Chisholm National Historic Trail and Western National Historic Trail Designation Act
This bill designates (1) the Chisholm National Historic Trail, and (2) the Western National Historic Trail.
The Department of the Interior shall administer any portion of these trails that is located on nonfederal land only (1) with the voluntary consent of the owner of the nonfederal land, and (2) if the portion qualifies for certification as a component of the applicable trail. The approval by an owner of applicable nonfederal land of a certification agreement shall satisfy the voluntary consent requirement. A certification agreement may be terminated at any time.
The establishment of these trails does not authorize any person to enter private property without the consent of the private property's owner.
Interior may accept a donation of land or an interest in land for these trails, with specified exceptions.
Land or an interest in land may not be acquired for these trails by eminent domain or condemnation.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8771 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8771
To amend the National Trails System Act to designate the Chisholm
National Historic Trail and the Western National Historic Trail, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2020
Mr. Estes (for himself, Mr. Marshall, Ms. Kendra S. Horn of Oklahoma,
Mr. Arrington, Mr. Cole, and Mr. Watkins) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the National Trails System Act to designate the Chisholm
National Historic Trail and the Western 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. SHORT TITLE.
This Act may be cited as the ``Chisholm National Historic Trail and
Western National Historic Trail Designation Act''.
SEC. 2. DESIGNATION OF THE CHISHOLM NATIONAL HISTORIC TRAIL AND THE
WESTERN NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(31) Chisholm national historic trail; western national
historic trail.--
``(A) Establishment.--
``(i) Chisholm national historic trail.--
The Chisholm National Historic Trail, a trail
used by ranchers and drovers to move cattle to
market between the 1850s and the 1880s,
extending along a route of approximately 1,378
miles from Kingsville, Texas, through Cuero and
San Antonio, Texas, northward through Oklahoma
to Abilene, Kansas, as generally depicted on
the maps numbered 1 through 6 contained in the
report prepared by the National Park Service
entitled `Chisholm and Great Western National
Historic Trail Feasibility Study/Environmental
Assessment' and dated May 2019.
``(ii) Western national historic trail.--
The Western National Historic Trail, a trail
used by ranchers and drovers to move cattle to
market between the 1850s and the 1880s,
extending along a route of approximately 1,350
miles from Kingsville, Texas, northward through
Oklahoma and Dodge City, Kansas, to Ogallala,
Nebraska, as generally depicted on the maps
numbered 1 through 6 contained in the report
prepared by the National Park Service entitled
`Chisholm and Great Western National Historic
Trail Feasibility Study/Environmental
Assessment' and dated May 2019.
``(B) Availability of map.--The maps described in
subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the
Department of the Interior.
``(C) Administration.--
``(i) In general.--The Secretary of the
Interior shall administer the trails
established by subparagraph (A) as a single
administrative unit.
``(ii) Administration of portions of trail
on non-federal land.--
``(I) Requirements for
administration.--The Secretary of the
Interior shall administer any portion
of a trail established by subparagraph
(A) that is located on non-Federal land
only--
``(aa) with the voluntary
consent of the owner of the
non-Federal land; and
``(bb) if the portion
qualifies for certification as
a component of the applicable
trail, consistent with section
3(a)(3).
``(II) Certification agreement.--
``(aa) In general.--The
approval by an owner of
applicable non-Federal land of
a certification agreement shall
satisfy the consent
requirements of subclause
(I)(aa).
``(bb) Termination.--A
certification agreement
referred to in item (aa) may be
terminated at any time.
``(iii) Access to private property.--The
establishment of a trail by subparagraph (A)
does not authorize any person to enter private
property without the consent of the owner of
the private property.
``(iv) Recognition of alternative names for
trails.--In referring to a trail established by
subparagraph (A) in maps and other documents,
the Secretary of the Interior may acknowledge
and use any alternative name that was
historically used to reference the trail.
``(D) Land acquisition.--
``(i) Donation.--The Secretary of the
Interior may accept a donation of land or an
interest in land for a trail established by
subparagraph (A).
``(ii) Limitation.--The Secretary of the
Interior may not acquire for a trail
established by subparagraph (A) any land or
interest in land--
``(I) that is located outside the
exterior boundary of any federally
managed area without the consent of the
owner of the land or interest in land;
or
``(II) that extends more than an
average of \1/4\ of a mile on either
side of a trail established by
subparagraph (A).
``(E) Effect on energy development, production, or
transmission.--Nothing in this paragraph, the
acquisition of land or an interest in land authorized
by this paragraph, or any management plan for a trail
established by subparagraph (A) prohibits, hinders, or
disrupts the development, production, or transmission
of energy.
``(F) No buffer zones.--
``(i) In general.--Nothing in this
paragraph, the acquisition of land or an
interest in land authorized by this paragraph,
or any management plan for a trail established
by subparagraph (A) creates a buffer zone.
``(ii) Outside activities.--The fact that
an activity or use on land outside a trail
established by subparagraph (A) can be seen,
heard, or detected from the applicable trail,
including from any land or interest in land
acquired for the applicable trail, shall not
preclude, limit, control, regulate, or
determine the conduct or management of the
activity or use outside the applicable trail.
``(G) No eminent domain or condemnation.--Land or
an interest in land may not be acquired for a trail
established by subparagraph (A) by eminent domain or
condemnation.
``(H) Inventory of sites; administrative costs.--
The Secretary of the Interior shall be responsible
for--
``(i) the costs of any inventory to
identify and define potential sites and
segments for inclusion in a trail established
by subparagraph (A); and
``(ii) any other applicable administrative
costs relating to a trail established by that
subparagraph.
``(I) Not a designation of `lands in the national
park system'.--Notwithstanding any other provision of
law, the establishment of a trail by subparagraph (A)
shall not have the effect of designating the trail or
any land on which the trail is located as `lands in the
National Park System' for purposes of section 28(b)(1)
of the Mineral Leasing Act (30 U.S.C. 185(b)(1)).
``(J) No new authorities or permits.--
``(i) No effect on authority to grant
easements or rights-of-way.--
``(I) In general.--Notwithstanding
any other provision of law, the
establishment of a trail by
subparagraph (A) shall not alter or
affect the existing authority of any
Federal, State, or local agency or
official to grant easements or rights-
of-way over, under, across, or along
any portion of the trail.
``(II) Authority of heads of
federal agencies to grants easements or
rights-of-way.--Notwithstanding the
establishment of a trail by
subparagraph (A), the head of any
Federal agency having jurisdiction over
any Federal land on which the trail is
located (other than land that is
considered to be `lands in the National
Park System' for purposes of section
28(b)(1) of the Mineral Leasing Act (30
U.S.C. 185(b)(1)) as a result of an
establishment under any other law),
shall have the authority to grant
easements or rights-of-way over, under,
across, or along any applicable portion
of the trail in accordance with the
laws applicable to the Federal land.
``(ii) No new permits required.--
Notwithstanding any other provision of law, the
establishment of a trail by subparagraph (A)
shall not subject the trail or any land on
which the trail is located to any other Federal
laws (including regulations) requiring a
Federal permit or authorization that would
otherwise be made applicable as a result of the
establishment of the trail as a component of
the National Trails System.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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