Omnibus Public Land Management Act of 2009/Title V

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Subtitle A—Additions to the National Wild and Scenic Rivers System[edit]

SEC. 5001. FOSSIL CREEK, ARIZONA.[edit]

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended by adding at the end the following:
`(205) FOSSIL CREEK, ARIZONA- Approximately 16.8 miles of Fossil Creek from the confluence of Sand Rock and Calf Pen Canyons to the confluence with the Verde River, to be administered by the Secretary of Agriculture in the following classes:
`(A) The approximately 2.7-mile segment from the confluence of Sand Rock and Calf Pen Canyons to the point where the segment exits the Fossil Spring Wilderness, as a wild river.
`(B) The approximately 7.5-mile segment from where the segment exits the Fossil Creek Wilderness to the boundary of the Mazatzal Wilderness, as a recreational river.
`(C) The 6.6-mile segment from the boundary of the Mazatzal Wilderness downstream to the confluence with the Verde River, as a wild river.'.

SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.[edit]

(a) Short Title- This section may be cited as the `Craig Thomas Snake Headwaters Legacy Act of 2008'.
(b) Findings; Purposes-
(1) FINDINGS- Congress finds that—
(A) the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of freshwater, healthiest native trout fisheries, and most intact rivers and streams in the lower 48 States;
(B) the rivers and streams of the headwaters of the Snake River System—
(i) provide unparalleled fishing, hunting, boating, and other recreational activities for—
(I) local residents; and
(II) millions of visitors from around the world; and
(ii) are national treasures;
(C) each year, recreational activities on the rivers and streams of the headwaters of the Snake River System generate millions of dollars for the economies of—
(i) Teton County, Wyoming; and
(ii) Lincoln County, Wyoming;
(D) to ensure that future generations of citizens of the United States enjoy the benefits of the rivers and streams of the headwaters of the Snake River System, Congress should apply the protections provided by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those rivers and streams; and
(E) the designation of the rivers and streams of the headwaters of the Snake River System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to the citizens of the United States the importance of maintaining the outstanding and remarkable qualities of the Snake River System while—
(i) preserving public access to those rivers and streams;
(ii) respecting private property rights (including existing water rights); and
(iii) continuing to allow historic uses of the rivers and streams.
(2) PURPOSES- The purposes of this section are—
(A) to protect for current and future generations of citizens of the United States the outstandingly remarkable scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of the headwaters of the Snake River System, while continuing to deliver water and operate and maintain valuable irrigation water infrastructure; and
(B) to designate approximately 387.7 miles of the rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System.
(c) Definitions- In this section:
(1) SECRETARY CONCERNED- The term `Secretary concerned' means—
(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is not located in—
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge; and
(B) the Secretary of the Interior, with respect to each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is located in—
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge.
(2) STATE- The term `State' means the State of Wyoming.
(d) Wild and Scenic River Designations, Snake River Headwaters, Wyoming- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5001) is amended by adding at the end the following:
`(206) SNAKE RIVER HEADWATERS, WYOMING- The following segments of the Snake River System, in the State of Wyoming:
`(A) BAILEY CREEK- The 7-mile segment of Bailey Creek, from the divide with the Little Greys River north to its confluence with the Snake River, as a wild river.
`(B) BLACKROCK CREEK- The 22-mile segment from its source to the Bridger-Teton National Forest boundary, as a scenic river.
`(C) BUFFALO FORK OF THE SNAKE RIVER- The portions of the Buffalo Fork of the Snake River, consisting of—
`(i) the 55-mile segment consisting of the North Fork, the Soda Fork, and the South Fork, upstream from Turpin Meadows, as a wild river;
`(ii) the 14-mile segment from Turpin Meadows to the upstream boundary of Grand Teton National Park, as a scenic river; and
`(iii) the 7.7-mile segment from the upstream boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river.
`(D) CRYSTAL CREEK- The portions of Crystal Creek, consisting of—
`(i) the 14-mile segment from its source to the Gros Ventre Wilderness boundary, as a wild river; and
`(ii) the 5-mile segment from the Gros Ventre Wilderness boundary to its confluence with the Gros Ventre River, as a scenic river.
`(E) GRANITE CREEK- The portions of Granite Creek, consisting of—
`(i) the 12-mile segment from its source to the end of Granite Creek Road, as a wild river; and
`(ii) the 9.5-mile segment from Granite Hot Springs to the point 1 mile upstream from its confluence with the Hoback River, as a scenic river.
`(F) GROS VENTRE RIVER- The portions of the Gros Ventre River, consisting of—
`(i) the 16.5-mile segment from its source to Darwin Ranch, as a wild river;
`(ii) the 39-mile segment from Darwin Ranch to the upstream boundary of Grand Teton National Park, excluding the section along Lower Slide Lake, as a scenic river; and
`(iii) the 3.3-mile segment flowing across the southern boundary of Grand Teton National Park to the Highlands Drive Loop Bridge, as a scenic river.
`(G) HOBACK RIVER- The 10-mile segment from the point 10 miles upstream from its confluence with the Snake River to its confluence with the Snake River, as a recreational river.
`(H) LEWIS RIVER- The portions of the Lewis River, consisting of—
`(i) the 5-mile segment from Shoshone Lake to Lewis Lake, as a wild river; and
`(ii) the 12-mile segment from the outlet of Lewis Lake to its confluence with the Snake River, as a scenic river.
`(I) PACIFIC CREEK- The portions of Pacific Creek, consisting of—
`(i) the 22.5-mile segment from its source to the Teton Wilderness boundary, as a wild river; and
`(ii) the 11-mile segment from the Wilderness boundary to its confluence with the Snake River, as a scenic river.
`(J) SHOAL CREEK- The 8-mile segment from its source to the point 8 miles downstream from its source, as a wild river.
`(K) SNAKE RIVER- The portions of the Snake River, consisting of—
`(i) the 47-mile segment from its source to Jackson Lake, as a wild river;
`(ii) the 24.8-mile segment from 1 mile downstream of Jackson Lake Dam to 1 mile downstream of the Teton Park Road bridge at Moose, Wyoming, as a scenic river; and
`(iii) the 19-mile segment from the mouth of the Hoback River to the point 1 mile upstream from the Highway 89 bridge at Alpine Junction, as a recreational river, the boundary of the western edge of the corridor for the portion of the segment extending from the point 3.3 miles downstream of the mouth of the Hoback River to the point 4 miles downstream of the mouth of the Hoback River being the ordinary high water mark.
`(L) WILLOW CREEK- The 16.2-mile segment from the point 16.2 miles upstream from its confluence with the Hoback River to its confluence with the Hoback River, as a wild river.
`(M) WOLF CREEK- The 7-mile segment from its source to its confluence with the Snake River, as a wild river.'.
(e) Management-
(1) IN GENERAL- Each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by the Secretary concerned.
(2) MANAGEMENT PLAN-
(A) IN GENERAL- In accordance with subparagraph (A), not later than 3 years after the date of enactment of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is located in an area under the jurisdiction of the Secretary concerned.
(B) REQUIRED COMPONENT- Each management plan developed by the Secretary concerned under subparagraph (A) shall contain, with respect to the river segment that is the subject of the plan, a section that contains an analysis and description of the availability and compatibility of future development with the wild and scenic character of the river segment (with particular emphasis on each river segment that contains 1 or more parcels of private land).
(3) QUANTIFICATION OF WATER RIGHTS RESERVED BY RIVER SEGMENTS-
(A) The Secretary concerned shall apply for the quantification of the water rights reserved by each river segment designated by this section in accordance with the procedural requirements of the laws of the State of Wyoming.
(B) For the purpose of the quantification of water rights under this subsection, with respect to each Wild and Scenic River segment designated by this section—
(i) the purposes for which the segments are designated, as set forth in this section, are declared to be beneficial uses; and
(ii) the priority date of such right shall be the date of enactment of this Act.
(4) STREAM GAUGES- Consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry out activities at United States Geological Survey stream gauges that are located on the Snake River (including tributaries of the Snake River), including flow measurements and operation, maintenance, and replacement.
(5) CONSENT OF PROPERTY OWNER- No property or interest in property located within the boundaries of any river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) may be acquired by the Secretary without the consent of the owner of the property or interest in property.
(6) EFFECT OF DESIGNATIONS-
(A) IN GENERAL- Nothing in this section affects valid existing rights, including—
(i) all interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts);
(ii) water rights in the States of Idaho and Wyoming; and
(iii) water rights held by the United States.
(B) JACKSON LAKE; JACKSON LAKE DAM- Nothing in this section shall affect the management and operation of Jackson Lake or Jackson Lake Dam, including the storage, management, and release of water.
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.

SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.[edit]

(a) Designation- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5002(d)) is amended by adding at the end the following:
`(207) TAUNTON RIVER, MASSACHUSETTS- The main stem of the Taunton River from its headwaters at the confluence of the Town and Matfield Rivers in the Town of Bridgewater downstream 40 miles to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, to be administered by the Secretary of the Interior in cooperation with the Taunton River Stewardship Council as follows:
`(A) The 18-mile segment from the confluence of the Town and Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river.
`(B) The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge in the City of Taunton, as a recreational river.
`(C) The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove in the Town of Dighton, as a scenic river.
`(D) The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, as a recreational river.'.
(b) Management of Taunton River, Massachusetts-
(1) TAUNTON RIVER STEWARDSHIP PLAN-
(A) IN GENERAL- Each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall be managed in accordance with the Taunton River Stewardship Plan, dated July 2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to in this subsection as the `Secretary') determines to be consistent with this section).
(B) EFFECT- The Taunton River Stewardship Plan described in subparagraph (A) shall be considered to satisfy each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(2) COOPERATIVE AGREEMENTS- To provide for the long-term protection, preservation, and enhancement of each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)), pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial and other assistance) with—
(A) the Commonwealth of Massachusetts (including political subdivisions of the Commonwealth of Massachusetts);
(B) the Taunton River Stewardship Council; and
(C) any appropriate nonprofit organization, as determined by the Secretary.
(3) RELATION TO NATIONAL PARK SYSTEM- Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall not be—
(A) administered as a unit of the National Park System; or
(B) subject to the laws (including regulations) that govern the administration of the National Park System.
(4) LAND MANAGEMENT-
(A) ZONING ORDINANCES- The zoning ordinances adopted by the Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley, Dighton, Freetown, and Somerset, and the Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a))), shall be considered to satisfy each standard and requirement described in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(B) VILLAGES- For the purpose of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in subparagraph (A) shall be considered to be a village.
(C) ACQUISITION OF LAND-
(i) LIMITATION OF AUTHORITY OF SECRETARY- With respect to each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may only acquire parcels of land—
(I) by donation; or
(II) with the consent of the owner of the parcel of land.
(ii) PROHIBITION RELATING TO ACQUISITION OF LAND BY CONDEMNATION- In accordance with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may not acquire any parcel of land by condemnation.

Subtitle B—Wild and Scenic Rivers Studies[edit]

SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.[edit]

(a) Designation for Study- Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following:
`(140) MISSISQUOI AND TROUT RIVERS, VERMONT- The approximately 25-mile segment of the upper Missisquoi from its headwaters in Lowell to the Canadian border in North Troy, the approximately 25-mile segment from the Canadian border in East Richford to Enosburg Falls, and the approximately 20-mile segment of the Trout River from its headwaters to its confluence with the Missisquoi River.'.
(b) Study and Report- Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:
`(19) MISSISQUOI AND TROUT RIVERS, VERMONT- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall—
`(A) complete the study of the Missisquoi and Trout Rivers, Vermont, described in subsection (a)(140); and
`(B) submit a report describing the results of that study to the appropriate committees of Congress.'.
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.

Subtitle C—Additions to the National Trails System[edit]

SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.[edit]

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:
`(27) ARIZONA NATIONAL SCENIC TRAIL-
`(A) IN GENERAL- The Arizona National Scenic Trail, extending approximately 807 miles across the State of Arizona from the U.S.-Mexico international border to the Arizona-Utah border, as generally depicted on the map entitled `Arizona National Scenic Trail' and dated December 5, 2007, to be administered by the Secretary of Agriculture, in consultation with the Secretary of the Interior and appropriate State, tribal, and local governmental agencies.
`(B) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in appropriate offices of the Forest Service.'.

SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.[edit]

(a) Authorization and Administration- Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5201) is amended by adding at the end the following:
`(28) NEW ENGLAND NATIONAL SCENIC TRAIL- The New England National Scenic Trail, a continuous trail extending approximately 220 miles from the border of New Hampshire in the town of Royalston, Massachusetts to Long Island Sound in the town of Guilford, Connecticut, as generally depicted on the map titled `New England National Scenic Trail Proposed Route', numbered T06/80,000, and dated October 2007. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. The Secretary of the Interior, in consultation with appropriate Federal, State, tribal, regional, and local agencies, and other organizations, shall administer the trail after considering the recommendations of the report titled the `Metacomet Monadnock Mattabesset Trail System National Scenic Trail Feasibility Study and Environmental Assessment', prepared by the National Park Service, and dated Spring 2006. The United States shall not acquire for the trail any land or interest in land without the consent of the owner.'.
(b) Management- The Secretary of the Interior (referred to in this section as the `Secretary') shall consider the actions outlined in the Trail Management Blueprint described in the report titled the `Metacomet Monadnock Mattabesett Trail System National Scenic Trail Feasibility Study and Environmental Assessment', prepared by the National Park Service, and dated Spring 2006, as the framework for management and administration of the New England National Scenic Trail. Additional or more detailed plans for administration, management, protection, access, maintenance, or development of the trail may be developed consistent with the Trail Management Blueprint, and as approved by the Secretary.
(c) Cooperative Agreements- The Secretary is authorized to enter into cooperative agreements with the Commonwealth of Massachusetts (and its political subdivisions), the State of Connecticut (and its political subdivisions), and other regional, local, and private organizations deemed necessary and desirable to accomplish cooperative trail administrative, management, and protection objectives consistent with the Trail Management Blueprint. An agreement under this subsection may include provisions for limited financial assistance to encourage participation in the planning, acquisition, protection, operation, development, or maintenance of the trail.
(d) Additional Trail Segments- Pursuant to section 6 of the National Trails System Act (16 U.S.C. 1245), the Secretary is encouraged to work with the State of New Hampshire and appropriate local and private organizations to include that portion of the Metacomet-Monadnock Trail in New Hampshire (which lies between Royalston, Massachusetts and Jaffrey, New Hampshire) as a component of the New England National Scenic Trail. Inclusion of this segment, as well as other potential side or connecting trails, is contingent upon written application to the Secretary by appropriate State and local jurisdictions and a finding by the Secretary that trail management and administration is consistent with the Trail Management Blueprint.

SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.[edit]

(a) Findings; Purpose-
(1) FINDINGS- Congress finds that—
(A) at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon;
(B) geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and
(C) in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail—
(i) to recognize the national significance of this phenomenon; and
(ii) to coordinate public and private sector entities in the presentation of the story of the Ice Age floods.
(2) PURPOSE- The purpose of this section is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities.
(b) Definitions- In this section:
(1) ICE AGE FLOODS; FLOODS- The term `Ice Age floods' or `floods' means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake Missoula.
(2) PLAN- The term `plan' means the cooperative management and interpretation plan authorized under subsection (f)(5).
(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(4) TRAIL- The term `Trail' means the Ice Age Floods National Geologic Trail designated by subsection (c).
(c) Designation- In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail.
(d) Location-
(1) MAP- The route of the Trail shall be as generally depicted on the map entitled `Ice Age Floods National Geologic Trail,' numbered P43/80,000 and dated June 2004.
(2) ROUTE- The route shall generally follow public roads and highways.
(3) REVISION- The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan.
(e) Map Availability- The map referred to in subsection (d)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(f) Administration-
(1) IN GENERAL- The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this section.
(2) LIMITATION- Except as provided in paragraph (6)(B), the Trail shall not be considered to be a unit of the National Park System.
(3) TRAIL MANAGEMENT OFFICE- To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail.
(4) INTERPRETIVE FACILITIES- The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan.
(5) MANAGEMENT PLAN-
(A) IN GENERAL- Not later than 3 years after funds are made available to carry out this section, the Secretary shall prepare a cooperative management and interpretation plan for the Trail.
(B) CONSULTATION- The Secretary shall prepare the plan in consultation with—
(i) State, local, and tribal governments;
(ii) the Ice Age Floods Institute;
(iii) private property owners; and
(iv) other interested parties.
(C) CONTENTS- The plan shall—
(i) confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled `Ice Age Floods, Study of Alternatives and Environmental Assessment' (February 2001) by—
(I) locating features more accurately;
(II) improving the description of features; and
(III) reevaluating the features in terms of their interpretive potential;
(ii) review and, if appropriate, modify the map of the Trail referred to in subsection (d)(1);
(iii) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and
(iv) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods.
(6) COOPERATIVE MANAGEMENT-
(A) IN GENERAL- In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
(B) AUTHORITY- For purposes of this paragraph only, the Trail shall be considered a unit of the National Park System.
(7) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with public or private entities to carry out this section.
(8) EFFECT ON PRIVATE PROPERTY RIGHTS- Nothing in this section—
(A) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
(B) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
(9) LIABILITY- Designation of the Trail by subsection (c) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.
(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section, of which not more than $12,000,000 may be used for development of the Trail.

SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL.[edit]

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5202(a)) is amended by adding at the end the following:
`(29) WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL-
`(A) IN GENERAL- The Washington-Rochambeau Revolutionary Route National Historic Trail, a corridor of approximately 600 miles following the route taken by the armies of General George Washington and Count Rochambeau between Newport, Rhode Island, and Yorktown, Virginia, in 1781 and 1782, as generally depicted on the map entitled `WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL', numbered T01/80,001, and dated June 2007.
`(B) MAP- The map referred to in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
`(C) ADMINISTRATION- The trail shall be administered by the Secretary of the Interior, in consultation with—
`(i) other Federal, State, tribal, regional, and local agencies; and
`(ii) the private sector.
`(D) LAND ACQUISITION- The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in land.'.

SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.[edit]

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5204) is amended by adding at the end the following:
`(30) PACIFIC NORTHWEST NATIONAL SCENIC TRAIL-
`(A) IN GENERAL- The Pacific Northwest National Scenic Trail, a trail of approximately 1,200 miles, extending from the Continental Divide in Glacier National Park, Montana, to the Pacific Ocean Coast in Olympic National Park, Washington, following the route depicted on the map entitled `Pacific Northwest National Scenic Trail: Proposed Trail', numbered T12/80,000, and dated February 2008 (referred to in this paragraph as the `map').
`(B) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the Forest Service.
`(C) ADMINISTRATION- The Pacific Northwest National Scenic Trail shall be administered by the Secretary of Agriculture.
`(D) LAND ACQUISITION- The United States shall not acquire for the Pacific Northwest National Scenic Trail any land or interest in land outside the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in land.'.

SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.[edit]

Section 5(a)(16) of the National Trails System Act (16 U.S.C. 1244(a)(16)) is amended as follows:
(1) By amending subparagraph (C) to read as follows:
`(C) In addition to the areas otherwise designated under this paragraph, the following routes and land components by which the Cherokee Nation was removed to Oklahoma are components of the Trail of Tears National Historic Trail, as generally described in the environmentally preferred alternative of the November 2007 Feasibility Study Amendment and Environmental Assessment for Trail of Tears National Historic Trail:
`(i) The Benge and Bell routes.
`(ii) The land components of the designated water routes in Alabama, Arkansas, Oklahoma, and Tennessee.
`(iii) The routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the emigration depots.
`(iv) The related campgrounds located along the routes and land components described in clauses (i) through (iii).'.
(2) In subparagraph (D)—
(A) by striking the first sentence; and
(B) by adding at the end the following: `No lands or interests in lands outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Trail of Tears National Historic Trail except with the consent of the owner thereof.'.

Subtitle D—National Trail System Amendments[edit]

SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.[edit]

(a) Authority To Acquire Land From Willing Sellers for Certain Trails-
(1) OREGON NATIONAL HISTORIC TRAIL- Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail.'.
(2) MORMON PIONEER NATIONAL HISTORIC TRAIL- Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail.'.
(3) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL- Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail.'.
(4) LEWIS AND CLARK NATIONAL HISTORIC TRAIL- Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail.'.
(5) IDITAROD NATIONAL HISTORIC TRAIL- Section 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail.'.
(6) NORTH COUNTRY NATIONAL SCENIC TRAIL- Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.'.
(7) ICE AGE NATIONAL SCENIC TRAIL- Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.'.
(8) POTOMAC HERITAGE NATIONAL SCENIC TRAIL- Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended—
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.'.
(9) NEZ PERCE NATIONAL HISTORIC TRAIL- Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended—
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: `No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail.'.
(b) Conforming Amendment- Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following:
`(c) Authorization of Appropriations-
`(1) IN GENERAL- Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a).
`(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL-
`(A) IN GENERAL- With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the `trail') designated by section 5(a)(12)—
`(i) not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and
`(ii) not more than $2,000,000 shall be appropriated for the development of the trail.
`(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS- The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.'.

SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS.[edit]

Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following:
`(g) Revision of Feasibility and Suitability Studies of Existing National Historic Trails-
`(1) DEFINITIONS- In this subsection:
`(A) ROUTE- The term `route' includes a trail segment commonly known as a cutoff.
`(B) SHARED ROUTE- The term `shared route' means a route that was a segment of more than 1 historic trail, including a route shared with an existing national historic trail.
`(2) REQUIREMENTS FOR REVISION-
`(A) IN GENERAL- The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails.
`(B) STUDY REQUIREMENTS AND OBJECTIVES- The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection.
`(C) COMPLETION AND SUBMISSION OF STUDY- A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study.
`(3) OREGON NATIONAL HISTORIC TRAIL-
`(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Oregon National Historic Trail.
`(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:
`(i) Whitman Mission route.
`(ii) Upper Columbia River.
`(iii) Cowlitz River route.
`(iv) Meek cutoff.
`(v) Free Emigrant Road.
`(vi) North Alternate Oregon Trail.
`(vii) Goodale's cutoff.
`(viii) North Side alternate route.
`(ix) Cutoff to Barlow road.
`(x) Naches Pass Trail.
`(4) PONY EXPRESS NATIONAL HISTORIC TRAIL- The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Pony Express National Historic Trail.
`(5) CALIFORNIA NATIONAL HISTORIC TRAIL-
`(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the California National Historic Trail.
`(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:
`(i) MISSOURI VALLEY ROUTES-
`(I) Blue Mills-Independence Road.
`(II) Westport Landing Road.
`(III) Westport-Lawrence Road.
`(IV) Fort Leavenworth-Blue River route.
`(V) Road to Amazonia.
`(VI) Union Ferry Route.
`(VII) Old Wyoming-Nebraska City cutoff.
`(VIII) Lower Plattsmouth Route.
`(IX) Lower Bellevue Route.
`(X) Woodbury cutoff.
`(XI) Blue Ridge cutoff.
`(XII) Westport Road.
`(XIII) Gum Springs-Fort Leavenworth route.
`(XIV) Atchison/Independence Creek routes.
`(XV) Fort Leavenworth-Kansas River route.
`(XVI) Nebraska City cutoff routes.
`(XVII) Minersville-Nebraska City Road.
`(XVIII) Upper Plattsmouth route.
`(XIX) Upper Bellevue route.
`(ii) CENTRAL ROUTES-
`(I) Cherokee Trail, including splits.
`(II) Weber Canyon route of Hastings cutoff.
`(III) Bishop Creek cutoff.
`(IV) McAuley cutoff.
`(V) Diamond Springs cutoff.
`(VI) Secret Pass.
`(VII) Greenhorn cutoff.
`(VIII) Central Overland Trail.
`(iii) WESTERN ROUTES-
`(I) Bidwell-Bartleson route.
`(II) Georgetown/Dagget Pass Trail.
`(III) Big Trees Road.
`(IV) Grizzly Flat cutoff.
`(V) Nevada City Road.
`(VI) Yreka Trail.
`(VII) Henness Pass route.
`(VIII) Johnson cutoff.
`(IX) Luther Pass Trail.
`(X) Volcano Road.
`(XI) Sacramento-Coloma Wagon Road.
`(XII) Burnett cutoff.
`(XIII) Placer County Road to Auburn.
`(6) MORMON PIONEER NATIONAL HISTORIC TRAIL-
`(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Mormon Pioneer National Historic Trail.
`(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:
`(i) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa).
`(ii) 1856-57 Handcart route (Iowa City to Council Bluffs).
`(iii) Keokuk route (Iowa).
`(iv) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska.
`(v) Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants).
`(vi) 1850 Golden Pass Road in Utah.
`(7) SHARED CALIFORNIA AND OREGON TRAIL ROUTES-
`(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail.
`(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:
`(i) St. Joe Road.
`(ii) Council Bluffs Road.
`(iii) Sublette cutoff.
`(iv) Applegate route.
`(v) Old Fort Kearny Road (Oxbow Trail).
`(vi) Childs cutoff.
`(vii) Raft River to Applegate.'.

SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.[edit]

Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following:
`(44) CHISHOLM TRAIL-
`(A) IN GENERAL- The Chisholm Trail (also known as the `Abilene Trail'), from the vicinity of San Antonio, Texas, segments from the vicinity of Cuero, Texas, to Ft. Worth, Texas, Duncan, Oklahoma, alternate segments used through Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, Wichita, Kansas, Abilene, Kansas, and commonly used segments running to alternative Kansas destinations.
`(B) REQUIREMENT- In conducting the study required under this paragraph, the Secretary of the Interior shall identify the point at which the trail originated south of San Antonio, Texas.
`(45) GREAT WESTERN TRAIL-
`(A) IN GENERAL- The Great Western Trail (also known as the `Dodge City Trail'), from the vicinity of San Antonio, Texas, north-by-northwest through the vicinities of Kerrville and Menard, Texas, north-by-northeast through the vicinities of Coleman and Albany, Texas, north through the vicinity of Vernon, Texas, to Doan's Crossing, Texas, northward through or near the vicinities of Altus, Lone Wolf, Canute, Vici, and May, Oklahoma, north through Kansas to Dodge City, and north through Nebraska to Ogallala.
`(B) REQUIREMENT- In conducting the study required under this paragraph, the Secretary of the Interior shall identify the point at which the trail originated south of San Antonio, Texas.'.

Subtitle E—Effect of Title[edit]

SEC. 5401. EFFECT.[edit]

(a) Effect on Access for Recreational Activities- Nothing in this title shall be construed as affecting access for recreational activities otherwise allowed by law or regulation, including hunting, fishing, or trapping.
(b) Effect on State Authority- Nothing in this title shall be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, and trapping.