[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2708 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2708
To enhance the preservation, maintenance, and management of national
historic trails and national scenic trails, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 4, 2025
Mr. Kaine (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Energy and
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 preserved 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 management and
public-private partnership;
(5) the centennial of the Appalachian Trail Conservancy 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, maintenance, operation, 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 the administration of national historic trails and
national scenic trails, which is distinct from the management
and operation of those trails;
(8) the Federal Government is responsible for--
(A) the administration of national historic trails
and national scenic trails; and
(B) in cases in which the United States is the
landowner, the management of national historic trails
and national scenic trails;
(9) volunteers, volunteer organizations, and other
cooperating individuals or entities are empowered to undertake
non-inherently governmental and delegable roles in the
management and operation of national historic trails and
national scenic trails;
(10) the 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
(11) 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 governmental and nongovernmental
entities; and
(B) while administered by Federal agencies, are
intended to be cooperatively developed with appropriate
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 of the Secretary concerned with respect to the
covered trail that 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 1 or more entities designated for the covered trail under
subparagraph (A) or (B) of section 4(b)(1).
(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 and 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 pursuant to a
cooperative agreement on land on which the
covered trail is located;
(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) the identification and acquisition of
land for a covered trail;
(ii) the planning, 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) the conceptual development of a
covered trail;
(v) the 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 conservation 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(b)(3).
(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) Visitor capacity.--The term ``visitor capacity''
means, with respect to a covered trail, the maximum number and
types of visitor use that the covered trail can accommodate
while achieving and maintaining the desired resource conditions
and visitor experiences that are consistent with the purposes
for which the covered trail was established, which may vary for
different segments of a covered trail.
(14) Volunteer organization.--The term ``volunteer
organization'' means any organization providing operation or
management support to a covered trail administrator or land
manager, including by organizing volunteers.
SEC. 4. STRENGTHENING ADMINISTRATION, MANAGEMENT, AND OPERATION FOR
NATIONAL HISTORIC TRAILS AND NATIONAL SCENIC TRAILS.
(a) Status.--Each covered trail shall be--
(1) a unit of the National Trails System; and
(2) a unit of the federally administered area to which the
Secretary concerned assigns the covered trail.
(b) Operation.--
(1) Designated operational partners.--
(A) 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.
(B) Additional designations.--
(i) In general.--In addition to the
designation under subparagraph (A), the
Secretary concerned may designate to serve as
the Designated Operational Partner for any
other covered trail 1 or more eligible entities
described in clause (ii) that the Secretary
concerned determines--
(I) are capable of supporting the
partnership nature of the covered trail
as a mechanism for conservation,
volunteer mobilization, and land and
facility management; and
(II) would be successful partners
for the applicable covered trail.
(ii) Description of eligible entities.--An
eligible entity referred to in clause (i) 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 an
organization already serving a
substantial operational role trail-wide
for the covered trail or across a
significant portion of the covered
trail, unless the Secretary concerned
has determined that the organization
being supplanted has failed to perform
the responsibilities of the
organization under a management
agreement with respect to the covered
trail.
(iii) Qualifications.--
(I) In general.--An eligible entity
designated as a Designated Operational
Partner under clause (i) 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) No competitive process.--An
eligible entity designated as a
Designated Operational Partner under
clause (i) may be a direct beneficiary
or recipient of appropriated funds
without competition.
(III) 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.
(C) Rescission.--The Secretary concerned may
rescind the designation of an eligible entity as a
Designated Operational Partner under subparagraph (B)
if the Secretary concerned determines that the eligible
entity has ceased to meet 1 or more of the criteria
described in clause (ii) of that subparagraph.
(2) Protection of property rights.--
(A) In general.--If the Designated Operational
Partner for a covered trail becomes aware of an
allegation of trespass or other infringement or
violation of a property right held by the Federal
Government that adversely affects the identified
cultural, natural, scenic, recreational, or historical
resources of the covered trail, the Designated
Operational Partner may submit to the Secretary
concerned and the United States Attorney for the
Federal district court in which the alleged violation
occurred a written request--
(i) to investigate the allegation; and
(ii) to enforce the rights of the United
States by preventing, reducing, mitigating, or
remediating the adverse effects of the alleged
violation.
(B) Notice.--
(i) In general.--A request under
subparagraph (A) shall include, to the maximum
extent practicable, detailed information
relating to the alleged trespass, infringement,
or violation, including--
(I) the nature, location, duration,
and known identity of any alleged
offender;
(II) any efforts carried out to
address the alleged violation;
(III) any impacts of the alleged
violation on the applicable covered
trail or resources of the covered
trail; and