Chisholm National Historic Trail and Western National Historic Trail Designation Act

IB Union Calendar No. 410 117TH CONGRESS 2D SESSION H. R. 2512 [Report No. 117–569] 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 APRIL 14, 2021 Mr. ESTES (for himself, Mr. MANN, Mr. LATURNER, Mr. COLE, and Mr. LUCAS) introduced the following bill; which was referred to the Com- mittee on Natural Resources NOVEMBER 16, 2022 Additional sponsor: Ms. DAVIDS of Kansas NOVEMBER 16, 2022 Reported from the Committee on Natural Resources; committed to the Com- mittee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2512 RH A BILL To amend the National Trails System Act to designate the Chisholm National Historic Trail and the Western Na- tional Historic Trail, and for other purposes. VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2512 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Chisholm National 4 Historic Trail and Western National Historic Trail Des- 5 ignation Act’’. 6 SEC. 2. DESIGNATION OF THE CHISHOLM NATIONAL HIS- 7 TORIC TRAIL AND THE WESTERN NATIONAL 8 HISTORIC TRAIL. 9 Section 5(a) of the National Trails System Act (16 10 U.S.C. 1244(a)) is amended by adding at the end the fol- 11 lowing: 12 ‘‘(l) CHISHOLM NATIONAL HISTORIC TRAIL; 13 WESTERN NATIONAL HISTORIC TRAIL.— 14 ‘‘(A) ESTABLISHMENT.— 15 ‘‘(i) CHISHOLM NATIONAL HISTORIC 16 TRAIL.—The Chisholm National Historic 17 Trail, a trail most heavily used by ranchers 18 and drovers to move cattle to market be- 19 tween 1867 and 1884, extending along a 20 route of approximately 1,378 miles from 21 Kingsville, Texas, through Cuero and San 22 Antonio, Texas, northward through Okla- 23 homa to Abilene, Kansas, as generally de- 24 picted on the maps numbered 1 through 6 25 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2512 RH contained in the report prepared by the 1 National Park Service entitled ‘Chisholm 2 and Great Western National Historic Trail 3 Feasibility Study/Environmental Assess- 4 ment’ and dated May 2019. 5 ‘‘(ii) WESTERN NATIONAL HISTORIC 6 TRAIL.—The Western National Historic 7 Trail, a trail most heavily used by ranchers 8 and drovers to move cattle to market be- 9 tween 1874 and 1897, extending along a 10 route of approximately 1,350 miles from 11 Kingsville, Texas, northward through Okla- 12 homa and Dodge City, Kansas, to Ogallala, 13 Nebraska, as generally depicted on the 14 maps numbered 1 through 6 contained in 15 the report prepared by the National Park 16 Service entitled ‘Chisholm and Great West- 17 ern National Historic Trail Feasibility 18 Study/Environmental Assessment’ and 19 dated May 2019. 20 ‘‘(B) AVAILABILITY OF MAP.—The maps 21 described in subparagraph (A) shall be on file 22 and available for public inspection in the appro- 23 priate offices of the Department of the Interior. 24 ‘‘(C) ADMINISTRATION.— 25 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2512 RH ‘‘(i) IN GENERAL.—The Secretary of 1 the Interior shall administer the trails es- 2 tablished by subparagraph (A) as a single 3 administrative unit. 4 ‘‘(ii) ADMINISTRATION OF PORTIONS 5 OF TRAIL ON NON-FEDERAL LAND.— 6 ‘‘(I) REQUIREMENTS FOR ADMIN- 7 ISTRATION.—The Secretary of the In- 8 terior shall administer any portion of 9 a trail established by subparagraph 10 (A) that is located on non-Federal 11 land only— 12 ‘‘(aa) with the voluntary 13 consent of the owner of the non- 14 Federal land; and 15 ‘‘(bb) if the portion qualifies 16 for certification as a component 17 of the applicable trail, consistent 18 with section 3(a)(3). 19 ‘‘(II) CERTIFICATION AGREE- 20 MENT.— 21 ‘‘(aa) IN GENERAL.—The 22 approval by an owner of applica- 23 ble non-Federal land of a certifi- 24 cation agreement shall satisfy the 25 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2512 RH consent requirements of sub- 1 clause (I)(aa). 2 ‘‘(bb) TERMINATION.—A 3 certification agreement referred 4 to in item (aa) may be termi- 5 nated at any time. 6 ‘‘(iii) ACCESS TO PRIVATE PROP- 7 ERTY.—The establishment of a trail by 8 subparagraph (A) does not authorize any 9 person to enter private property without 10 the consent of the owner of the private 11 property. 12 ‘‘(iv) RECOGNITION OF ALTERNATIVE 13 NAMES FOR TRAILS.—In referring to a 14 trail established by subparagraph (A) in 15 maps and other documents, the Secretary 16 of the Interior may acknowledge and use 17 any alternative name that was historically 18 used to reference the trail, including the 19 ‘Great Western Trail’. 20 ‘‘(D) LAND ACQUISITION.— 21 ‘‘(i) DONATION.—The Secretary of 22 the Interior may accept a donation of land 23 or an interest in land for a trail estab- 24 lished by subparagraph (A). 25 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2512 RH ‘‘(ii) LIMITATION.—The Secretary of 1 the Interior may not acquire for a trail es- 2 tablished by subparagraph (A) any land or 3 interest in land— 4 ‘‘(I) that is located outside the 5 exterior boundary of any federally 6 managed area without the consent of 7 the owner of the land or interest in 8 land; or 9 ‘‘(II) that extends more than an 10 average of 1⁄4 of a mile on either side 11 of a trail established by subparagraph 12 (A). 13 ‘‘(E) EFFECT ON ENERGY DEVELOPMENT, 14 PRODUCTION, OR TRANSMISSION.—Nothing in 15 this paragraph, the acquisition of land or an in- 16 terest in land authorized by this paragraph, or 17 any management plan for a trail established by 18 subparagraph (A) prohibits, hinders, or dis- 19 rupts the development, production, or trans- 20 mission of energy. 21 ‘‘(F) NO BUFFER ZONES.— 22 ‘‘(i) IN GENERAL.—Nothing in this 23 paragraph, the acquisition of land or an in- 24 terest in land authorized by this para- 25 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2512 RH graph, or any management plan for a trail 1 established by subparagraph (A) creates a 2 buffer zone. 3 ‘‘(ii) OUTSIDE ACTIVITIES.—The fact 4 that an activity or use on land outside a 5 trail established by subparagraph (A) can 6 be seen, heard, or detected from the appli- 7 cable trail, including from any land or in- 8 terest in land acquired for the applicable 9 trail, shall not preclude, limit, control, reg- 10 ulate, or determine the conduct or manage- 11 ment of the activity or use outside the ap- 12 plicable trail. 13 ‘‘(G) NO EMINENT DOMAIN OR CONDEMNA- 14 TION.—Land or an interest in land may not be 15 acquired for a trail established by subparagraph 16 (A) by eminent domain or condemnation. 17 ‘‘(H) INVENTORY OF SITES; ADMINISTRA- 18 TIVE COSTS.—The Secretary of the Interior 19 shall be responsible for— 20 ‘‘(i) the costs of any inventory to iden- 21 tify and define potential sites and seg- 22 ments for inclusion in a trail established by 23 subparagraph (A); and 24 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2512 RH ‘‘(ii) any other applicable administra- 1 tive costs relating to a trail established by 2 that subparagraph. 3 ‘‘(I) NOT A DESIGNATION OF ‘LANDS IN 4 THE NATIONAL PARK SYSTEM’.—Notwith- 5 standing any other provision of law, the estab- 6 lishment of a trail by subparagraph (A) shall 7 not have the effect of designating the trail or 8 any land on which the trail is located as ‘lands 9 in the National Park System’ for purposes of 10 section 28(b)(1) of the Mineral Leasing Act (30 11 U.S.C. 185(b)(1)). 12 ‘‘(J) NO NEW AUTHORITIES OR PER- 13 MITS.— 14 ‘‘(i) NO EFFECT ON AUTHORITY TO 15 GRANT EASEMENTS OR RIGHTS-OF-WAY.— 16 ‘‘(I) IN GENERAL.—Notwith- 17 standing any other provision of law, 18 the establishment of a trail by sub- 19 paragraph (A) shall not alter or affect 20 the existing authority of any Federal, 21 State, or local agency or official to 22 grant easements or rights-of-way over, 23 under, across, or along any portion of 24 the trail. 25 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2512 RH ‘‘(II) AUTHORITY OF HEADS OF 1 FEDERAL AGENCIES TO GRANTS EASE- 2 MENTS OR RIGHTS-OF-WAY.—Notwith- 3 standing the establishment of a trail 4 by subparagraph (A), the head of any 5 Federal agency having jurisdiction 6 over any Federal land on which the 7 trail is located (other than land that 8 is considered to be ‘lands in the Na- 9 tional Park System’ for purposes of 10 section 28(b)(1) of the Mineral Leas- 11 ing Act (30 U.S.C. 185(b)(1)) as a re- 12 sult of an establishment under any 13 other law), shall have the authority to 14 grant easements or rights-of-way over, 15 under, across, or along any applicable 16 portion of the trail in accordance with 17 the laws applicable to the Federal 18 land. 19 ‘‘(ii) NO NEW PERMITS REQUIRED.— 20 Notwithstanding any other provision of 21 law, the establishment of a trail by sub- 22 paragraph (A) shall not subject the trail or 23 any land on which the trail is located to 24 any other Federal laws (including regula- 25 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2512 RH tions) requiring a Federal permit or au- 1 thorization that would otherwise be made 2 applicable as a result of the establishment 3 of the trail as a component of the National 4 Trails System.’’. 5 VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 410 117TH CONGRESS 2D SESSION H. R. 2512 [Report No. 117–569] A BILL To amend the National Trails System Act to des- ignate the Chisholm National Historic Trail and the Western National Historic Trail, and for other purposes. NOVEMBER 16, 2022 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H2512.RH H2512 pamtmann on DSKBC07HB2PROD with BILLS