Sec. 4. Establishing Designated Operational Partners for national historic trails and national scenic trails
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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 paragraph (1), the Secretary concerned may designate an eligible entity described in subparagraph
(B)to serve as the Designated Operational Partner for any other covered trail. An eligible entity referred to in subparagraph
(A)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 a volunteer organization already serving a substantial operational role trail-wide or across a significant portion of the covered trail unless the Secretary concerned has determined that the lead management partner has failed to perform its responsibilities as agreed to or assigned under a management agreement with respect to the covered trail. An eligible entity designated as a Designated Operational Partner under subparagraph
(A)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. 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 paragraph
(2)if the Secretary concerned determines that the eligible entity has ceased to meet 1 or more of the criteria described in subparagraph
(B)of that paragraph. The Secretary concerned may, subject to such terms and conditions as the Secretary concerned considers to be appropriate, enter into a cooperative agreement with a Designated Operational Partner for a covered trail to provide for the operation of the covered trail. A cooperative agreement under paragraph (1)— shall be for a term of not more than 20 years; shall be for the purpose of facilitating the effective and efficient operation of the applicable covered trail under the cooperative management system of the covered trail; and may allow for sharing of responsibilities between the Designated Operational Partner and other entities. Notwithstanding any other provision of law, the Secretary concerned may, through a cooperative agreement under paragraph (1)— provide financial assistance to the Designated Operational Partner for the purpose of carrying out cooperative management activities, in accordance with section 7 or 11 of the National Trails System Act ( 16 U.S.C. 1246 , 1250), for the purpose of— providing stewardship for, preserving, conserving, or restoring— the natural resources of the covered trail; the historical and cultural resources of the covered trail; the scenic resources of the covered trail; or the recreational resources of the covered trail; providing stewardship for, developing, constructing, or maintaining facilities associated with the covered trail, including maintaining the treadway of a covered trail; developing, delivering, or acquiring educational materials or public communications regarding the covered trail, including maps and guides to facilitate use of the covered trail; or conducting activities to facilitate appropriate usage of the covered trail; carry out cooperative management activities for the covered trail; and provide goods or services to, or receive funds, goods, or services from, a Designated Operational Partner. Notwithstanding sections 541 through 559 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 under paragraph (1), subject to the requirement that the cooperative agreement shall prohibit the Designated Operational Partner, or any subsidiary or subdivision of the Designated Operational Partner, from— using the transferred property for purposes other than carrying out the duties and authorities of the Designated Operational Partner under the cooperative agreement; or transferring the transferred property to a recipient that is not a part of the cooperative management system of the covered trail. A Designated Operational Partner may seek and accept funds, property, or services from individuals, foundations, corporations, and other private and public entities— to carry out a cooperative agreement under paragraph (1); or for related purposes. A cooperative agreement under paragraph (1)— shall be considered to be a cooperative agreement under chapter 63 of title 31, United States Code; and in accordance with the assignment of responsibilities for the administration, management, and operation of the covered trail, may be a multilateral agreement among the Designated Operational Partner, the Secretary, and the Secretary of Agriculture, as applicable. The Secretary concerned shall proactively engage Designated Operational Partners in considering management actions that may affect efforts to fulfill the nature and purposes of a covered trail, as described in the comprehensive plan for the covered trail— to determine the overall potential impact of the administration and management actions on the covered trail; to develop alternatives or opportunities to avoid or mitigate undesirable impacts of administration and management actions on the covered trail; and to use trail information to develop plans that achieve the desired management outcome for the covered trail. 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 paragraph
(1)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 paragraph
(1)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 paragraph
(1)may be signed by— the applicable Designated Operational Partner; and any other entity operating under a cooperative or other agreement to support the cooperative management system of the applicable covered trail. Not later than 60 days after the date on which a request is submitted under paragraph (1), 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 subparagraph (A), 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 paragraph (1), or not later than 60 days after the date on which a Designated Operational Partner provides additional information under subparagraph
(B)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 in an action brought under this subsection, the relevant Federal district court may award to a Designated Operational Partner the costs of litigation (including reasonable attorney and expert witness fees) if the Designated Operational Partner is a prevailing or substantially prevailing party in the action, as the court determines to be appropriate. Nothing in this subsection— 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. In establishing and carrying out any policy relating to volunteers for a covered trail, the Secretary and the Secretary of Agriculture shall consider the volunteer coordination needs and practices of the applicable Designated Operational Partner and associated nongovernmental organizations engaged in the cooperative management of the covered trail through the cooperative management system of the covered trail. Before establishing or modifying a policy described in paragraph (1), the Secretary concerned shall— consult with any Designated Operational Partner engaged in operation of a covered trail; and take into account any considerations required under that paragraph. 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) ). 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 as 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 subparagraph (B), 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 instead of a parcel of land included on the proposed priority list; and a State shall 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 subparagraph (A)(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 or updating of proposed priority lists under this subsection. The Secretary concerned may enter into agreements with 1 or more entities that are not Designated Operational Partners, in accordance with the applicable procedures of the Department of the Interior or the Department of Agriculture, as applicable, and consistent with the National Trails System Act ( 16 U.S.C. 1241 et seq. )— to provide services with respect to a covered trail that are not provided by the Designated Operational Partner; or to advance partnerships for a covered trail to strengthen volunteer engagement and cooperative management, consistent with the comprehensive plan for the applicable covered trail. Chapter 10 of title 5, United States Code, shall not apply to a Designated Operational Partner or any committee established before, on, or after the date of enactment of this Act for purposes of a cooperative management system. 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. In accordance with section 7(i) of the National Trails System Act ( 16 U.S.C. 1246(i) ), the Secretary and the Secretary of Agriculture shall jointly promulgate regulations establishing procedures for resolving disputes with respect to the rejection of a comprehensive plan under paragraph (1). If a comprehensive plan rejected by a Designated Operational Partner under paragraph
(1)is subsequently submitted to Congress, the Secretary concerned shall submit to the appropriate committees of Congress a report that describes the basis for the submission of the rejected comprehensive plan by the Secretary concerned.
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Sec. 4
Establishing Designated Operational Partners for national historic trails and national scenic trails
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