[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 594 Reported in Senate (RS)]
<DOC>
Calendar No. 391
118th CONGRESS
2d Session
S. 594
[Report No. 118-175]
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 SENATE OF THE UNITED STATES
March 1, 2023
Mr. Heinrich (for himself and Mr. Daines) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
May 16, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Continental Divide Trail
Completion Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Acequia.--The term ``acequia'' has the meaning
given the term ``community ditch'' in New Mexico Stat. 73-2-
27.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Secretaries.--The term ``Secretaries'' means
each of the Secretary and the Secretary of the
Interior.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of the
Forest Service.</DELETED>
<DELETED> (6) Team.--The term ``Team'' means the joint
Forest Service and Bureau of Land Management Trail completion
team established under section 3(b).</DELETED>
<DELETED> (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)).</DELETED>
<DELETED>SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.</DELETED>
<DELETED> (a) Completion of Trail.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) to eliminate gaps between
sections of the Trail; and</DELETED>
<DELETED> (ii) to maintain the nature and
purposes of the Trail.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) maximum outdoor recreation
potential;</DELETED>
<DELETED> (ii) the conservation and
enjoyment of the nationally significant scenic,
historic, natural, or cultural qualities of the
areas through which the Trail passes;</DELETED>
<DELETED> (iii) continuity in land
ownership, if desired by the owner of the
affected land; and</DELETED>
<DELETED> (iv) segments of the Trail that
are comparable in length to the segments of the
Trail being relocated.</DELETED>
<DELETED> (C) Publish maps of the completed corridor
of the Trail.</DELETED>
<DELETED> (b) Trail Completion Team.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Duties of the team.--The Team shall--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) eliminates gaps between
segments of the Trail;</DELETED>
<DELETED> (ii) may be acquired for the Trail
by the Secretary or the Secretary of the
Interior by--</DELETED>
<DELETED> (I) purchase from a
willing seller;</DELETED>
<DELETED> (II) donation;</DELETED>
<DELETED> (III) exchange;</DELETED>
<DELETED> (IV) cooperative
agreement; or</DELETED>
<DELETED> (V) easement
agreement;</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (v) mitigates land use
conflicts;</DELETED>
<DELETED> (vi) would support the development
of rural communities through use as a trail;
and</DELETED>
<DELETED> (vii) minimizes the distance to
connect compatible segments of the
Trail;</DELETED>
<DELETED> (B) provide the necessary administrative
and technical support to complete conveyances of the
Trail corridor under subsection (a);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) support the Secretary in the
development of the comprehensive development plan for
the Trail under subsection (c) and annual reports under
subsection (f).</DELETED>
<DELETED> (c) Comprehensive Development Plan.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Recommended inclusions.--The plan submitted
under paragraph (1) should--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) include general and site-specific
development plans, including anticipated
costs.</DELETED>
<DELETED> (d) Method of Acquisition.--In carrying out this section,
the Secretaries--</DELETED>
<DELETED> (1) may acquire land or an interest in land only
by--</DELETED>
<DELETED> (A) purchase from a willing seller with
donated or appropriated funds;</DELETED>
<DELETED> (B) donation;</DELETED>
<DELETED> (C) exchange;</DELETED>
<DELETED> (D) cooperative agreement; or</DELETED>
<DELETED> (E) easement agreement; and</DELETED>
<DELETED> (2) may not acquire land or an interest in land by
eminent domain.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Reports.--Not later than September 30, 2024, 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:</DELETED>
<DELETED> (1) A description of the progress of the
Secretaries in acquiring land or interests in land to complete
the Trail consistent with this Act.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (5) The existing number of miles of the Trail on
Federal land that need to be relocated to provide for--
</DELETED>
<DELETED> (A) maximum outdoor recreation potential;
and</DELETED>
<DELETED> (B) conservation and enjoyment of the
nationally significant scenic, historic, natural, or
cultural qualities of the areas through which the Trail
passes.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continental Divide National Scenic
Trail Completion Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Trail.--The term ``Trail'' means the Continental Divide
National Scenic Trail.
(3) Trail completion team.--The term ``Trail Completion
Team'' means the joint Forest Service-Bureau of Land Management
Trail completion team established under section 4(a).
SEC. 3. COMPLETION OF CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
Subject to the availability of appropriations, the Secretary and
the Secretary of the Interior shall seek to complete the Trail as a
continuous route not later than the 50th anniversary of the date of
designation of the Trail as a national scenic trail.
SEC. 4. TRAIL COMPLETION TEAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Secretary of the Interior shall
establish a joint Forest Service-Bureau of Land Management Trail
completion team to work in coordination with the administrator of the
Trail--
(1) to facilitate the completion and optimization of the
Trail, consistent with the purposes of the Trail; and
(2) to assist in the development of the comprehensive
development plan for the Trail under section 5.
(b) Consultation.--As appropriate, the Trail Completion Team shall
consult with other Federal agencies, affected State, Tribal, and local
governments, landowners, affected land-grant mercedes owners and users,
acequias, and other interested parties in--
(1) the completion and optimization of the Trail; and
(2) the development and completion of the comprehensive
development plan for the Trail under section 5.
SEC. 5. COMPREHENSIVE DEVELOPMENT PLAN FOR THE CONTINENTAL DIVIDE
NATIONAL SCENIC TRAIL.
(a) In General.--Not later than 3 years after the date of
establishment of the Trail Completion Team under section 4(a), the
Secretary shall complete a comprehensive development plan for the
Trail.
(b) Plan Inclusions.--The comprehensive development plan under
subsection (a) shall--
(1) identify any gaps in the Trail for which the Secretary
and the Secretary of the Interior have not been able to acquire
land;
(2) identify opportunities for the use of easements
acquired from willing sellers to facilitate completion of the
Trail; and
(3) include general and site-specific Trail development
plans, including anticipated costs of the plans.
SEC. 6. PARTNERSHIPS.
The Secretary and the Secretary of the Interior shall seek to enter
into agreements with volunteer and nonprofit organizations, as
appropriate, to facilitate the completion and administration of the
Trail.
SEC. 7. EFFECT.
Nothing in this Act--
(1) provides any authority to acquire land or interests in
land for inclusion in the Trail beyond the authorities provided
for the Trail in the National Trails System Act (16 U.S.C. 1241
et seq.), including acquisition by eminent domain; or
(2) makes the acquisition of land or interests in land for
the Trail a priority over other land acquisition
authorizations.
Calendar No. 391
118th CONGRESS
2d Session
S. 594
[Report No. 118-175]
_______________________________________________________________________
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.
_______________________________________________________________________
May 16, 2024
Reported with an amendment