Us Congress 2023-2024 Regular Session

Us Congress House Bill HB247

Introduced
1/10/23  
Refer
1/10/23  

Caption

Chisholm National Historic Trail and Western National Historic Trail Designation Act This bill designates (1) the Chisholm National Historic Trail, and (2) the Western National Historic Trail. The Department of the Interior shall administer any portion of these trails that is located on nonfederal land only (1) with the voluntary consent of the owner of the nonfederal land, and (2) if the portion qualifies for certification as a component of the applicable trail. The approval by an owner of applicable nonfederal land of a certification agreement shall satisfy the voluntary consent requirement. A certification agreement may be terminated at any time. The establishment of these trails does not authorize any person to enter private property without the consent of the private property's owner. Interior may accept a donation of land or an interest in land for these trails, with specified exceptions. Land or an interest in land may not be acquired for these trails by eminent domain or condemnation.

Impact

The bill outlines specific administration protocols, stating that the Secretary of the Interior will oversee the trails, particularly any segments that fall on non-federal land, contingent upon the voluntary consent of landowners. Notably, the bill prohibits land acquisition through eminent domain or condemnation. This provision is significant as it respects property rights while encouraging cooperation with private landowners. The Secretary has the authority to accept donations of land for the trails, provided they meet certain criteria. This aligns with broader goals of preserving American heritage while fostering stakeholder participation in historical preservations.

Summary

House Bill 247, officially titled the 'Chisholm National Historic Trail and Western National Historic Trail Designation Act', proposes to officially designate the Chisholm National Historic Trail and the Western National Historic Trail as part of the National Trails System. The Chisholm Trail was primarily used by ranchers and drovers to transport cattle to market between 1867 and 1884, while the Western Trail served a similar purpose between 1874 and 1897. The legislation seeks to recognize and preserve these historical routes by detailing their paths from Texas through Oklahoma to Kansas and Nebraska, according to findings from a 2019 feasibility study by the National Park Service.

Contention

Debates surrounding HB 247 have highlighted concerns regarding the implications of federal oversight on private land rights. Critics may worry about potential encroachments on private property, even with the stipulation against eminent domain. Furthermore, the bill clarifies that its establishment will not create buffer zones that could limit other land uses, such as energy development, thus attempting to balance conservation efforts with economic growth. Discussions may also reflect differing perspectives on historical memory and the preservation of cultural resources, particularly in regions significantly impacted by the cattle industry.

Companion Bills

No companion bills found.

Previously Filed As

US HCR94

Urging the U.S. Congress to designate the Chisholm Trail and the Great Western Trail as National Historic Trails.

US HCR68

Urging the U.S. Congress to designate the Chisholm Trail and the Great Western Trail as National Historic Trails.

US SB5307

A bill to redesignate the National Historic Trails Interpretive Center in Casper, Wyoming, as the "Barbara L. Cubin National Historic Trails Interpretive Center".

US HB10157

To redesignate the National Historic Trails Interpretive Center in Casper, Wyoming, as the "Barbara L. Cubin National Historic Trails Interpretive Center".

US SB790

A bill to redesignate the National Historic Trails Interpretive Center in Casper, Wyoming, as the "Barbara L. Cubin National Historic Trails Interpretive Center".

US HB1693

To redesignate the National Historic Trails Interpretive Center in Casper, Wyoming, as the "Barbara L. Cubin National Historic Trails Interpretive Center".

US HB9604

Rails to Trails Landowner Rights Act

US HB4338

Route 66 National Historic Trail Designation Act

US SB2506

Route 66 National Historic Trail Designation Act

US HB226

Eastern Band of Cherokee Historic Lands Reacquisition Act This bill takes specified lands and easements in Monroe County, Tennessee, into trust for the use and benefit of the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum, the Chota Memorial, the Tanasi Memorial, and land to provide support for these properties and cultural programs. The Tennessee Valley Authority (TVA) maintains its right to carry out river control and development on these lands, including temporarily and intermittently flooding certain lands. The bill specifies the structures that may be constructed with the TVA's written consent on certain lands subject to flooding. Additionally, the TVA must be compensated for lost hydropower capacity from future development of these lands. Further, the bill specifies that the United States is not liable for loss or damage resulting from certain activities, such as the permanent flooding of adjacent lands. In addition, the bill outlines the TVA's continuing responsibilities, including those related to environmental remediation. Finally, the bill prohibits gaming on these lands.

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