What This Bill Does
This bill creates two new national historic trails under the National Trails System Act. The Chisholm National Historic Trail runs approximately 1,378 miles from Kingsville, Texas through Oklahoma to Abilene, Kansas and marks a cattle-moving route used between 1867 and 1884. The Western National Historic Trail extends approximately 1,350 miles from Kingsville, Texas through Oklahoma and Kansas to Ogallala, Nebraska and marks a cattle-moving route used between 1874 and 1897.
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Who It Affects
The Secretary of the Interior administers both trails. Private landowners whose property lies along the trail routes are affected because the trails may include portions on their land. Ranchers and cattle drovers are recognized as the historical users of these routes. Federal agencies with jurisdiction over Federal land where the trails are located are affected.
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Key Provisions
* The Secretary of the Interior shall administer both trails as a single administrative unit, using maps numbered 1 through 6 from a May 2019 National Park Service feasibility study to define the trail routes (Sec. 2).
* The Secretary may only administer portions of the trails on private land with the voluntary consent of the landowner or through a certification agreement, and no one can enter private property without the owner's permission (Sec. 2).
* The Secretary may accept donations of land for the trails but cannot acquire land more than an average of one-quarter mile on either side of the trail without the owner's consent, and cannot use eminent domain or condemnation to acquire land (Sec. 2).
* Establishing these trails does not prohibit energy development, production or transmission, does not create buffer zones around the trails, and does not require new Federal permits for the trails (Sec. 2).
* The Secretary of the Interior may acknowledge and use alternative historical names for the trails, including the "Great Western Trail" (Sec. 2).
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What Changes
The two historic trails become officially part of the National Trails System. Maps showing the trail routes become available for public inspection at the Department of the Interior offices. The Secretary of the Interior gains responsibility for administering these trails and paying for the costs of identifying potential sites and segments for the trails.
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Important Definitions
The bill does not explicitly define key terms like "national historic trail," "non-Federal land," "certification agreement" or "administrative unit."
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 247
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
JANUARY 10, 2023
Mr. ESTES 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 Na-
tional Historic Trail, and for other purposes.
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
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•HR 247 IH
SEC. 2. DESIGNATION OF THE CHISHOLM NATIONAL HIS-
1
TORIC TRAIL AND THE WESTERN NATIONAL
2
HISTORIC TRAIL.
3
Section 5(a) of the National Trails System Act (16
4
U.S.C. 1244(a)) is amended by adding at the end the fol-
5
lowing:
6
‘‘(l) CHISHOLM
NATIONAL
HISTORIC
TRAIL;
7
WESTERN NATIONAL HISTORIC TRAIL.—
8
‘‘(A) ESTABLISHMENT.—
9
‘‘(i) CHISHOLM
NATIONAL
HISTORIC
10
TRAIL.—The Chisholm National Historic
11
Trail, a trail most heavily used by ranchers
12
and drovers to move cattle to market be-
13
tween 1867 and 1884, extending along a
14
route of approximately 1,378 miles from
15
Kingsville, Texas, through Cuero and San
16
Antonio, Texas, northward through Okla-
17
homa to Abilene, Kansas, as generally de-
18
picted on the maps numbered 1 through 6
19
contained in the report prepared by the
20
National Park Service entitled ‘Chisholm
21
and Great Western National Historic Trail
22
Feasibility Study/Environmental Assess-
23
ment’ and dated May 2019.
24
‘‘(ii) WESTERN
NATIONAL
HISTORIC
25
TRAIL.—The Western National Historic
26
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•HR 247 IH
Trail, a trail most heavily used by ranchers
1
and drovers to move cattle to market be-
2
tween 1874 and 1897, extending along a
3
route of approximately 1,350 miles from
4
Kingsville, Texas, northward through Okla-
5
homa and Dodge City, Kansas, to Ogallala,
6
Nebraska, as generally depicted on the
7
maps numbered 1 through 6 contained in
8
the report prepared by the National Park
9
Service entitled ‘Chisholm and Great West-
10
ern National Historic Trail Feasibility
11
Study/Environmental
Assessment’
and
12
dated May 2019.
13
‘‘(B) AVAILABILITY OF MAP.—The maps
14
described in subparagraph (A) shall be on file
15
and available for public inspection in the appro-
16
priate offices of the Department of the Interior.
17
‘‘(C) ADMINISTRATION.—
18
‘‘(i) IN GENERAL.—The Secretary of
19
the Interior shall administer the trails es-
20
tablished by subparagraph (A) as a single
21
administrative unit.
22
‘‘(ii) ADMINISTRATION
OF
PORTIONS
23
OF TRAIL ON NON-FEDERAL LAND.—
24
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•HR 247 IH
‘‘(I) REQUIREMENTS FOR ADMIN-
1
ISTRATION.—The Secretary of the In-
2
terior shall administer any portion of
3
a trail established by subparagraph
4
(A) that is located on non-Federal
5
land only—
6
‘‘(aa) with the voluntary
7
consent of the owner of the non-
8
Federal land; and
9
‘‘(bb) if the portion qualifies
10
for certification as a component
11
of the applicable trail, consistent
12
with section 3(a)(3).
13
‘‘(II)
CERTIFICATION
AGREE-
14
MENT.—
15
‘‘(aa) IN
GENERAL.—The
16
approval by an owner of applica-
17
ble non-Federal land of a certifi-
18
cation agreement shall satisfy the
19
consent requirements of sub-
20
clause (I)(aa).
21
‘‘(bb)
TERMINATION.—A
22
certification agreement referred
23
to in item (aa) may be termi-
24
nated at any time.
25
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•HR 247 IH
‘‘(iii) ACCESS
TO
PRIVATE
PROP-
1
ERTY.—The establishment of a trail by
2
subparagraph (A) does not authorize any
3
person to enter private property without
4
the consent of the owner of the private
5
property.
6
‘‘(iv) RECOGNITION OF ALTERNATIVE
7
NAMES
FOR
TRAILS.—In referring to a
8
trail established by subparagraph (A) in
9
maps and other documents, the Secretary
10
of the Interior may acknowledge and use
11
any alternative name that was historically
12
used to reference the trail, including the
13
‘Great Western Trail’.
14
‘‘(D) LAND ACQUISITION.—
15
‘‘(i) DONATION.—The Secretary of
16
the Interior may accept a donation of land
17
or an interest in land for a trail estab-
18
lished by subparagraph (A).
19
‘‘(ii) LIMITATION.—The Secretary of
20
the Interior may not acquire for a trail es-
21
tablished by subparagraph (A) any land or
22
interest in land—
23
‘‘(I) that is located outside the
24
exterior boundary of any federally
25
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•HR 247 IH
managed area without the consent of
1
the owner of the land or interest in
2
land; or
3
‘‘(II) that extends more than an
4
average of 1⁄4 of a mile on either side
5
of a trail established by subparagraph
6
(A).
7
‘‘(E) EFFECT ON ENERGY DEVELOPMENT,
8
PRODUCTION, OR
TRANSMISSION.—Nothing in
9
this paragraph, the acquisition of land or an in-
10
terest in land authorized by this paragraph, or
11
any management plan for a trail established by
12
subparagraph (A) prohibits, hinders, or dis-
13
rupts the development, production, or trans-
14
mission of energy.
15
‘‘(F) NO BUFFER ZONES.—
16
‘‘(i) IN
GENERAL.—Nothing in this
17
paragraph, the acquisition of land or an in-
18
terest in land authorized by this para-
19
graph, or any management plan for a trail
20
established by subparagraph (A) creates a
21
buffer zone.
22
‘‘(ii) OUTSIDE ACTIVITIES.—The fact
23
that an activity or use on land outside a
24
trail established by subparagraph (A) can
25
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•HR 247 IH
be seen, heard, or detected from the appli-
1
cable trail, including from any land or in-
2
terest in land acquired for the applicable
3
trail, shall not preclude, limit, control, reg-
4
ulate, or determine the conduct or manage-
5
ment of the activity or use outside the ap-
6
plicable trail.
7
‘‘(G) NO EMINENT DOMAIN OR CONDEMNA-
8
TION.—Land or an interest in land may not be
9
acquired for a trail established by subparagraph
10
(A) by eminent domain or condemnation.
11
‘‘(H) INVENTORY OF SITES; ADMINISTRA-
12
TIVE
COSTS.—The Secretary of the Interior
13
shall be responsible for—
14
‘‘(i) the costs of any inventory to iden-
15
tify and define potential sites and seg-
16
ments for inclusion in a trail established by
17
subparagraph (A); and
18
‘‘(ii) any other applicable administra-
19
tive costs relating to a trail established by
20
that subparagraph.
21
‘‘(I) NOT A DESIGNATION OF ‘LANDS IN
22
THE
NATIONAL
PARK
SYSTEM’.—Notwith-
23
standing any other provision of law, the estab-
24
lishment of a trail by subparagraph (A) shall
25
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•HR 247 IH
not have the effect of designating the trail or
1
any land on which the trail is located as ‘lands
2
in the National Park System’ for purposes of
3
section 28(b)(1) of the Mineral Leasing Act (30
4
U.S.C. 185(b)(1)).
5
‘‘(J) NO
NEW
AUTHORITIES
OR
PER-
6
MITS.—
7
‘‘(i) NO EFFECT ON AUTHORITY TO
8
GRANT EASEMENTS OR RIGHTS-OF-WAY.—
9
‘‘(I)
IN
GENERAL.—Notwith-
10
standing any other provision of law,
11
the establishment of a trail by sub-
12
paragraph (A) shall not alter or affect
13
the existing authority of any Federal,
14
State, or local agency or official to
15
grant easements or rights-of-way over,
16
under, across, or along any portion of
17
the trail.
18
‘‘(II) AUTHORITY OF HEADS OF
19
FEDERAL AGENCIES TO GRANTS EASE-
20
MENTS OR RIGHTS-OF-WAY.—Notwith-
21
standing the establishment of a trail
22
by subparagraph (A), the head of any
23
Federal agency having jurisdiction
24
over any Federal land on which the
25
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•HR 247 IH
trail is located (other than land that
1
is considered to be ‘lands in the Na-
2
tional Park System’ for purposes of
3
section 28(b)(1) of the Mineral Leas-
4
ing Act (30 U.S.C. 185(b)(1)) as a re-
5
sult of an establishment under any
6
other law), shall have the authority to
7
grant easements or rights-of-way over,
8
under, across, or along any applicable
9
portion of the trail in accordance with
10
the laws applicable to the Federal
11
land.
12
‘‘(ii) NO NEW PERMITS REQUIRED.—
13
Notwithstanding any other provision of
14
law, the establishment of a trail by sub-
15
paragraph (A) shall not subject the trail or
16
any land on which the trail is located to
17
any other Federal laws (including regula-
18
tions) requiring a Federal permit or au-
19
thorization that would otherwise be made
20
applicable as a result of the establishment
21
of the trail as a component of the National
22
Trails System.’’.
23
Æ
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