What This Bill Does
This bill requires the Secretary of Agriculture and Secretary of the Interior to complete the Continental Divide National Scenic Trail as one continuous route. The bill sets a deadline and identifies specific methods for acquiring the land needed to finish the trail.
Who It Affects
The two federal agencies leading the effort will be most affected: the Forest Service (under the Secretary of Agriculture) and the Bureau of Land Management (under the Secretary of the Interior). The bill also impacts private landowners whose property may be acquired, state and local governments, Indian Tribes, and volunteer organizations that work on the trail.
Key Provisions
- The Secretaries must complete the trail as a continuous route by November 10, 2028, doing everything practical to meet this goal (Sec. 3(a)(1))
- The Secretaries must acquire land, negotiate easement agreements (contracts allowing public use of private land), or work with state and local governments to fill gaps in the trail (Sec. 3(a)(2)(A))
- The Secretaries must establish a joint team within one year to oversee trail completion and optimization work (Sec. 3(b)(1))
- The Secretaries can only acquire land through purchasing from willing sellers, donations, exchanges, cooperative agreements, or easement agreements and cannot use eminent domain (power to seize private property) (Sec. 3(d))
- The Secretary of Agriculture must submit a comprehensive development plan to Congress within two years that identifies gaps and describes how to close them (Sec. 3(c)(1))
What Changes
If this becomes law, the federal government gains a specific legal requirement and deadline to complete the Continental Divide National Scenic Trail. A dedicated team will be formed to manage the work. The government will begin acquiring land through voluntary agreements rather than forced purchases. Congress will receive regular progress reports starting September 30, 2025.
Important Definitions
An acequia is a community ditch as defined under New Mexico law. A land grant-merced is a community land grant issued under Spanish or Mexican law that is recognized under New Mexico law. An optimal location review is a review process described in a guide dated November 2017 about the best route for the trail.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1317
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 HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Mr. NEGUSE (for himself, Ms. LEGER FERNANDEZ, and Ms. STANSBURY) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources
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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Continental Divide
4
Trail Completion Act’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
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•HR 1317 IH
(1) ACEQUIA.—The term ‘‘acequia’’ has the
1
meaning given the term ‘‘community ditch’’ in New
2
Mexico Stat. 73–2–27.
3
(2) LAND
GRANT-MERCED.—The term ‘‘land
4
grant-merced’’ means a community land grant
5
issued under the laws or customs of the Government
6
of Spain or Mexico that is recognized under chapter
7
49 of New Mexico Stat. (or a successor statute).
8
(3) OPTIMAL
LOCATION
REVIEW.—The term
9
‘‘optimal location review’’ means a review conducted
10
in accordance with the process described in the
11
guide entitled ‘‘Continental Divide National Scenic
12
Trail Optimal Location Review Guide’’ and dated
13
November 2017.
14
(4) SECRETARIES.—The term ‘‘Secretaries’’
15
means each of the Secretary and the Secretary of
16
the Interior.
17
(5) SECRETARY.—The term ‘‘Secretary’’ means
18
the Secretary of Agriculture, acting through the
19
Chief of the Forest Service.
20
(6) TEAM.—The term ‘‘Team’’ means the joint
21
Forest Service and Bureau of Land Management
22
Trail completion team established under section
23
3(b).
24
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(7) TRAIL.—The term ‘‘Trail’’ means the Con-
1
tinental Divide National Scenic Trail established by
2
section 5(a)(5) of the National Trails System Act
3
(16 U.S.C. 1244(a)(5)).
4
SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
5
(a) COMPLETION OF TRAIL.—
6
(1) IN
GENERAL.—Not later than November
7
10, 2028, the Secretaries shall, to the maximum ex-
8
tent practicable, ensure the completion of the Trail
9
as a contiguous route, consistent with sections
10
3(a)(2), 5(a)(5), and 7 of the National Trails Sys-
11
tem Act (16 U.S.C. 1242(a)(2), 1244(a)(5), 1246).
12
(2) REQUIRED
ACTIVITIES.—The Secretaries
13
shall, to the maximum extent practicable, carry out
14
necessary activities to achieve the goal described in
15
paragraph (1), including the following activities, in
16
the following order of priority:
17
(A) Complete the Trail by acquiring land
18
or an interest in land, entering into easement
19
agreements, or encouraging a State or local
20
government to enter into a cooperative agree-
21
ment to acquire any interest in land, that is
22
necessary—
23
(i) to eliminate gaps between sections
24
of the Trail; and
25
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•HR 1317 IH
(ii) to maintain the nature and pur-
1
poses of the Trail.
2
(B) If appropriate and supported by local
3
affected stakeholders, optimize the Trail by re-
4
locating, consistent with the nature and pur-
5
poses of the Trail, existing incompatible por-
6
tions of the Trail onto Federal land as nec-
7
essary to provide for—
8
(i) maximum outdoor recreation po-
9
tential;
10
(ii) the conservation and enjoyment of
11
the nationally significant scenic, historic,
12
natural, or cultural qualities of the areas
13
through which the Trail passes;
14
(iii) continuity in land ownership, if
15
desired by the owner of the affected land;
16
and
17
(iv) segments of the Trail that are
18
comparable in length to the segments of
19
the Trail being relocated.
20
(C) Publish maps of the completed corridor
21
of the Trail.
22
(b) TRAIL COMPLETION TEAM.—
23
(1) IN GENERAL.—In carrying out subsection
24
(a), not later than 1 year after the date of enact-
25
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•HR 1317 IH
ment of this Act, the Secretaries shall establish a
1
joint Forest Service and Bureau of Land Manage-
2
ment Trail completion team to work in coordination
3
with the administrator of the Trail to facilitate the
4
completion and optimization of the Trail, pursuant
5
to the purposes of section 3(a)(2) of the National
6
Trails System Act (16 U.S.C. 1242(a)(2)), con-
7
sistent with the nature and purposes of the Trail.
8
(2) DUTIES OF THE TEAM.—The Team shall—
9
(A) carry out land and right-of-way acqui-
10
sitions, easement acquisitions, relocations, and
11
Trail construction activities, consistent with any
12
optimal location reviews, giving priority to land
13
that—
14
(i) eliminates gaps between segments
15
of the Trail;
16
(ii) may be acquired for the Trail by
17
the Secretary or the Secretary of the Inte-
18
rior by—
19
(I) purchase from a willing seller;
20
(II) donation;
21
(III) exchange;
22
(IV) cooperative agreement; or
23
(V) easement agreement;
24
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•HR 1317 IH
(iii) is best suited for inclusion in the
1
Trail corridor in accordance with the pur-
2
poses, policy, and provisions of the Na-
3
tional Trails System Act (16 U.S.C. 1241
4
et seq.);
5
(iv) if appropriate and supported by
6
local affected stakeholders, has been identi-
7
fied as a segment of the Trail on Federal
8
land that should be relocated to provide for
9
maximum outdoor recreation potential and
10
the conservation and enjoyment of the na-
11
tionally significant scenic, historic, natural,
12
or cultural qualities of the areas through
13
which the Trail passes;
14
(v) mitigates land use conflicts;
15
(vi) would support the development of
16
rural communities through use as a trail;
17
and
18
(vii) minimizes the distance to connect
19
compatible segments of the Trail;
20
(B) provide the necessary administrative
21
and technical support to complete conveyances
22
of the Trail corridor under subsection (a);
23
(C) as appropriate, consult with other Fed-
24
eral agencies, Governors of the affected States,
25
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•HR 1317 IH
affected Indian Tribes, local governments, af-
1
fected
land
owners,
land-grant
mercedes,
2
acequias, and applicable owners or users of a
3
land grant-merced or acequia, the Continental
4
Divide Trail Coalition, and other volunteer and
5
nonprofit organizations that assist in the devel-
6
opment, maintenance, and management of the
7
Trail; and
8
(D) support the Secretary in the develop-
9
ment of the comprehensive development plan
10
for the Trail under subsection (c) and annual
11
reports under subsection (f).
12
(c) COMPREHENSIVE DEVELOPMENT PLAN.—
13
(1) IN GENERAL.—Not later than 2 years after
14
the date of establishment of the Team under sub-
15
section (b), the Secretary shall submit to the Com-
16
mittee on Energy and Natural Resources of the Sen-
17
ate and the Committee on Natural Resources of the
18
House of Representatives a comprehensive develop-
19
ment plan for the Trail.
20
(2) RECOMMENDED
INCLUSIONS.—The plan
21
submitted under paragraph (1) should—
22
(A) identify any gaps in the Trail with re-
23
spect to which the Secretaries have not been
24
able to acquire land or interests in land by pur-
25
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•HR 1317 IH
chase from a willing seller, donation, exchange,
1
cooperative agreement, or easement agreement;
2
(B) include a plan for closing the gaps
3
identified under paragraph (1) by acquiring
4
land or interests in land or entering into an
5
easement agreement; and
6
(C) include general and site-specific devel-
7
opment plans, including anticipated costs.
8
(d) METHOD OF ACQUISITION.—In carrying out this
9
section, the Secretaries—
10
(1) may acquire land or an interest in land only
11
by—
12
(A) purchase from a willing seller with do-
13
nated or appropriated funds;
14
(B) donation;
15
(C) exchange;
16
(D) cooperative agreement; or
17
(E) easement agreement; and
18
(2) may not acquire land or an interest in land
19
by eminent domain.
20
(e) MAINTAINING
EXISTING
PARTNERSHIPS.—In
21
carrying out this section, the Secretaries shall continue to
22
maintain and develop working relationships with volunteer
23
and nonprofit organizations that assist in the develop-
24
ment, maintenance, and management of the Trail.
25
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•HR 1317 IH
(f) REPORTS.—Not later than September 30, 2025,
1
and not later than the end of each fiscal year thereafter
2
until the date on which the comprehensive development
3
plan for the Trail is determined by the Secretary to be
4
fully implemented, the Secretary shall submit to the Com-
5
mittee on Energy and Natural Resources of the Senate
6
and the Committee on Natural Resources of the House
7
of Representatives a report that includes the following:
8
(1) A description of the progress of the Secre-
9
taries in acquiring land or interests in land to com-
10
plete the Trail consistent with this Act.
11
(2) The quantity of land or interests in land ac-
12
quired during the fiscal year and the amount ex-
13
pended for the land or interests in land.
14
(3) The quantity of land or interests in land
15
planned for acquisition in the subsequent fiscal year
16
and the estimated cost of the land or interests in
17
land.
18
(4) The estimated quantity of land or interests
19
in land remaining to be acquired after taking into
20
account the acquisitions under paragraphs (2) and
21
(3).
22
(5) The existing number of miles of the Trail
23
on Federal land that need to be relocated to provide
24
for—
25
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•HR 1317 IH
(A) maximum outdoor recreation potential;
1
and
2
(B) conservation and enjoyment of the na-
3
tionally significant scenic, historic, natural, or
4
cultural qualities of the areas through which
5
the Trail passes.
6
Æ
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