[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9159 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9159
To enhance the preservation, maintenance, and management of national
historic trails and national scenic trails, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2024
Mr. Lawler (for himself and Mr. Beyer) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To enhance the preservation, maintenance, and management of national
historic trails and national scenic trails, 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 ``Appalachian Trail Centennial Act''.
SEC. 2. CONGRESSIONAL DECLARATION OF POLICY.
Congress declares that--
(1) the large landscape conservation work relating to
national historic trails and national scenic trails is built on
partnership, collaboration, and community engagement;
(2) national historic trails and national scenic trails--
(A) are landscape conservation tools; and
(B) are federally designated areas, but may include
portions of non-Federal land under the National Trails
System Act (16 U.S.C. 1241 et seq.);
(3) national historic trails and national scenic trails are
intended to be developed and protected over time,
collaboratively and cooperatively, to further the purposes of
the National Trails System Act (16 U.S.C. 1241 et seq.);
(4) the Appalachian National Scenic Trail, 1 of the first 2
components of the National Trails System--
(A) is a realm of natural, scenic, historical, and
cultural wonder available to all; and
(B) is a model for cooperative stewardship
(historically known as ``cooperative management'') in
the National Trails System;
(5) the centennial of the Appalachian National Scenic Trail
in 2025 is an opportunity to strengthen the precepts of the
cooperative management model--
(A) pioneered on the Appalachian National Scenic
Trail; and
(B) to be replicated as appropriate throughout the
National Trails System;
(6) the development of the Appalachian National Scenic
Trail is in large part due to the efforts of volunteer
organizations (commonly referred to as ``Appalachian Trail
Maintaining Clubs'') that--
(A) directly or through subdivisions or subsidiary
organizations, have coordinated the participation of
tens of thousands of volunteers for the planning,
construction, development, and stewardship of the
Appalachian National Scenic Trail, which inspired the
establishment of the National Trails System; and
(B) are the expert, dispersed corps of volunteers
who provide much of the day-to-day cooperative
operation of the Appalachian National Scenic Trail;
(7) there are inherently governmental functions referred to
in the National Trails System Act (16 U.S.C. 1241 et seq.)
relating to administration of national historic trails and
national scenic trails, which is distinct from management and
operation of those trails;
(8) the Federal Government is responsible for
administration and, where the United States is the landowner,
management of national historic trails and national scenic
trails cooperatively stewarded under this Act, while sharing,
to the extent the Secretary concerned determines to be
practicable, operational responsibilities for those trails with
Designated Operational Partners and other cooperating
individuals and entities pursuant to cooperative agreements;
(9) operation of a national historic trail or national
scenic trail does not require land management authority over
the land on which the national historic trail or national
scenic trail is located; and
(10) it is the policy of the Federal Government that
national historic trails and national scenic trails--
(A) are conservation units managed and operated in
partnership with State and nongovernmental entities;
and
(B) while administered by Federal agencies, are
intended to be cooperatively developed with non-Federal
governmental and nongovernmental partners.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``administration'', with
respect to a covered trail, means the roles and
responsibilities that--
(A) are charged to the Secretary concerned, as
described in section 7(a) of the National Trails System
Act (16 U.S.C. 1246(a)), with respect to the covered
trail; and
(B) may not be shared with any other individual or
entity.
(2) Comprehensive plan.--The term ``comprehensive plan''
means a comprehensive plan for a covered trail submitted under
subsection (e) or (f) of section 5 of the National Trails
System Act (16 U.S.C. 1244).
(3) Cooperative management.--The term ``cooperative
management'', with respect to a covered trail, means the
negotiated division of roles and responsibilities relating to
the stewardship and development of the covered trail that are--
(A) permissible under law; and
(B) within the categories of--
(i) administration;
(ii) management; and
(iii) operation.
(4) Cooperative management system.--The term ``cooperative
management system'', with respect to a covered trail, means the
negotiated management structure for cooperative management of
the covered trail, including--
(A) Federal and State trust resource managers;
(B) Tribal governments;
(C) nongovernmental organizations; and
(D) volunteers organized by entities described in
subparagraphs (A) through (C).
(5) Covered trail.--The term ``covered trail'' means a
national historic trail or national scenic trail designated by
section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)).
(6) Designated operational partner.--The term ``Designated
Operational Partner'', with respect to a covered trail, means
the entity designated for the covered trail under paragraph (1)
or (2) of section 4(a).
(7) Gateway community.--The term ``gateway community''
means a municipality or unincorporated settlement in the
vicinity of a covered trail.
(8) Management.--The term ``management'', with respect to a
covered trail, means the roles as responsibilities under
applicable law of the owner of the land, or any interest in
land, on which the covered trail is located with respect to the
covered trail.
(9) Operation.--
(A) In general.--The term ``operation'', with
respect to a covered trail, means any activity
permissible under law that--
(i) is carried out on land on which the
covered trail is located pursuant to a
cooperative agreement;
(ii) is not an activity of administration;
and
(iii) does not infringe on any management
or ownership authority of the applicable land
manager, if the land manager is not the
individual or entity carrying out the activity.
(B) Inclusions.--The term ``operation'' includes--
(i) acquisition of land for a covered
trail;
(ii) construction and maintenance of a
facility or other improvement on, across, or
along a covered trail;
(iii) the provision of services for a
covered trail;
(iv) conceptual development of a covered
trail;
(v) maintenance of the treadway of a
covered trail;
(vi) conducting a research project relating
to a covered trail;
(vii) the provision to volunteers of
education and training relating to methods of
planning for, construction of, and maintenance
of a covered trail; and
(viii) the stewardship of natural,
cultural, or other resources associated with a
covered trail.
(10) Proposed priority list.--The term ``proposed priority
list'' means a proposed priority list for a covered trail
developed under section 4(f)(1).
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to a covered trail
administered by the Secretary; and
(B) the Secretary of Agriculture, with respect to a
covered trail administered by the Secretary of
Agriculture.
(13) Volunteer organization.--The term ``volunteer
organization'' means an entity that coordinates the
participation of individuals in the operation of a covered
trail, whether directly or through a subdivision or subsidiary
organization.
SEC. 4. ESTABLISHING DESIGNATED OPERATIONAL PARTNERS FOR NATIONAL
HISTORIC TRAILS AND NATIONAL SCENIC TRAILS.
(a) Designation.--
(1) Appalachian trail conservancy.--Not later than 1 year
after the date of enactment of this Act, the Secretary
concerned shall designate the Appalachian Trail Conservancy as
the Designated Operational Partner for the Appalachian National
Scenic Trail.
(2) Additional designations.--
(A) In general.--In addition to the designation
under paragraph (1), the Secretary concerned may
designate an eligible entity described in subparagraph
(B) to serve as the Designated Operational Partner for
any other covered trail.
(B) Description of eligible entities.--An eligible
entity referred to in subparagraph (A) is an
organization, institution, corporation, or other entity
that, as determined by the Secretary concerned--
(i) is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of that Code;
(ii) has demonstrated experience in the
operation, maintenance, and preservation of the
resources of the covered trail, regardless of
whether the experience was before or after the
designation of the covered trail under the
National Trails System Act (16 U.S.C. 1241 et
seq.);
(iii) has a plan for providing,
facilitating, and coordinating the services of
volunteers to contribute to the stewardship of
the covered trail;
(iv) has a record, including through a
predecessor organization, of engagement with
the establishment, management, maintenance, or
operation of the covered trail;
(v) adheres to reasonable financial,
accounting, and risk management practices;
(vi) adheres to applicable requirements of
Federal agreements, grants, and contracts; and
(vii) would not supplant a volunteer
organization already serving a substantial
operational role trail-wide or across a
significant portion of the covered trail unless
the Secretary concerned has determined that the
lead management partner has failed to perform
its responsibilities as agreed to or assigned
under a management agreement with respect to
the covered trail.
(C) Qualifications.--
(i) In general.--An eligible entity
designated as a Designated Operational Partner
under subparagraph (A) shall be considered to
possesses unique expertise, location capacity,
cost-sharing ability, or other unique qualities
relevant to the designation as a Designated
Operational Partner for the covered trail.
(ii) Present-funded activity.--Designation
of a Designated Operational Partner for a
covered trail shall be considered to be a
continuation or completion of a present-funded
activity.
(3) Rescission.--The Secretary concerned may rescind the
designation of an eligible entity as a Designated Operational
Partner under paragraph (2) if the Secretary concerned
determines that the eligible entity has ceased to meet 1 or
more of the criteria described in subparagraph (B) of that
paragraph.
(b) Cooperation in Operation.--
(1) In general.--The Secretary concerned may, subject to
such terms and conditions as the Secretary concerned considers
to be appropriate, enter into a cooperative agreement with a
Designated Operational Partner for a covered trail to provide
for the operation of the covered trail.
(2) Requirements and authorities.--A cooperative agreement
under paragraph (1)--
(A) shall be for a term of not more than 20 years;
(B) shall be for the purpose of facilitating the
effective and efficient operation of the applicable
covered trail under the cooperative management system
of the covered trail; and
(C) may allow for sharing of responsibilities
between the Designated Operational Partner and other
entities.
(3) Authorized activities.--Notwithstanding any other
provision of law, the Secretary concerned may, through a
cooperative agreement under paragraph (1)--
(A) provide financial assistance to the Designated
Operational Partner for the purpose of carrying out
cooperative management activities, in accordance with
section 7 or 11 of the National Trails System Act (16
U.S.C. 1246, 1250), for the purpose of--
(i) providing stewardship for, preserving,
conserving, or restoring--
(I) the natural resources of the
covered trail;
(II) the historical and cultural
resources of the covered trail;
(III) the scenic resources of the
covered trail; or
(IV) the recreational resources of
the covered trail;
(ii) providing stewardship for, developing,
constructing, or maintaining facilities
associated with the covered trail, including
maintaining the treadway of a covered trail;
(iii) developing, delivering, or acquiring
educational materials or public communications
regarding the covered trail, including maps and
guides to facilitate use of the covered trail;
or
(iv) conducting activities to facilitate
appropriate usage of the covered trail;
(B) carry out cooperative management activities for
the covered trail; and
(C) provide goods or services to, or receive funds,
goods, or services from, a Designated Operational
Partner.
(4) Surplus personal property.--Notwithstanding sections
541 through 559 of title 40, United States Code, a Federal
agency may dispose of surplus personal property by transferring
the property to a Designated Operational Partner, to be used by
the Designated Operational Partner for purposes of carrying out
a cooperative agreement under paragraph (1), subject to the
requirement that the cooperative agreement shall prohibit the
Designated Operational Partner, or any subsidiary or
subdivision of the Designated Operational Partner, from--
(A) using the transferred property for purposes
other than carrying out the duties and authorities of
the Designated Operational Partner under the
cooperative agreement; or
(B) transferring the transferred property to a
recipient that is not a part of the cooperative
management system of the covered trail.
(5) Additional resources.--A Designated Operational Partner
may seek and accept funds, property, or services from
individuals, foundations, corporations, and other private and
public entities--
(A) to carry out a cooperative agreement under
paragraph (1); or
(B) for related purposes.
(6) Cooperative agreement.--A cooperative agreement under
paragraph (1)--
(A) shall be con