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House Bill 5118
117th Congress(2021-2022)
Continental Divide Trail Completion Act
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Passed House on Jul 29, 2022
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H. R. 5118 (Reported-in-House)

Union Calendar No. 326

117th CONGRESS
2d Session
H. R. 5118

[Report No. 117–419]


To direct the Secretary of Agriculture to prioritize the completion of the Continental Divide National Scenic Trail, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

August 27, 2021

Mr. Neguse (for himself and Ms. Leger Fernandez) introduced the following bill; which was referred to the Committee on Natural Resources

July 18, 2022

Additional sponsors: Ms. Stansbury and Mr. Beyer

July 18, 2022

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on August 27, 2021]

A BILL

To direct the Secretary of Agriculture to prioritize the completion of the Continental Divide National Scenic Trail, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Continental Divide Trail Completion Act”.

SEC. 2. Continental Divide National Scenic Trail.

(a) Completion of trail.—

(1) IN GENERAL.—Not later than November 10, 2028, the Secretary and the Secretary of the Interior shall, to the maximum extent practicable, ensure the completion of the Continental Divide National Scenic Trail as a contiguous route, consistent with the following provisions of the National Trails System Act:

(A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).

(B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).

(C) Section 7 (16 U.S.C. 1246).

(2) PRIORITY OF ACTIONS.—The Secretary and the Secretary of the Interior shall, to the maximum extent practicable, take necessary actions to achieve this goal, including the following steps, listed in order of priority:

(A) Complete the Continental Divide National Scenic Trail by acquiring land or an interest in land, or by encouraging States or local governments to enter into cooperative agreements to acquire interests in land, to eliminate gaps between sections of the Trail while maintaining the nature and purposes of the Trail.

(B) Optimize the Trail by relocating incompatible existing portions of the Trail on Federal land as necessary to provide for maximum outdoor recreation potential and for the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes, consistent with the Trail’s nature and purposes.

(C) Publish maps of the completed Trail corridor.

(b) Trail completion team.—

(1) IN GENERAL.—In carrying out subsection (a), not later than 1 year after the date of the enactment of this section, the Secretary, in coordination with the Secretary of the Interior, shall establish a joint Forest Service and Bureau of Land Management trail completion team to work in coordination with the Trail Administrator to facilitate the completion and optimization of the Trail, pursuant to the purposes of section 3(a)(2) of the National Trails System Act (16 U.S.C. 1242(a)(2)) and the Trail’s nature and purposes.

(2) DUTIES OF THE TEAM.—The Team shall:

(A) Implement land and right-of-way acquisitions, relocations, and trail construction consistent with any Optimal Location Review for the trail, giving priority to land that—

(i) eliminates gaps between segments of the Trail;

(ii) may be acquired by the Secretary or the Secretary of the Interior by purchase from a willing seller, donation, exchange, or by cooperative agreement;

(iii) is best suited for inclusion in the Trail corridor in accordance with the purposes, policies, and provisions of the National Trails System Act (16 U.S.C. 1241 et seq.); and

(iv) has been identified as a segment of the Trail on Federal land that should be relocated to provide for maximum outdoor recreation potential and the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes.

(B) Provide the necessary administrative and technical support to complete the Trail corridor under subsection (a).

(C) As appropriate, consult with other Federal agencies, Governors of affected States, Indian Tribes, Land Grants-Mercedes, Acequias, relevant landowners or land users of an acequia or land grant-merced, the Continental Divide Trail Coalition, and other volunteer and nonprofit organizations that assist in, or whose members may be affected by, the development, maintenance, and management of the Trail.

(D) Support the Secretary in the development of the acquisition and development plan under subsection (c) and annual reports under subsection (f).

(c) Comprehensive acquisition and development plan.—

(1) IN GENERAL.—Not later than 2 years after the establishment of the Team under subsection (b), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a comprehensive acquisition and development plan for the Trail.

(2) CONTENTS OF PLAN.—The comprehensive acquisition and development plan should—

(A) identify any gaps in the Trail where the Secretary and the Secretary of the Interior have not been able to acquire land or interests in land by purchase from a willing seller, by donation, by exchange, or by cooperative agreement;

(B) include a plan for closing such gaps by acquiring lands or interests in land; and

(C) include general and site-specific development plans, including anticipated costs.

(d) Method of acquisition.—In carrying out this section, the Secretary and the Secretary of the Interior—

(1) may acquire land only by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange; and

(2) may not acquire land by eminent domain.

(e) Maintaining existing partnerships.—In carrying out this section, the Secretary, the Secretary of the Interior, and the Team shall continue to maintain and develop working relationships with volunteer and nonprofit organizations that assist in the development, maintenance, and management of the Trail.

(f) Reports.—Not later than September 30, 2024, and at the close of each fiscal year until the acquisition and development plan is fully implemented, the Secretary shall report on the following, in writing, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate:

(1) The progress in acquiring land or interests in land to complete the Trail consistent with this Act.

(2) The amount of land or interests in land acquired during the fiscal year and the amount expended for such land or interests in land.

(3) The amount of land or interests in land planned for acquisition in the ensuing fiscal year and the estimated cost of such land or interests in land.

(4) The estimated amount of land or interests in land remaining to be acquired.

(5) The amount of existing Trail miles on Federal lands that need to be relocated to provide for maximum outdoor recreation potential and for conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes.

(g) Definitions.—In this section:

(1) ACEQUIA.—The term “acequia” has the meaning of the term “community ditch” as such term is defined under section 73-2-27 of the New Mexico Statutes.

(2) LAND GRANT-MERCED.—The term “land grant-merced” means a community land grant issued under the laws or customs of the Government of Spain or Mexico that is recognized under chapter 49 of the New Mexico Statutes (or a successor statute).

(3) OPTIMAL LOCATION REVIEW.—The term “Optimal Location Review” means the procedures described in the Continental Divide National Scenic Trail Optimal Location Review Guide, dated November 2017.

(4) SECRETARY.—The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(5) TEAM.—The term “Team” means the trail completion team established under subsection (b).

(6) TRAIL.—The term “Trail” means the Continental Divide National Scenic Trail established by section 5 of the National Trails System Act (16 U.S.C. 1244).

Amend the title so as to read: “A bill to direct 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.”.

Union Calendar No. 326

117th CONGRESS
     2d Session
H. R. 5118
[Report No. 117–419]
A BILL
To direct the Secretary of Agriculture to prioritize the completion of the Continental Divide National Scenic Trail, and for other purposes.
July 18, 2022
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed