HR5134-119

1. Short title This Act may be cited as the Appalachian Trail Centennial Act.

2. Congressional declaration of policy Congress declares that— the large landscape conservation work relating to national historic trails and national scenic trails is built on partnership, collaboration, and community engagement; national historic trails and national scenic trails— are landscape conservation tools; and 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.); 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.); the Appalachian National Scenic Trail, 1 of the first 2 components of the National Trails System— is a realm of natural, scenic, historical, and cultural wonder available to all; and is a model for cooperative management and public-private partnership; the centennial of the Appalachian Trail Conservancy in 2025 is an opportunity to strengthen the precepts of the cooperative management model— pioneered on the Appalachian National Scenic Trail; and to be replicated as appropriate throughout the National Trails System; 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— 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 are the expert, dispersed corps of volunteers who provide much of the day-to-day cooperative operation of the Appalachian National Scenic Trail; 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; the Federal Government is responsible for— the administration of national historic trails and national scenic trails; and in cases in which the United States is the landowner, the management of national historic trails and national scenic trails; 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; 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 it is the policy of the Federal Government that national historic trails and national scenic trails— are conservation units managed and operated in partnership with governmental and nongovernmental entities; and while administered by Federal agencies, are intended to be cooperatively developed with appropriate non-Federal Governmental and nongovernmental partners.

3. Definitions In this Act: 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. 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). 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— permissible under law; and within the categories of— administration; management; and operation. The term cooperative management system, with respect to a covered trail, means the negotiated management structure for cooperative management of the covered trail, including— Federal and State trust resource managers; Tribal governments; nongovernmental organizations; and volunteers organized by entities described in subparagraphs (A) through (C). 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)). 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). The term gateway community means a municipality or unincorporated settlement in the vicinity of a covered trail. 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. The term operation, with respect to a covered trail, means any activity permissible under law that— is carried out pursuant to a cooperative agreement on land on which the covered trail is located; is not an activity of administration; and 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. The term operation includes— the identification and acquisition of land for a covered trail; the planning, construction, and maintenance of a facility or other improvement on, across, or along a covered trail; the provision of services for a covered trail; the conceptual development of a covered trail; the maintenance of the treadway of a covered trail; conducting a research project relating to a covered trail; the provision to volunteers of education and training relating to methods of planning for, construction of, and maintenance of a covered trail; and the conservation of natural, cultural, or other resources associated with a covered trail. The term proposed priority list means a proposed priority list for a covered trail developed under section 4(b)(3). The term Secretary means the Secretary of the Interior. The term Secretary concerned means— the Secretary, with respect to a covered trail administered by the Secretary; and the Secretary of Agriculture, with respect to a covered trail administered by the Secretary of Agriculture. 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. The term volunteer organization means any organization providing operation or management support to a covered trail administrator or land manager, including by organizing volunteers.

4. Strengthening administration, management, and operation for national historic trails and national scenic trails Each covered trail shall be— a unit of the National Trails System; and a unit of the federally administered area to which the Secretary concerned assigns the covered trail. 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. 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— are capable of supporting the partnership nature of the covered trail as a mechanism for conservation, volunteer mobilization, and land and facility management; and would be successful partners for the applicable covered trail. An eligible entity referred to in clause (i) is an organization, institution, corporation, or other entity that, as determined by the Secretary concerned— is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code; 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.); has a plan for providing, facilitating, and coordinating the services of volunteers to contribute to the stewardship of the covered trail; has a record, including through a predecessor organization, of engagement with the establishment, management, maintenance, or operation of the covered trail; adheres to reasonable financial, accounting, and risk management practices; adheres to applicable requirements of Federal agreements, grants, and contracts; and 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. 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. An eligible entity designated as a Designated Operational Partner under clause (i) may be a direct beneficiary or recipient of appropriated funds without competition. Designation of a Designated Operational Partner for a covered trail shall be considered to be a continuation or completion of a present-funded activity. 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. 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— to investigate the allegation; and to enforce the rights of the United States by preventing, reducing, mitigating, or remediating the adverse effects of the alleged violation. A request under subparagraph (A) shall include, to the maximum extent practicable, detailed information relating to the alleged trespass, infringement, or violation, including— the nature, location, duration, and known identity of any alleged offender; any efforts carried out to address the alleged violation; any impacts of the alleged violation on the applicable covered trail or resources of the covered trail; and any requested remedy. A request under subparagraph (A) shall be— submitted to the Secretary concerned and appropriate United States Attorney by— electronic means; or delivery to the address on file for official correspondence; and clearly identified as a Designated Operational Partner Request for Redress. A request under subparagraph (A) may be signed by— the applicable Designated Operational Partner; and any other individual or entity that is a part of the cooperative management system of the applicable covered trail. Not later than 60 days after the date on which a request is submitted under subparagraph (A), the Secretary shall submit to the United States Attorney for the Federal district court in which the applicable alleged trespass, infringement, or violation occurred and the Designated Operational Partner an assessment of the alleged violation. Not later than 30 days after the date on which the Designated Operational Partner receives an assessment under clause (i), the Designated Operational Partner may provide to the Secretary concerned and the relevant United States Attorney additional information relating to the alleged violation. Not later than 150 days after the date on which a request is submitted to a United States Attorney under subparagraph (A), and not later than 60 days after the date on which a Designated Operational Partner provides additional information under clause (ii) to the United States Attorney, if applicable, the United States Attorney shall submit to the Secretary concerned and the Designated Operational Partner information regarding whether the United States Attorney is pursuing redress for the alleged violation. In issuing any final order with respect to a petition brought under this subsection, the relevant Federal district court may award to a Designated Operational Partner the costs of petitioning (including reasonable attorney and expert witness fees) if the Secretary or United States Attorney takes action to address the alleged violation of the rights of the United States. Nothing in this paragraph— limits any cause of action that the Federal Government may have under any other law; obligates— a Designated Operational Partner to participate, or to present claims or defenses, in any civil action relating to the property rights of the Federal Government; or the Federal Government to participate, or to present claims or defenses, in any civil action relating to the property rights of the Designated Operational Partner; or makes— a Designated Operational Partner a necessary party in any action relating to the property rights of the Federal Government; or the Federal Government a necessary party in any action relating to the property rights of the Designated Operational Partner. Each Designated Operational Partner shall periodically develop and submit to the Secretary concerned and the heads of any other appropriate Federal land management agencies a proposed priority list for land and resource protection for the applicable covered trail. A proposed priority list shall be considered to advance the planning and development of the applicable covered trail in accordance with section 2(c) of the National Trails System Act (16 U.S.C. 1241(c)). Nothing in this Act— conveys any land protection authority not included in the National Trails System Act (16 U.S.C. 1241 et seq.); or prioritizes the use of funds for land protection projects on covered trails over funds for other land protection projects. A Designated Operational Partner shall include on a proposed priority list— the location and current ownership of each parcel of land identified for inclusion in the applicable covered trail; the desired nature of ownership of each parcel of land identified for inclusion in the covered trail, including a partial or fee ownership; the name of the owner of each identified parcel of land; a description of the benefit to the covered trail in the preservation of scenic, recreational, historical, natural, or cultural values for which the covered trail was designated; and the name of any nongovernmental partner committed to advancing the protection of parcels of land identified on the proposed priority list for inclusion in the covered trail. In developing a proposed priority list, a Designated Operational Partner shall— solicit input from a variety of governmental, nongovernmental, Federal, and State partners, the scope of which shall be limited to a landscape or physiographic region agreed to by the Designated Operational Partner and the Secretary concerned; and establish criteria to prioritize land and resource protection recommendations included on the proposed priority list. In using Federal funds to protect land for a covered trail— the Secretary concerned shall prioritize the use of funds for land identified for Federal protection in the applicable proposed priority list, except to the extent that the Secretary concerned determines, based on considerations set forth in the National Trails System Act (16 U.S.C. 1241 et seq.) and the comprehensive plan for the covered trail, and subject to clause (ii), that— a parcel of land included on the proposed priority list should not be prioritized; or a parcel of land not included on the proposed priority list should be prioritized; and a State is encouraged to incorporate land identified for State protection in the applicable land and resource conservation plan of the State, as appropriate, in accordance with State law. If the Secretary concerned determines under clause (i)(I) that a parcel of land included on the proposed priority list should not be prioritized or that a parcel of land not included on the proposed priority list should be prioritized instead of a parcel of land included on the proposed priority list, the Secretary concerned shall submit to the Designated Operational Partner notice of the determination, including a detailed explanation of the reason for the determination. Not less frequently than once every 5 years, the Secretaries concerned shall submit to Congress a report that describes any progress or lack of progress of the Secretaries concerned with respect to advancing land and resource conservation objectives under proposed priority lists. There are authorized to be appropriated to each of the Secretary and the Secretary of Agriculture such sums as are necessary to carry out planning activities relating to the development, updating, and implementation of proposed priority lists under this paragraph. Notwithstanding subsections (e) and (f) of section 5 of the National Trails System Act (16 U.S.C. 1244), a Designated Operational Partner may accept or reject— a proposed comprehensive plan for the applicable covered trail; and any amendments or revisions to the comprehensive plan for the applicable covered trail (other than an addendum to a comprehensive plan for the applicable covered trail prepared in accordance with the process established under subsection (g)(3)). If a comprehensive plan or amendment or revision to a comprehensive plan rejected by a Designated Operational Partner under subparagraph (A) is subsequently submitted to Congress, the Secretary concerned shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the basis for the submission of the rejected comprehensive plan or amendment or revision to the comprehensive plan by the Secretary concerned. Notwithstanding subchapter III of chapter 5 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 entered into under section 7(h) of the National Trails System Act (16 U.S.C. 1246(h)). A transfer of surplus personal property under subparagraph (A) shall be subject to the condition that the Designated Operational Partner to whom the property is transferred (including any subsidiary or subdivision of the Designated Operational Partner) may not— use the transferred property for purposes other than carrying out the duties and authorities of the Designated Operational Partner under the cooperative agreement; or transfer the transferred property to a recipient that is not a part of the cooperative management system of the covered trail. Nothing in this Act or the National Trails System Act (16 U.S.C. 1241 et seq.)— provides any authority to a Designated Operational Partner, other volunteer organization, volunteer, or other individual or entity any authority to issue, amend, or revoke any land use authorization unless provided for explicitly by statute; except as specifically provided in this Act or the National Trails System Act (16 U.S.C. 1241 et seq.), removes or transfers any authority otherwise provided by law; or except as authorized by the processes established under this Act or the National Trails System Act (16 U.S.C. 1241 et seq.), provides any Designated Operational Partner, other volunteer organization, volunteer, or any other individual or entity authority over the property, holdings, or possessory or other interest of any other partner to a covered trail. In making administration, management, or operational decisions that would impact the ability of volunteers or a volunteer organization to serve a substantial role on covered trails, the Secretary concerned shall— rather than presuming absolute control over the covered trail by the Federal Government, encourage the participation of volunteers and volunteer organizations; and to the extent practicable, remedy constraints on supporting the role of volunteers and volunteer organizations on covered trails. The Secretary and the Secretary of Agriculture shall use the rulemaking authority of section 7(i) of the National Trails System Act (16 U.S.C. 1246(i)), the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.), and any other applicable law to establish, by regulation, a fee collection and distribution system under which the administrator of a covered trail may collect all permits and fees levied by federally administered areas and State-administered areas traversed by a covered trail, to be remitted to the applicable federally administered area or State-administered area levying the permits and fees. Chapter 10 of title 5, United States Code, shall not apply to the cooperative management of a covered trail. A covered trail shall be eligible for funds made available for— a unit of the National Trails System; any federally administered area to which the covered trail is assigned; and any federally administered area traversed by the covered trail. The location of a covered trail on land managed by 1 Federal agency shall have no impact on the eligibility of the covered trail for funding for any project, planning, volunteer or visitor support effort, or any other component of administering a covered trail by any other Federal agency. A covered trail shall be eligible for amounts made available from the Land and Water Conservation Fund established under chapter 2003 of title 54, United States Code. The Secretary concerned shall use interagency and intergovernmental partnerships to ensure the maximum recreational and conservation potential of a covered trail is achieved. To the maximum extent practicable, the administrator of a covered trail shall enter into a cooperative agreement under the National Trails System Act (16 U.S.C. 1244 et seq.), for a term of not longer than 20 years, with a volunteer organization partner, under which— the administrator of the covered trail shall delegate to the volunteer organization partner the authority to operate the covered trail (including the provision of financial assistance for such purpose); operational and management responsibilities with respect to the covered trail shall be shared between the administrator of the covered trail and volunteer organization partner, including subsidiaries or delegees of the volunteer organization partner; or any other appropriate arrangement between the administrator of the covered trail and the volunteer organization partner authorized by the National Trails System Act (16 U.S.C. 1244 et seq.) shall be carried out. The applicable comprehensive plan— shall be incorporated into the management of each federally administered area traversed by the covered trail; and should be appropriately considered by State-administered areas that are traversed by a covered trail. In updating a general management plan or similar unit-level plan applicable to a federally administered area traversed by a covered trail, the Secretary concerned shall incorporate the requirements of any applicable comprehensive plan. The Secretary concerned shall use the rulemaking authority of section 7(i) of the National Trails System Act (16 U.S.C. 1246(i)) to establish, by regulation, a process for addenda to comprehensive plans, as appropriate, to address location-or topic-specific administration, management, or operation issues. The process established under subparagraph (A) shall require that any addendum to a comprehensive plan shall be developed after consultation with the applicable land manager and Designated Operational Partner, as applicable. For a covered trail that is subject to subsection (e) or (f) of section 5 of the National Trails System Act (16 U.S.C. 1244), the applicable comprehensive plan shall ensure that the visitor capacity requirement for the covered trail is determined based on visitor capacities for targeted sites, trail segments, or areas of the covered trail.

5. Improving covered trail planning and development The Secretary concerned shall determine the visitor capacity of a covered trail that is subject to subsection (e) or (f) of section 5 of the National Trails System Act (16 U.S.C. 1244)— based on the desired conditions of the specific portion or segment of a covered trail rather than the entire covered trail; and in accordance with applicable laws and agency policies, including the applicable comprehensive plan. Not later than 3 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary and the Secretary of Agriculture shall identify 1 or more methods to assess the economic impact of covered trails on gateway communities. In identifying methods under paragraph (1), the Secretary and the Secretary of Agriculture shall, to the maximum extent practicable— aggregate and extrapolate economic impact information from existing data, such as data from land units on which covered trails are located; use State and county economic impact information; partner with State and local governments; and leverage the cooperative management systems of the covered trails and local and landscape-wide partnerships to obtain and process relevant information and report any relevant findings. Congress finds that— the designation of a covered trail is the onset of the long-term development and planning for the covered trail, rather than the conclusion of those activities; and the cultivation of partnerships, the acquisition of land, including interests in land and land use agreements, the conduct of accessible and inclusive interpretation, and the development of recreational facilities, as appropriate for covered trails, are needed to advance the purposes of the National Trails System Act (16 U.S.C. 1241 et seq.) to meet the ever-expanding outdoor recreation needs of the United States. The Secretary and the Secretary of Agriculture, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— not later than 3 years after the date of enactment of this Act, a report that describes the successes and challenges in developing and planning covered trails; and not later than 5 years after the date of enactment of this Act, a report that assesses the desired conditions and use of facilities on each covered trail with respect to— visitor usage of specific segments or sites of the covered trail, including the extent to which visitors use the covered trail in groups of not fewer than 10 individuals; proposed priority segments or sites for additional facilities or protection of additional land or resources identified by relevant cooperative management partners; and any activities that the Secretary and the Secretary of Agriculture determine are necessary to advance the development of and planning for the covered trail consistent with the partnership nature of covered trails. In preparing the reports under paragraph (2), the Secretary and the Secretary of Agriculture shall consult with— communities located in the vicinity of the proposed segments and sites described in paragraph (2)(B)(ii); federally recognized Indian Tribes; any Federal and State agencies that manage land traversed by covered trails; and Designated Operational Partners and other cooperative management partners of covered trails. There are authorized to be appropriated to the Secretary and the Secretary of Agriculture— for each of fiscal years 2026 through 2031, such sums as are necessary— to carry out subsection (a); to identify the methods under subsection (b); and to prepare the reports required under subsection (c); and for each of fiscal years 2026 through 2031, through programs determined to be appropriate by the Secretary and the Secretary, such sums as are necessary for the acquisition, construction, and development of facilities (including the acquisition of land or interests in land) for covered trails.