Mr. Chairman, I yield myself such time as I may consume. H.R. 1528 amends the National Trails System Act to designate most of an existing trail system in Massachusetts and Connecticut as the New England National Scenic Trail. In 2002,…
Mr. Chairman, I yield myself such time as I may consume.
H.R. 1528 amends the National Trails System Act to designate most of an existing trail system in Massachusetts and Connecticut as the New England National Scenic Trail. In 2002, Congress directed the National Park Service to study this trail for potential addition to the National Trails System. The draft study, completed in 2006, supports designation of the trail, with some changes to the route to address landowner concerns. The administration has testified that no major changes in the study are expected, and expressed support for the measure in testimony before the Natural Resources Committee.
The trail runs 220 miles through the heart of Connecticut and Massachusetts, past some of the most spectacular vistas and landscapes in New England. The trail offers some of the world's best opportunities to view volcanic and glacial geology, including fossil and dinosaur footprints. The proposed trail also fulfills another requirement of the National Trails System Act by being close to population centers. This trail has over 2 million people that live within 10 miles of the route, and this accessibility makes the trail a wonderful recreational opportunity.
The route of the trail crosses land owned by State and local governments and by private landowners. No Federal land is involved. Local trails associations have obtained permission from landowners allowing existing trails to cross their lands. If a landowner requests that the association close the trail on his or her property, the association honors that request. The NPS study identified no need for direct Federal trail ownership or direct Federal trail management.
If H.R. 1528 is enacted, the role of the National Park Service in implementing the designation would be to provide technical and financial assistance to
the existing trail partners, including State, tribal, regional and local agencies, the Appalachian Mountain Club, and the Connecticut Forest and Park Association. H.R. 1528 is cosponsored by Members representing all the affected districts in Connecticut and Massachusetts, and enjoys energetic support from the affected local communities.
Mr. Chairman, this is a good bill, and I want to commend my colleague from Massachusetts (Mr. Olver) for his commitment and leadership on this matter. We support the passage of H.R. 1528, and urge its adoption by the House today.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I appreciate the comments that the gentleman from Utah, the ranking member of the subcommittee, made. There is a point of consistency, too. As we talked about the effects, I thought we were talking about a trail bill, not a farm bill, but the effects of the Federal Government on private land.
I would suggest that part of the consistency would be to quit incentivizing extraction of mining claims and mining rights on private property, that that would be consistent. It would be consistent also to not have eminent domain and condemnation with regard to road construction of Federal roads and energy corridors. I think that kind of points out the fact that we are talking two different things here. We are talking about a trail that has already been through the process and the study and that merits our support today.
Mr. Chairman, I yield 5 minutes to the gentleman from Connecticut (Mr. Murphy).
Mr. Chairman, I yield 3 minutes to the gentleman from Connecticut (Mr. Courtney), a cosponsor of this legislation.
Mr. Chairman, I yield 3 minutes to the gentlewoman from Connecticut (Ms. DeLauro).
Mr. Chairman, at this time I would like to yield to the sponsor of this legislation, the gentleman from Massachusetts (Mr. Olver) such time as he may consume.
Mr. Chairman, at this time I yield 2 minutes to the distinguished gentleman from Connecticut (Mr. Larson).
(Mr. LARSON of Connecticut asked and was given permission to revise and extend his remarks.)
Mr. Chairman, it's a good piece of legislation, well crafted, well worked. Many of the doomsday scenarios we've heard about condemnation have no relationship to this legislation. I would urge its adoption.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, this draft report that I'm holding is entitled The National Scenic Trail Feasibility Study and Environmental Assessment.
Like many products of the Federal Government, it's lengthy and complicated. But let's be perfectly clear. We're not waiting for a separate environmental assessment. It's all done and it's all in here.
Even though it's labeled a draft report, the National Park Service doesn't do drafts like a high school assignment does drafts. This is a 75-page bound document, eight full color fold-out maps. It draws on more than 90 sources, from books on dinosaur footprints to books on the pioneers who first set foot on those trails, from scholarly histories of the ancient Earth to histories of the small communities along the trail. This study is done.
In reality, the process of changing the study from a draft into a final report is a bureaucratic one; it is not a substantive one, which makes this amendment dilatory, at best, and not a substantive one.
The draft study was completed in August of 2006. It has been under review at the Department of the Interior for 17 months. The National Park Service tells us that it needs approximately one dozen signatures from various Interior officials in order to be considered final. That's all we're waiting for.
In effect, therefore, the amendment could have us abdicate our authority and responsibility to designate trails and pass that authority over to the Secretary, so that whenever he and the various Deputy Assistant Secretaries at Interior get around to signing off on the study, then the trail would be designated. Such an abdication would not lead to a better study; it would just lead to delay.
It might be different, Mr. Chairman, if my good friend from Utah could point out something that is lacking in this study, if he wanted to wait because he felt the analysis of the affected environment on pages 61 and 62 were not entirely complete, or if he was contending that the book The Indian Tribes of North America by John R. Swanton and the Smithsonian Institution Press should not have been relied on in this study.
That is not the case, Mr. Chairman. The work of the study is done. The administration came before the National Parks, Forest and Public Lands Subcommittee in May and testified they do not anticipate any substantive changes to this document and that they support the designation.
Congress has, in this study, more than sufficient documentation to establish this trail. There is no reason to delay this designation. Only if you simply oppose the trail, then that would be the reason for delay.
Mr. Chairman, it's not the role of the Secretary of the Interior to designate trail. It's the role of this Congress, and we should get on with it. I urge a ``no'' vote on this amendment.
Mr. Chairman, I yield back my time.
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, let me just say that this amendment is completely unnecessary. The trail crosses State land that is State- owned, local, and the property of willing private landowners. That's all. State and local hunting and fishing laws clearly govern all of these lands.
What's more, this amendment refers to ``all designated and future designated land within the New England National Scenic Trail, including all Federal lands.''
Mr. Chairman, once again, there are no Federal lands involved here.
So in addition to being unnecessary, the amendment is drafted and applies to land that does not exist.
Secondly, we are perplexed as to why we would single out State and local laws on hunting and fishing and the possession or use of a weapon, trap, or net. Why would we state that these laws, which, as I have already said, obviously apply to the lands along the trail, why would we state that these laws apply but not mention other equally applicable State and local laws.
The amendment could legitimately cause someone to wonder, because we mention only these activities, are other State and local laws somehow rendered inactive by this bill?
A Federal trail designation does not preempt State and local laws. But this amendment might make some believe that it does.
This amendment is not intended to solve what I believe is a real problem. It's, rather, an attempt to inject a made-up issue into a simple, straightforward trail designation. In the end, this amendment really only confuses the issue.
Having said that, however, if the language makes Mr. Bishop comfortable enough to support this legislation, we are willing to consider it. We do not believe that it is needed or really even helpful. It will burden the bill, despite its redundancy, only slightly; and in the spirit of bipartisanship, we accept Mr. Bishop's language.
Mr. Chairman, I yield back the balance of my time.
Madam Speaker, I rise in opposition to the motion to recommit.
Madam Speaker, we accepted a motion on hunting and fishing that was consistent with State laws because that seemed to be the most pressing issue in the discussion and debate over this legislation. Now we have a motion to recommit that tries to solve a problem already dealt with which is easily and simply dealt with with the underlying legislation.
The bill specifically prohibits condemnation, so there is no legitimate concern regarding private property rights. There is no legitimate reason to say the same thing over and over again. But now we're in a whole other realm. We're in a conspiracy theory, Federal bogeyman kind of discussion where proponents of the bill say, Well, sure, you have stopped Federal condemnation, but what about our doomsday scenario where the Feds and a State or a locality team up in some secret plan to have the State condemn the land and then give it to the Feds. We better stop that scenario as well.
The point of the matter is that this motion is about usurping local control and, indeed, giving it to the Federal Government. I want to say enough is enough. At what point have we gone far enough to deal with any legitimate problem?
Supporters of this amendment and the motion see condemnation under every rock and around every corner, and there could never be enough language in this bill or any other bill to satisfy them.
Even worse, proponents of this language know full well that neither this motion nor anything else we do here in Congress can stop States from exercising their condemnation authority. Here we have a motion that is both completely unnecessary and completely ineffective. There is no condemnation under this bill. Proponents of this motion need to move on.
I urge defeat of the motion to recommit.
Madam Speaker, I yield to the gentleman from Massachusetts (Mr. Olver).
Madam Speaker, I urge a ``no'' vote on the motion to recommit.
Madam Speaker, I yield back the balance of my time.
Madam Speaker, I demand a recorded vote.