What This Bill Does
This bill requires the Secretary of Agriculture and the Secretary of the Interior to finish the Continental Divide National Scenic Trail as one continuous walking route. The bill establishes a team to complete missing sections of the trail and creates a plan for how to do this work.
##
Who It Affects
- The U.S. Department of Agriculture (through the Forest Service)
- The Department of Interior (through the Bureau of Land Management)
- Private landowners along the trail route
- State and local governments in affected areas
- Native American tribes in affected areas
- Volunteer and nonprofit organizations that maintain the trail
- People who use the trail for hiking and recreation
##
Key Provisions
- The two federal agencies must finish the trail as a connected route by November 10, 2028, to the greatest extent possible. The work includes acquiring land, making easement agreements (legal permissions to cross private land), and moving trail sections onto federal land when appropriate. (Sec. 3(a)(1) and (a)(2))
- The agencies must create a joint team of Forest Service and Bureau of Land Management employees within one year of this law taking effect to complete and improve the trail by working with local communities, tribes, and volunteer groups. (Sec. 3(b)(1))
- The agencies can only acquire land through willing sellers, donations, exchanges, cooperative agreements, or easement agreements and cannot use eminent domain (seizing private property for public use). (Sec. 3(d))
- The Secretary of Agriculture must submit a comprehensive development plan to Congress within two years of creating the team that identifies remaining gaps in the trail and explains how to close them. (Sec. 3(c)(1))
- The Secretary must provide yearly reports to Congress describing how much land was acquired, how much money was spent, and how much land still needs to be acquired until the development plan is fully implemented. (Sec. 3(f))
##
What Changes
If this becomes law, federal agencies will be required to prioritize finishing the Continental Divide National Scenic Trail as a complete connected path. The government will establish an official team with a specific deadline to complete this work. The federal agencies will actively seek to acquire or gain permission to use private land to fill gaps in the trail, but only from willing property owners. Congress will receive regular reports on progress toward completion.
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Important Definitions
- **Acequia:** A community ditch as defined under New Mexico law
- **Land grant-merced:** A community land grant issued under Spanish or Mexican law that is recognized under New Mexico law
- **Optimal location review:** A review process conducted according to the "Continental Divide National Scenic Trail Optimal Location Review Guide" dated November 2017
- **Trail:** The Continental Divide National Scenic Trail
##
Effective Date
Not specified in bill text
II
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 Nat-
ural 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 Conti-
nental Divide National Scenic Trail, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Continental Divide
2
Trail Completion Act’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) ACEQUIA.—The term ‘‘acequia’’ has the
6
meaning given the term ‘‘community ditch’’ in New
7
Mexico Stat. 73–2–27.
8
(2) LAND
GRANT-MERCED.—The term ‘‘land
9
grant-merced’’
means
a
community
land
grant
10
issued under the laws or customs of the Government
11
of Spain or Mexico that is recognized under chapter
12
49 of New Mexico Stat. (or a successor statute).
13
(3) OPTIMAL
LOCATION
REVIEW.—The term
14
‘‘optimal location review’’ means a review conducted
15
in accordance with the process described in the
16
guide entitled ‘‘Continental Divide National Scenic
17
Trail Optimal Location Review Guide’’ and dated
18
November 2017.
19
(4)
SECRETARIES.—The
term
‘‘Secretaries’’
20
means each of the Secretary and the Secretary of
21
the Interior.
22
(5) SECRETARY.—The term ‘‘Secretary’’ means
23
the Secretary of Agriculture, acting through the
24
Chief of the Forest Service.
25
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(6) TEAM.—The term ‘‘Team’’ means the joint
1
Forest Service and Bureau of Land Management
2
Trail completion team established under section
3
3(b).
4
(7) TRAIL.—The term ‘‘Trail’’ means the Con-
5
tinental Divide National Scenic Trail established by
6
section 5(a)(5) of the National Trails System Act
7
(16 U.S.C. 1244(a)(5)).
8
SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
9
(a) COMPLETION OF TRAIL.—
10
(1) IN
GENERAL.—Not later than November
11
10, 2028, the Secretaries shall, to the maximum ex-
12
tent practicable, ensure the completion of the Trail
13
as a contiguous route, consistent with sections
14
3(a)(2), 5(a)(5), and 7 of the National Trails Sys-
15
tem Act (16 U.S.C. 1242(a)(2), 1244(a)(5), 1246).
16
(2)
REQUIRED
ACTIVITIES.—The
Secretaries
17
shall, to the maximum extent practicable, carry out
18
necessary activities to achieve the goal described in
19
paragraph (1), including the following activities, in
20
the following order of priority:
21
(A) Complete the Trail by acquiring land
22
or an interest in land, entering into easement
23
agreements, or encouraging a State or local
24
government to enter into a cooperative agree-
25
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•S 594 RS
ment to acquire any interest in land, that is
1
necessary—
2
(i) to eliminate gaps between sections
3
of the Trail; and
4
(ii) to maintain the nature and pur-
5
poses of the Trail.
6
(B) If appropriate and supported by local
7
affected stakeholders, optimize the Trail by re-
8
locating, consistent with the nature and pur-
9
poses of the Trail, existing incompatible por-
10
tions of the Trail onto Federal land as nec-
11
essary to provide for—
12
(i) maximum outdoor recreation po-
13
tential;
14
(ii) the conservation and enjoyment of
15
the nationally significant scenic, historic,
16
natural, or cultural qualities of the areas
17
through which the Trail passes;
18
(iii) continuity in land ownership, if
19
desired by the owner of the affected land;
20
and
21
(iv) segments of the Trail that are
22
comparable in length to the segments of
23
the Trail being relocated.
24
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(C) Publish maps of the completed corridor
1
of the Trail.
2
(b) TRAIL COMPLETION TEAM.—
3
(1) IN GENERAL.—In carrying out subsection
4
(a), not later than 1 year after the date of enact-
5
ment of this Act, the Secretaries shall establish a
6
joint Forest Service and Bureau of Land Manage-
7
ment Trail completion team to work in coordination
8
with the administrator of the Trail to facilitate the
9
completion and optimization of the Trail, pursuant
10
to the purposes of section 3(a)(2) of the National
11
Trails System Act (16 U.S.C. 1242(a)(2)), con-
12
sistent with the nature and purposes of the Trail.
13
(2) DUTIES OF THE TEAM.—The Team shall—
14
(A) carry out land and right-of-way acqui-
15
sitions, easement acquisitions, relocations, and
16
Trail construction activities, consistent with any
17
optimal location reviews, giving priority to land
18
that—
19
(i) eliminates gaps between segments
20
of the Trail;
21
(ii) may be acquired for the Trail by
22
the Secretary or the Secretary of the Inte-
23
rior by—
24
(I) purchase from a willing seller;
25
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•S 594 RS
(II) donation;
1
(III) exchange;
2
(IV) cooperative agreement; or
3
(V) easement agreement;
4
(iii) is best suited for inclusion in the
5
Trail corridor in accordance with the pur-
6
poses, policy, and provisions of the Na-
7
tional Trails System Act (16 U.S.C. 1241
8
et seq.);
9
(iv) if appropriate and supported by
10
local affected stakeholders, has been identi-
11
fied as a segment of the Trail on Federal
12
land that should be relocated to provide for
13
maximum outdoor recreation potential and
14
the conservation and enjoyment of the na-
15
tionally significant scenic, historic, natural,
16
or cultural qualities of the areas through
17
which the Trail passes;
18
(v) mitigates land use conflicts;
19
(vi) would support the development of
20
rural communities through use as a trail;
21
and
22
(vii) minimizes the distance to connect
23
compatible segments of the Trail;
24
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•S 594 RS
(B) provide the necessary administrative
1
and technical support to complete conveyances
2
of the Trail corridor under subsection (a);
3
(C) as appropriate, consult with other Fed-
4
eral agencies, Governors of the affected States,
5
affected Indian Tribes, local governments, af-
6
fected
land
owners,
land-grant
mercedes,
7
acequias, and applicable owners or users of a
8
land grant-merced or acequia, the Continental
9
Divide Trail Coalition, and other volunteer and
10
nonprofit organizations that assist in the devel-
11
opment, maintenance, and management of the
12
Trail; and
13
(D) support the Secretary in the develop-
14
ment of the comprehensive development plan
15
for the Trail under subsection (c) and annual
16
reports under subsection (f).
17
(c) COMPREHENSIVE DEVELOPMENT PLAN.—
18
(1) IN GENERAL.—Not later than 2 years after
19
the date of establishment of the Team under sub-
20
section (b), the Secretary shall submit to the Com-
21
mittee on Energy and Natural Resources of the Sen-
22
ate and the Committee on Natural Resources of the
23
House of Representatives a comprehensive develop-
24
ment plan for the Trail.
25
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•S 594 RS
(2)
RECOMMENDED
INCLUSIONS.—The
plan
1
submitted under paragraph (1) should—
2
(A) identify any gaps in the Trail with re-
3
spect to which the Secretaries have not been
4
able to acquire land or interests in land by pur-
5
chase from a willing seller, donation, exchange,
6
cooperative agreement, or easement agreement;
7
(B) include a plan for closing the gaps
8
identified under paragraph (1) by acquiring
9
land or interests in land or entering into an
10
easement agreement; and
11
(C) include general and site-specific devel-
12
opment plans, including anticipated costs.
13
(d) METHOD OF ACQUISITION.—In carrying out this
14
section, the Secretaries—
15
(1) may acquire land or an interest in land only
16
by—
17
(A) purchase from a willing seller with do-
18
nated or appropriated funds;
19
(B) donation;
20
(C) exchange;
21
(D) cooperative agreement; or
22
(E) easement agreement; and
23
(2) may not acquire land or an interest in land
24
by eminent domain.
25
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•S 594 RS
(e)
MAINTAINING
EXISTING
PARTNERSHIPS.—In
1
carrying out this section, the Secretaries shall continue to
2
maintain and develop working relationships with volunteer
3
and nonprofit organizations that assist in the develop-
4
ment, maintenance, and management of the Trail.
5
(f) REPORTS.—Not later than September 30, 2024,
6
and not later than the end of each fiscal year thereafter
7
until the date on which the comprehensive development
8
plan for the Trail is determined by the Secretary to be
9
fully implemented, the Secretary shall submit to the Com-
10
mittee on Energy and Natural Resources of the Senate
11
and the Committee on Natural Resources of the House
12
of Representatives a report that includes the following:
13
(1) A description of the progress of the Secre-
14
taries in acquiring land or interests in land to com-
15
plete the Trail consistent with this Act.
16
(2) The quantity of land or interests in land ac-
17
quired during the fiscal year and the amount ex-
18
pended for the land or interests in land.
19
(3) The quantity of land or interests in land
20
planned for acquisition in the subsequent fiscal year
21
and the estimated cost of the land or interests in
22
land.
23
(4) The estimated quantity of land or interests
24
in land remaining to be acquired after taking into
25
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•S 594 RS
account the acquisitions under paragraphs (2) and
1
(3).
2
(5) The existing number of miles of the Trail
3
on Federal land that need to be relocated to provide
4
for—
5
(A) maximum outdoor recreation potential;
6
and
7
(B) conservation and enjoyment of the na-
8
tionally significant scenic, historic, natural, or
9
cultural qualities of the areas through which
10
the Trail passes.
11
SECTION 1. SHORT TITLE.
12
This Act may be cited as the ‘‘Continental Divide Na-
13
tional Scenic Trail Completion Act’’.
14
SEC. 2. DEFINITIONS.
15
In this Act:
16
(1) SECRETARY.—The term ‘‘Secretary’’ means
17
the Secretary of Agriculture.
18
(2) TRAIL.—The term ‘‘Trail’’ means the Conti-
19
nental Divide National Scenic Trail.
20
(3) TRAIL COMPLETION TEAM.—The term ‘‘Trail
21
Completion Team’’ means the joint Forest Service-Bu-
22
reau of Land Management Trail completion team es-
23
tablished under section 4(a).
24
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•S 594 RS
SEC. 3. COMPLETION OF CONTINENTAL DIVIDE NATIONAL
1
SCENIC TRAIL.
2
Subject to the availability of appropriations, the Sec-
3
retary and the Secretary of the Interior shall seek to com-
4
plete the Trail as a continuous route not later than the 50th
5
anniversary of the date of designation of the Trail as a na-
6
tional scenic trail.
7
SEC. 4. TRAIL COMPLETION TEAM.
8
(a) IN GENERAL.—Not later than 1 year after the date
9
of enactment of this Act, the Secretary and the Secretary
10
of the Interior shall establish a joint Forest Service-Bureau
11
of Land Management Trail completion team to work in co-
12
ordination with the administrator of the Trail—
13
(1) to facilitate the completion and optimization
14
of the Trail, consistent with the purposes of the Trail;
15
and
16
(2) to assist in the development of the com-
17
prehensive development plan for the Trail under sec-
18
tion 5.
19
(b) CONSULTATION.—As appropriate, the Trail Com-
20
pletion Team shall consult with other Federal agencies, af-
21
fected State, Tribal, and local governments, landowners, af-
22
fected land-grant mercedes owners and users, acequias, and
23
other interested parties in—
24
(1) the completion and optimization of the Trail;
25
and
26
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•S 594 RS
(2) the development and completion of the com-
1
prehensive development plan for the Trail under sec-
2
tion 5.
3
SEC. 5. COMPREHENSIVE DEVELOPMENT PLAN FOR THE
4
CONTINENTAL
DIVIDE
NATIONAL
SCENIC
5
TRAIL.
6
(a) IN GENERAL.—Not later than 3 years after the
7
date of establishment of the Trail Completion Team under
8
section 4(a), the Secretary shall complete a comprehensive
9
development plan for the Trail.
10
(b) PLAN INCLUSIONS.—The comprehensive develop-
11
ment plan under subsection (a) shall—
12
(1) identify any gaps in the Trail for which the
13
Secretary and the Secretary of the Interior have not
14
been able to acquire land;
15
(2) identify opportunities for the use of ease-
16
ments acquired from willing sellers to facilitate com-
17
pletion of the Trail; and
18
(3) include general and site-specific Trail devel-
19
opment plans, including anticipated costs of the
20
plans.
21
SEC. 6. PARTNERSHIPS.
22
The Secretary and the Secretary of the Interior shall
23
seek to enter into agreements with volunteer and nonprofit
24
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•S 594 RS
organizations, as appropriate, to facilitate the completion
1
and administration of the Trail.
2
SEC. 7. EFFECT.
3
Nothing in this Act—
4
(1) provides any authority to acquire land or in-
5
terests in land for inclusion in the Trail beyond the
6
authorities provided for the Trail in the Nation
[Text truncated for display. Full text available on Congress.gov.]