Trail of Tears Documentation Act - Amends the National Trails System Act to add as components of the Trail of Tears National Historic Trail, as generally described in the environmentally preferred alternative of the November 2007 Feasibility Study Amendment and Environmental Assessment for Trail of Tears National Historic Trail, the following routes and land components by which the Cherokee Nation was removed to Oklahoma: (1) the Benge and Bell routes; (2) the land components of the designated water routes in Alabama, Arkansas, Oklahoma, and Tennessee; (3) the routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the emigration depots; and (4) the related campgrounds located along such routes and land components.
Removes a limitation on the authorization of additional appropriations to carry out the addition of such components.
Prohibits acquisition of lands or interests in lands outside the exterior boundaries of any federally administered area by the federal government for the Trail of Tears National Historic Trail except with the consent of the owner.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5335 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5335
To amend the National Trails System Act to provide for the inclusion of
new trail segments, land components, and campgrounds associated with
the Trail of Tears National Historic Trail, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2008
Mr. Wamp (for himself, Mr. Aderholt, Mr. Boozman, Mr. Sullivan, Mr.
Lucas, Mr. Lincoln Davis of Tennessee, Mr. Deal of Georgia, Mr. Cohen,
Mr. Whitfield of Kentucky, Mr. Cole of Oklahoma, Mr. Shuler, Mr. Berry,
Mr. Duncan, Mr. Snyder, Mr. Tanner, Ms. Fallin, Mr. Gingrey, and Mr.
Price of Georgia) introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the National Trails System Act to provide for the inclusion of
new trail segments, land components, and campgrounds associated with
the Trail of Tears National Historic 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. ADDITIONS TO TRAIL OF TEARS NATIONAL HISTORIC TRAIL.
Section 5(a)(16) of the National Trails System Act (16 U.S.C.
1244(a)(16)) is amended as follows:
(1) By amending subparagraph (C) to read as follows:
``(C) In addition to the areas otherwise designated
under this paragraph, the following routes and land
components by which the Cherokee Nation was removed to
Oklahoma are components of the Trail of Tears National
Historic Trail:
``(i) The Benge and Bell routes.
``(ii) The land components of the
designated water routes in Alabama, Arkansas,
Oklahoma, and Tennessee.
``(iii) The routes from the collection
forts in Alabama, Georgia, North Carolina, and
Tennessee to the emigration depots.
``(iv) The related campgrounds located
along the routes and land components described
in clauses (i) through (iii).''.
(2) By striking the first sentence in subparagraph (D).
(3) By adding at the end the following new subparagraphs:
``(E) The Secretary may not use eminent domain to
acquire lands for the Trail of Tears National Historic
Trail and shall only include lands in that trail that
are consistent with and appropriate to the purpose for
which the trail was designated.
``(F) Nothing in this paragraph shall be construed
to--
``(i) require any private property owner to
allow public access (including Federal, State,
or local government access) to such private
property;
``(ii) modify any provision of Federal,
State, or local law with regard to public
access to or use of private property;
``(iii) modify the authority of Federal,
State, or local governments to regulate land
use;
``(iv) require the owner of any private
property located within the boundaries of the
trail to participate in or be associated with
the trail;
``(v) provide any nonexisting regulatory
authority on land use within the trail; or
``(vi) be considered to create any
liability, or to have any effect on any
liability under any other law, of any private
property owner with respect to any persons
injured on such private property.
``(G) The boundaries designated for the trail
represent the area within which Federal funds
appropriated for the purpose of this paragraph may be
expended.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Hearings Held.
Subcommittee on National Parks, Forests, and Public Lands Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-840.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-840.
Placed on the Union Calendar, Calendar No. 540.
Ms. Bordallo moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8498-8500)
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Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8498-8499)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8498-8499)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Energy and Natural Resources.