A) using the transferred property for purposes
other than carrying out the duties and authorities of
the Designated Operational Partner under the
cooperative agreement; or
(B) transferring the transferred property to a
recipient that is not a part of the cooperative
management system of the covered trail.
(5) Additional resources.--A Designated Operational Partner
may seek and accept funds, property, or services from
individuals, foundations, corporations, and other private and
public entities--
(A) to carry out a cooperative agreement under
paragraph (1); or
(B) for related purposes.
(6) Cooperative agreement.--A cooperative agreement under
paragraph (1)--
(A) shall be considered to be a cooperative
agreement under chapter 63 of title 31, United States
Code; and
(B) in accordance with the assignment of
responsibilities for the administration, management,
and operation of the covered trail, may be a
multilateral agreement among the Designated Operational
Partner, the Secretary, and the Secretary of
Agriculture, as applicable.
(c) Proactive Cooperative Management Consultation.--The Secretary
concerned shall proactively engage Designated Operational Partners in
considering management actions that may affect efforts to fulfill the
nature and purposes of a covered trail, as described in the
comprehensive plan for the covered trail--
(1) to determine the overall potential impact of the
administration and management actions on the covered trail;
(2) to develop alternatives or opportunities to avoid or
mitigate undesirable impacts of administration and management
actions on the covered trail; and
(3) to use trail information to develop plans that achieve
the desired management outcome for the covered trail.
(d) Protection of Property Rights.--
(1) In general.--If the Designated Operational Partner for
a covered trail becomes aware of an allegation of trespass or
other infringement or violation of a property right held by the
Federal Government that adversely affects the identified
cultural, natural, scenic, recreational, or historical
resources of the covered trail, the Designated Operational
Partner may submit to the Secretary concerned and the United
States Attorney for the Federal district court in which the
alleged violation occurred a written request--
(A) to investigate the allegation; and
(B) to enforce the rights of the United States by
preventing, reducing, mitigating, or remediating the
adverse effects of the alleged violation.
(2) Notice.--
(A) In general.--A request under paragraph (1)
shall include, to the maximum extent practicable,
detailed information relating to the alleged trespass,
infringement, or violation, including--
(i) the nature, location, duration, and
known identity of any alleged offender;
(ii) any efforts carried out to address the
alleged violation;
(iii) any impacts of the alleged violation
on the applicable covered trail or resources of
the covered trail; and
(iv) any requested remedy.
(B) Submission requirements.--A request under
paragraph (1) shall be--
(i) submitted to the Secretary concerned
and appropriate United States Attorney by--
(I) electronic means; or
(II) delivery to the address on
file for official correspondence; and
(ii) clearly identified as a ``Designated
Operational Partner Request for Redress''.
(C) Signatures.--A request under paragraph (1) may
be signed by--
(i) the applicable Designated Operational
Partner; and
(ii) any other entity operating under a
cooperative or other agreement to support the
cooperative management system of the applicable
covered trail.
(3) Response.--
(A) Assessment.--Not later than 60 days after the
date on which a request is submitted under paragraph
(1), the Secretary shall submit to the United States
Attorney for the Federal district court in which the
applicable alleged trespass, infringement, or violation
occurred and the Designated Operational Partner an
assessment of the alleged violation.
(B) Additional information from designated
operational partner.--Not later than 30 days after the
date on which the Designated Operational Partner
receives an assessment under subparagraph (A), the
Designated Operational Partner may provide to the
Secretary concerned and the relevant United States
Attorney additional information relating to the alleged
violation.
(C) Response from united states attorney.--Not
later than 150 days after the date on which a request
is submitted to a United States Attorney under
paragraph (1), or not later than 60 days after the date
on which a Designated Operational Partner provides
additional information under subparagraph (B) to the
United States Attorney, if applicable, the United
States Attorney shall submit to the Secretary concerned
and the Designated Operational Partner information
regarding whether the United States Attorney is
pursuing redress for the alleged violation.
(4) Litigation costs.--In issuing any final order in an
action brought under this subsection, the relevant Federal
district court may award to a Designated Operational Partner
the costs of litigation (including reasonable attorney and
expert witness fees) if the Designated Operational Partner is a
prevailing or substantially prevailing party in the action, as
the court determines to be appropriate.
(5) Effect.--Nothing in this subsection--
(A) limits any cause of action that the Federal
Government may have under any other law;
(B) obligates--
(i) a Designated Operational Partner to
participate, or to present claims or defenses,
in any civil action relating to the property
rights of the Federal Government; or
(ii) the Federal Government to participate,
or to present claims or defenses, in any civil
action relating to the property rights of the
Designated Operational Partner; or
(C) makes--
(i) a Designated Operational Partner a
necessary party in any action relating to the
property rights of the Federal Government; or
(ii) the Federal Government a necessary
party in any action relating to the property
rights of the Designated Operational Partner.
(e) Volunteer Services.--
(1) Considerations.--In establishing and carrying out any
policy relating to volunteers for a covered trail, the
Secretary and the Secretary of Agriculture shall consider the
volunteer coordination needs and practices of the applicable
Designated Operational Partner and associated nongovernmental
organizations engaged in the cooperative management of the
covered trail through the cooperative management system of the
covered trail.
(2) Proactive cooperative management required.--Before
establishing or modifying a policy described in paragraph (1),
the Secretary concerned shall--
(A) consult with any Designated Operational Partner
engaged in operation of a covered trail; and
(B) take into account any considerations required
under that paragraph.
(f) Land and Resource Preservation Proposed Priority Lists.--
(1) In general.--Each Designated Operational Partner shall
periodically develop and submit to the Secretary concerned and
the heads of any other appropriate Federal land management
agencies a proposed priority list for land and resource
protection for the applicable covered trail.
(2) Applicable law.--A proposed priority list shall be
considered to advance the planning and development of the
applicable covered trail in accordance with section 2(c) of the
National Trails System Act (16 U.S.C. 1241(c)).
(3) Contents.--A Designated Operational Partner shall
include on a proposed priority list--
(A) the location and current ownership of each
parcel of land identified for inclusion in the
applicable covered trail;
(B) the desired nature of ownership of each parcel
of land identified for inclusion in the covered trail,
including as a partial or fee ownership;
(C) the name of the owner of each identified parcel
of land;
(D) a description of the benefit to the covered
trail in the preservation of scenic, recreational,
historical, natural, or cultural values for which the
covered trail was designated; and
(E) the name of any nongovernmental partner
committed to advancing the protection of parcels of
land identified on the proposed priority list for
inclusion in the covered trail.
(4) Input; criteria.--In developing a proposed priority
list, a Designated Operational Partner shall--
(A) solicit input from a variety of governmental,
nongovernmental, Federal, and State partners, the scope
of which shall be limited to a landscape or
physiographic region agreed to by the Designated
Operational Partner and the Secretary concerned; and
(B) establish criteria to prioritize land and
resource protection recommendations included on the
proposed priority list.
(5) Use of federal funds.--
(A) In general.--In using Federal funds to protect
land for a covered trail--
(i) the Secretary concerned shall
prioritize the use of funds for land identified
for Federal protection in the applicable
proposed priority list, except to the extent
that the Secretary concerned determines, based
on considerations set forth in the National
Trails System Act (16 U.S.C. 1241 et seq.) and
the comprehensive plan for the covered trail,
and subject to subparagraph (B), that--
(I) a parcel of land included on
the proposed priority list should not
be prioritized; or
(II) a parcel of land not included
on the proposed priority list should be
prioritized instead of a parcel of land
included on the proposed priority list;
and
(ii) a State shall incorporate land
identified for State protection in the
applicable land and resource conservation plan
of the State, as appropriate, in accordance
with State law.
(B) Notice.--If the Secretary concerned determines
under subparagraph (A)(i) that a parcel of land
included on the proposed priority list should not be
prioritized or that a parcel of land not included on
the proposed priority list should be prioritized
instead of a parcel of land included on the proposed
priority list, the Secretary concerned shall submit to
the Designated Operational Partner notice of the
determination, including a detailed explanation of the
reason for the determination.
(6) Reports.--Not less frequently than once every 5 years,
the Secretaries concerned shall submit to Congress a report
that describes any progress or lack of progress of the
Secretaries concerned with respect to advancing land and
resource conservation objectives under proposed priority lists.
(7) Authorization of appropriations.--There are authorized
to be appropriated to each of the Secretary and the Secretary
of Agriculture such sums as are necessary to carry out planning
activities relating to the development or updating of proposed
priority lists under this subsection.
(g) Other Agreements.--The Secretary concerned may enter into
agreements with 1 or more entities that are not Designated Operational
Partners, in accordance with the applicable procedures of the
Department of the Interior or the Department of Agriculture, as
applicable, and consistent with the National Trails System Act (16
U.S.C. 1241 et seq.)--
(1) to provide services with respect to a covered trail
that are not provided by the Designated Operational Partner; or
(2) to advance partnerships for a covered trail to
strengthen volunteer engagement and cooperative management,
consistent with the comprehensive plan for the applicable
covered trail.
(h) Exemption From FACA.--Chapter 10 of title 5, United States
Code, shall not apply to a Designated Operational Partner or any
committee established before, on, or after the date of enactment of
this Act for purposes of a cooperative management system.
(i) Comprehensive Plans.--
(1) In general.--Notwithstanding subsections (e) and (f) of
section 5 of the National Trails System Act (16 U.S.C. 1244), a
Designated Operational Partner may accept or reject--
(A) a proposed comprehensive plan for the
applicable covered trail; and
(B) any amendments or revisions to the
comprehensive plan for the applicable covered trail.
(2) Regulations.--In accordance with section 7(i) of the
National Trails System Act (16 U.S.C. 1246(i)), the Secretary
and the Secretary of Agriculture shall jointly promulgate
regulations establishing procedures for resolving disputes with
respect to the rejection of a comprehensive plan under
paragraph (1).
(3) Report.--If a comprehensive plan rejected by a
Designated Operational Partner under paragraph (1) is
subsequently submitted to Congress, the Secretary concerned
shall submit to the appropriate committees of Congress a report
that describes the basis for the submission of the rejected
comprehensive plan by the Secretary concerned.
SEC. 5. IMPROVING COVERED TRAIL PLANNING AND DEVELOPMENT.
(a) Visitation Assessment.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary and the Secretary of
Agriculture shall identify 1 or more methods to assess
visitation on covered trails.
(2) Consultation required.--For purposes of identifying
methods under paragraph (1), the Secretary and the Secretary of
Agriculture shall consult with a variety of land managers and
cooperative management partners for covered trails, including--
(A) in the Department of Agriculture, the Chief of
the Forest Service and the Under Secretary for Rural
Development;
(B) in the Department of the Interior,
representatives from the National Park Service, the
Bureau of Land Management, and the United States Fish
and Wildlife Service;
(C) representatives from State agencies
participating in cooperative management systems;
(D) representatives from gateway communities and
tourism boards that support covered trails, such as
through agency and nongovernmental partnerships;
(E) representatives from the Federal Highway
Administration;
(F) representatives from the Interagency Council on
the National Trails System;
(G) Designated Operational Partners; and
(H) other nongovernmental cooperative management
partners for covered trails.
(3) Report.--
(A) In general.--Not later than 5 years after the
date on which methods are identified under paragraph
(1), and not less frequently than once every 5 years
thereafter, the Secretary and the Secretary of
Agriculture shall make available to cooperative
management partners of the applicable covered trail and
the public a report describing the estimated visitation
at each covered trail for the period covered by the
report.
(B) Carrying capacity.--
(i) In general.--The carrying capacity of a
covered trail that is subject to subsection (e)
or (f) of section 5 of the National Trails
System Act (16 U.S.C. 1244) shall be considered
to be the desired use conditions of the
applicable covered trail, as determined in
accordance with applicable guidelines
established by the Interagency Council on
Visitor Use Management.
(ii) Report.--The carrying capacity for a
covered trail not described in clause (i) shall
be determined using the visitation numbers for
the applicable covered trail identified by the
Secretary or the Secretary of Agriculture in
the initial report under subparagraph (A).
(4) Monitoring.--The Secretary and the Secretary of
Agriculture, in cooperation with the Designated Operational
Partner for a covered trail, if applicable, shall, on an
ongoing basis, monitor--
(A) the number of visitors to, and the character of
visitor use of, each covered trail, using the 1 or more
methods identified under paragraph (1); and
(B) the effectiveness of management actions in
achieving and maintaining desired conditions for the
covered trail.
(b) Economic Impact Assessment.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, and not less frequently than once every
5 years thereafter, the Secretary and the Secretary of
Agriculture shall identify 1 or more methods to assess the
economic impact of covered trails on gateway communities.
(2) Requirements.--In identifying methods under paragraph
(1), the Secretary and the Secretary of Agriculture shall, to
the maximum extent practicable--
(A) aggregate and extrapolate economic impact
information from existing data, such as data from land
units on which covered trails are located;
(B) use State and county economic impact
information;
(C) partner with State and local governments; and
(D) leverage the cooperative management systems of
the covered trails and local and landscape-wide
partnerships to obtain and process relevant information
and report any relevant findings.
(c) Advancing Covered Trail Planning.--
(1) Findings.--Congress finds that--
(A) the designation of a covered trail is the onset
of the long-term development and planning for the
covered trail, rather than the conclusion of those
activities; and
(B) the cultivation of partnerships, the
acquisition of land, including interests in land and
land use agreements, the conduct of accessible and
inclusive interpretation, and the development of
recreational facilities, as appropriate for covered
trails, are needed to advance the purposes of the
National Trails System Act (16 U.S.C. 1241 et seq.) to
meet the ever-expanding outdoor recreation needs of the
United States.
(2) Reports.--The Secretary and the Secretary of
Agriculture, acting jointly, 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) not later than 3 years after the date of
enactment of this Act, a report that describes the
successes and challenges in developing and planning
covered trails; and
(B) not later than 5 years after the date of
enactment of this Act, a report that assesses the
desired conditions and use of facilities on each
covered trail with respect to--
(i) visitor usage of specific segments or
sites of the covered trail, including the
extent to which visitors use the covered trail
in groups of not fewer than 10 individuals;
(ii) proposed priority segments or sites
for additional facilities or protection of
additional land or resources identified by
relevant cooperative management partners, which
shall be considered to be included on a
proposed priority list for the covered trail if
the covered trail has an identified Designated
Operational Partner; and
(iii) any activities that the Secretary and
the Secretary of Agriculture determine are
necessary to advance the development of and
planning for the covered trail consistent with
the model used for the Appalachian National
Scenic Trail.
(3) Community engagement.--In preparing the reports under
paragraph (2), the Secretary and the Secretary of Agriculture
shall consult with--
(A) communities located in the vicinity of the
proposed segments and sites described in paragraph
(2)(B)(ii);
(B) federally recognized Indian Tribes;
(C) any Federal and State agencies that manage land
traversed by covered trails; and
(D) Designated Operational Partners and other
cooperative management partners of covered trails.
(d) Exemption From FACA.--Chapter 10 of title 5, United States
Code, shall not apply to any committee established before, on, or after
the date of enactment of this Act to carry out activities under this
section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary and the Secretary of Agriculture for each
of fiscal years 2025 through 2030--
(1) such sums as are necessary--
(A) to identify the methods under subsections (a)
and (b); and
(B) to prepare the reports required under
subsection (c); and
(2) such sums as are necessary for the acquisition,
construction, and development of facilities (including the
acquisition of land or interests in land) for covered trails.
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