H.R. 1261

To amend the National Trails System Act to improve the efficiency and fairness of acquiring railroad rights-of-way for interim use as public trails by applying the procedures applicable to other Federal real estate acquisitions.

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I

109th CONGRESS

1st Session

H. R. 1261

IN THE HOUSE OF REPRESENTATIVES

March 10, 2005

Mr. Ryun of Kansas introduced the following bill; which was referred to the Committee on Resources

A BILL

To amend the National Trails System Act to improve the efficiency and fairness of acquiring railroad rights-of-way for interim use as public trails by applying the procedures applicable to other Federal real estate acquisitions.

1.

Conveyance of railroad rights-of-way for interim use as public trails

(a)

Fair acquisition procedures

Section 8(d) of the National Trails System Act (16 U.S.C. 1247(d)) is amended—

(1)

by inserting (1) after (d); and

(2)

by adding at the end the following new paragraph:

(2)

In the case of any donation, transfer, lease, sale, or other conveyance of a railroad right-of-way for interim use described in paragraph (1), the interim use of the right-of-way shall not begin until the payment or deposit of compensation to each of the owners of the land underlying the right-of-way has been made—

(A)

in accordance with—

(i)

section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651); and

(ii)

sections 3113 and 3114 of title 40, United States Code; or

(B)

pursuant to the order of a court of competent jurisdiction in a condemnation proceeding consistent with such sections.

.

(b)

Effective date

Paragraph (2) of section 8(d) of the National Trails System Act, as added by subsection (a), shall apply only to the interim use of railroad rights-of-way pursuant to donations, transfers, leases, sales, or other conveyances described in such section that are entered into on or after the date of the enactment of this Act.