[DOCID: f:sr382.110]
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Calendar No. 814
110th Congress Report
SENATE
2d Session 110-382
======================================================================
NEW ENGLAND NATIONAL SCENIC TRAIL DESIGNATION ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1528]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1528) to amend the National Trails
System Act to designate the New England National Scenic Trail,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
Act, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New England National Scenic Trail
Designation Act''.
SEC. 2. AUTHORIZATION AND ADMINISTRATION.
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) 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
Mattabesett 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.''.
SEC. 3. MANAGEMENT.
The Secretary of the Interior (hereafter in this Act referred to 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.
SEC. 4. 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 section may include provisions for
limited financial assistance to encourage participation in the
planning, acquisition, protection, operation, development, or
maintenance of the trail.
SEC. 5. ADDITIONAL TRAIL SEGMENTS.
Pursuant to section 6 of the National Trails System Act, 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.
Purpose
The purpose of H.R. 1528 is to amend the National Trails
System Act to designate the New England National Scenic Trail.
Background and Need
H.R. 1528 amends the National Trails System Act (16 U.S.C.
1241-1251) to designate most of the Metacomet-Monadnock-
Mattabesett (MMM) Trail System as the New England National
Scenic Trail. The MMM Trail System is a 190-mile trail route,
in existence for over half a century, which extends from the
Massachusetts border with New Hampshire through western
Massachusetts and Connecticut toward Long Island Sound.
The National Trails System Act of 1968 instituted a
national system of historic, scenic, and recreation trails.
National Scenic Trails are extended trails ``so located as to
provide maximum outdoor recreation potential, and for the
conservation and enjoyment of nationally significant scenic,
historic, natural, or cultural qualities of areas through which
such trails may pass.''
The Metacomet-Monadnock-Mattabesett Trail Study Act of 2002
(Public Law 107-338) directed the Secretary of the Interior to
study this trail system for potential addition to the National
Trails System. A Draft National Scenic Trail Feasibility Study
and Environmental Assessment were completed in Spring 2006. The
final version of the study was released in 2008.
The study found that the MMM Trail System hosts an array of
scenic features, classic New England landscapes, and historic
sites. The preferred alternative of the study calls for the
establishment of the New England National Scenic Trail to
incorporate most of the MMM Trail system, adjusted by some
rerouting and proposed extensions, for a total proposed length
of approximately 220 miles.
Legislative History
H.R. 1528 was introduced on March 14, 2007, by
Representative Olver. On October 10, 2007, the Committee on
Natural Resources reported the bill by voice vote (H. Rpt. 110-
502). On January 29, 2008, H.R. 1528 passed the House of
Representatives by a vote of 261-122. A companion measure, S.
923, was introduced by Senator Kerry on March 20, 2007.
Senators Kennedy, Dodd and Lieberman are cosponsors. On April
28, 2008, the Subcommittee on National Parks held a hearing on
both H.R. 1528 and S. 923. The Committee on Energy and Natural
Resources ordered it favorably reported on May 7, 2008.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass H.R 1528, if amended
as described herein.
Committee Amendment
During its consideration of H.R. 1528, the Committee
adopted an amendment in the nature of a substitute. The
amendment makes clarifying and technical changes recommended by
the Administration. The amendment also strikes a provision
related to the application of state and local laws to federal
lands within the trail. The provisions of the substitute are
described in more detail in the section-by-section analysis.
Section-by-Section Analysis
Section 1 contains the short title.
Section 2 amends section 5(a) of the National Trails System
Act by adding a new section to designate the New England
National Scenic Trail. The section also contains a map
reference and prohibits the United States from acquiring for
the trail any land or interest in land without the consent of
the owner.
Section 3 requires the Secretary to consider the actions
outlined in the Trail Management Blueprint as the framework for
management and administration of the New England National
Scenic Trail.
Section 4 authorizes the Secretary to enter into
cooperative agreements with the Commonwealth of Massachusetts,
the State of Connecticut, and other regional, local, and
private organizations deemed necessary to accomplish trail
management and protection.
Section 5 encourages the Secretary to work with the State
of New Hampshire and appropriate local and private
organizations to include that portion of the Metacomet-
Monadnock Trail as a component of the New England National
Scenic Trail. This section also states that inclusion of the
segment 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.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 1528--New England National Scenic Trail Designation Act
H.R. 1528 would amend the National Trails System Act to
designate approximately 220 miles of trail from Long Island
Sound in Connecticut to the New Hampshire-Massachusetts border
as a scenic trail in the National Trails System. The route
would include portions of the existing Mattabesett, Metacomet,
and Metacomet-Monadnock trails. The proposed route would not
involve any federal land. The National Park Service (NPS) would
administer the trail and coordinate the efforts of public and
private entities on trail administration, planning,
development, and maintenance. All activities would be carried
out in accordance with the Trail Management Blueprint, prepared
as part of a feasibility study for the trail.
Based on information provided by the NPS and assuming the
availability of appropriated funds, CBO estimates that
establishing and administering the proposed scenic trail would
cost about $2 million over the 2009-2013 period for
administrative and maintenance costs, including additional
personnel.
H.R. 1528 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On October 26, 2007, CBO provided a cost estimate for H.R.
1528 as ordered reported by the House Committee on Natural
Resources on October 10, 2007. The two bills are similar and
their estimated costs are the same.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 1528. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 1528, as ordered reported.
Congressionally Directed Spending
H.R. 1528, as reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The views of the Administration were included in testimony
received by the Committee at a hearing on H.R. 1528 on April
23, 2008.
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee today to discuss the views of the
Department of the Interior on S. 923 and H.R. 1528, bills to
amend the National Trails System Act by designating the New
England National Scenic Trail as a component of the National
Trails System.
The Department supports enactment of this legislation. At a
hearing on May 15, 2007, in the House Subcommittee on National
Parks, Forests, and Public Lands, the Department testified in
support of H.R. 1528.
S. 923 and H.R. 1528 would designate an approximately 220-
mile trail route from Long Island Sound in the Town of
Guilford, Connecticut, to the New Hampshire-Massachusetts
border in the Town of Royalston, Massachusetts, as the New
England National Scenic Trail. The route includes portions of
the existing Mattabesett, Metacomet, and Metacomet-Monadnock
trails studied under Public Law 107-338, the Metacomet-
Monadnock-Mattabesett Trail Study Act of 2002. The proposed New
England National Scenic Trail would be administered by the
Secretary of the Interior and managed through partnership
agreements with the State of Connecticut and the Commonwealth
of Massachusetts, the Connecticut Forest and Park Association,
the Appalachian Mountain Club, and other local stakeholders as
appropriate. There are no existing federal lands associated
with the proposed trail route and no new federal acquisition of
lands is anticipated to be necessary to accomplish the purposes
of S. 923 and H.R. 1528.
In spring 2006, the National Park Service produced the
draft report and environmental assessment for the Metacomet
Monadnock Mattabesett National Scenic Trail Feasibility Study.
The report, which was recently transmitted to Congress,
concludes that the proposed route meets the definition and
intent for national scenic trail establishment under the
National Trails System Act. The characteristics that make the
proposed route worthy of designation include its scenic
mountain landscape, historic New England villages, geological
resources, and an abundance of endangered and natural
communities.
The route traverses the Metacomet, Mt. Tom, and Mt. Holyoke
ranges offering some of New England's most outstanding scenery
and geologic features. Over 50 National Register Districts abut
the trail. There are outstanding views from the trail as well
as links to many side trails. The trail offers some the world's
best opportunities to view volcanic, sedimentary, and glacial
geology, including columnar basalt, fossils, and dinosaur
footprints. Areas along the trail have an outstanding richness
of habitat types, natural communities, and rare and endangered
species' habitats. In Connecticut, 132 occurrences of rare
species or natural communities have been documented within
1,000 feet of the trail.
In addition, one of the most important factors identified
in the National Trails System Act for evaluating potential new
components of the system is proximity to population centers.
Through the Act, Congress recognized the need to serve the
nation's population centers with quality recreational
opportunities. As such, the proposed New England National
Scenic Trail offers a truly extraordinary opportunity, with
over 2 million people living within 10 miles of the trail
system.
S. 923 and H.R. 1528 would implement the environmentally
preferred alternative of the study report and environmental
assessment. This alternative was developed through a
collaborative process with key trail stakeholders associated
with the existing Metacomet Monadnock and Mattabesett trails,
including the two states, the Appalachian Mountain Club, the
Connecticut Forest and Park Association, and the 39 abutting
communities. In addition, GIS mapping was cross-referenced
against community land ownership data to build for the first
time a database of more than 1,000 landowners on or near the
trail route. These landowners and entities were all engaged
directly in the study through regular mailings and invitations
to information meetings and working sessions. Input from all of
these sources was incorporated into the environmentally
preferred alternative, which includes the following elements:
First, the ``Blueprint for Management'' included in the
report was developed through input by a full range of study
participants to provide the best blueprint for long-term trail
viability. The National Park Service and Trail Stewardship
Council would base trail management, administration and
protection efforts on this document.
Second, the report calls for the creation of a Trail
Stewardship Council that would bring trail partners and
stakeholders together on a regular basis to discuss trail
issues, coordinate management and protection of the trail, and
generally guide implementation of the Management Blueprint. The
Council would have advisory powers only, and would be non-
regulatory in nature.
Third, the study identified no need for direct federal
ownership or management of the trail. Thus, the National Park
Service's role in implementing the proposed national scenic
trail designation would be one of technical and financial
assistance to existing trail partners, coordinated through the
Trail Stewardship Council.
Fourth, a new unifying name, the New England National
Scenic Trail, was suggested for national scenic trail purposes.
Traditional trail names would continue to be used in guidebooks
or on trail signs, as appropriate, such as the Mattabesett
Trail, part of the New England National Scenic Trail.
Finally, in addition to the proposed extension to Long
Island Sound in Guilford, Connecticut, a new route for the
national scenic trail is proposed in the Belchertown-Leverett
area of Massachusetts. The new route is envisioned to take
advantage of substantial state-owned lands that can provide a
quality, protected trail route, while avoiding a segment of the
Metacomet-Monadnock trail almost completely devoid of protected
lands.
The draft report and environmental assessment for the
Metacomet Monadnock Mattabesett Trail Study was released for
public and agency review in August 2006. An executive summary
was mailed to all identified trail landowners and stakeholders,
along with invitations to public meetings in Connecticut and
Massachusetts. Approximately 60 written responses were received
between August and December 2006. The vast majority of these
supported the environmentally preferred alternative, and only a
few comments were received in opposition to national scenic
trail designation.
The Department of Justice has advised us that requiring the
Secretary to manage and administer the trail consistent with
the Trail Management Blueprint may raise constitutional
concerns, and it would like to work with the committee on that
provision. In addition, the Department would like to work with
the committee on some technical amendments to the Senate
version of the bill to reflect the map reference contained in
the House-passed version of H.R. 1528.
This concludes my prepared remarks, Mr. Chairman. I will be
happy to answer any questions you or other committee members
may have regarding this bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill H.R. 1528 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 90-543--Oct. 2, 1968
16 U.S.C. 1241 et seq.
AN ACT To establish a national trails system, 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 ``National Trails System
Act''.
* * * * * * *
SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS.
(a) National Scenic and National Historic Trails shall be
authorized and designated only by Act of Congress. There are
hereby established the following National Scenic and National
Historic Trails:
* * * * * * *
(27) 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 Mattabesett
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.
* * * * * * *
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