Chisholm National Historic Trail and Western National Historic Trail Designation Act

II 116TH CONGRESS 2D SESSION S. 4905 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 SENATE OF THE UNITED STATES NOVEMBER 18, 2020 Mr. MORAN introduced the following bill; which was read twice and referred to the Committee on Energy and 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 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 2 •S 4905 IS 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 ‘‘(31) 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 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 3 •S 4905 IS Trail, a trail most heavily used by ranchers 1 and drovers to move cattle to market be- 2 tween 1867 and 1884, 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 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 4 •S 4905 IS ‘‘(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 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 5 •S 4905 IS ‘‘(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. 13 ‘‘(D) LAND ACQUISITION.— 14 ‘‘(i) DONATION.—The Secretary of 15 the Interior may accept a donation of land 16 or an interest in land for a trail estab- 17 lished by subparagraph (A). 18 ‘‘(ii) LIMITATION.—The Secretary of 19 the Interior may not acquire for a trail es- 20 tablished by subparagraph (A) any land or 21 interest in land— 22 ‘‘(I) that is located outside the 23 exterior boundary of any federally 24 managed area without the consent of 25 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 6 •S 4905 IS the owner of the land or interest in 1 land; or 2 ‘‘(II) that extends more than an 3 average of 1⁄4 of a mile on either side 4 of a trail established by subparagraph 5 (A). 6 ‘‘(E) EFFECT ON ENERGY DEVELOPMENT, 7 PRODUCTION, OR TRANSMISSION.—Nothing in 8 this paragraph, the acquisition of land or an in- 9 terest in land authorized by this paragraph, or 10 any management plan for a trail established by 11 subparagraph (A) prohibits, hinders, or dis- 12 rupts the development, production, or trans- 13 mission of energy. 14 ‘‘(F) NO BUFFER ZONES.— 15 ‘‘(i) IN GENERAL.—Nothing in this 16 paragraph, the acquisition of land or an in- 17 terest in land authorized by this para- 18 graph, or any management plan for a trail 19 established by subparagraph (A) creates a 20 buffer zone. 21 ‘‘(ii) OUTSIDE ACTIVITIES.—The fact 22 that an activity or use on land outside a 23 trail established by subparagraph (A) can 24 be seen, heard, or detected from the appli- 25 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 7 •S 4905 IS cable trail, including from any land or in- 1 terest in land acquired for the applicable 2 trail, shall not preclude, limit, control, reg- 3 ulate, or determine the conduct or manage- 4 ment of the activity or use outside the ap- 5 plicable trail. 6 ‘‘(G) NO EMINENT DOMAIN OR CONDEMNA- 7 TION.—Land or an interest in land may not be 8 acquired for a trail established by subparagraph 9 (A) by eminent domain or condemnation. 10 ‘‘(H) INVENTORY OF SITES; ADMINISTRA- 11 TIVE COSTS.—The Secretary of the Interior 12 shall be responsible for— 13 ‘‘(i) the costs of any inventory to iden- 14 tify and define potential sites and seg- 15 ments for inclusion in a trail established by 16 subparagraph (A); and 17 ‘‘(ii) any other applicable administra- 18 tive costs relating to a trail established by 19 that subparagraph. 20 ‘‘(I) NOT A DESIGNATION OF ‘LANDS IN 21 THE NATIONAL PARK SYSTEM’.—Notwith- 22 standing any other provision of law, the estab- 23 lishment of a trail by subparagraph (A) shall 24 not have the effect of designating the trail or 25 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 8 •S 4905 IS any land on which the trail is located as ‘lands 1 in the National Park System’ for purposes of 2 section 28(b)(1) of the Mineral Leasing Act (30 3 U.S.C. 185(b)(1)). 4 ‘‘(J) NO NEW AUTHORITIES OR PER- 5 MITS.— 6 ‘‘(i) NO EFFECT ON AUTHORITY TO 7 GRANT EASEMENTS OR RIGHTS-OF-WAY.— 8 ‘‘(I) IN GENERAL.—Notwith- 9 standing any other provision of law, 10 the establishment of a trail by sub- 11 paragraph (A) shall not alter or affect 12 the existing authority of any Federal, 13 State, or local agency or official to 14 grant easements or rights-of-way over, 15 under, across, or along any portion of 16 the trail. 17 ‘‘(II) AUTHORITY OF HEADS OF 18 FEDERAL AGENCIES TO GRANTS EASE- 19 MENTS OR RIGHTS-OF-WAY.—Notwith- 20 standing the establishment of a trail 21 by subparagraph (A), the head of any 22 Federal agency having jurisdiction 23 over any Federal land on which the 24 trail is located (other than land that 25 VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS 9 •S 4905 IS is considered to be ‘lands in the Na- 1 tional Park System’ for purposes of 2 section 28(b)(1) of the Mineral Leas- 3 ing Act (30 U.S.C. 185(b)(1)) as a re- 4 sult of an establishment under any 5 other law), shall have the authority to 6 grant easements or rights-of-way over, 7 under, across, or along any applicable 8 portion of the trail in accordance with 9 the laws applicable to the Federal 10 land. 11 ‘‘(ii) NO NEW PERMITS REQUIRED.— 12 Notwithstanding any other provision of 13 law, the establishment of a trail by sub- 14 paragraph (A) shall not subject the trail or 15 any land on which the trail is located to 16 any other Federal laws (including regula- 17 tions) requiring a Federal permit or au- 18 thorization that would otherwise be made 19 applicable as a result of the establishment 20 of the trail as a component of the National 21 Trails System.’’. 22 Æ VerDate Sep 11 2014 04:28 Nov 25, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S4905.IS S4905 SSpencer on DSK126QN23PROD with BILLS