Tax credit for trail donations benefits wealthy landowners, costs federal budget
H.R. 9168 — Complete America’s Great Trails Act · Filed by James Walkinshaw (D-VA) · Introduced Jun 4, 2026 · Referred to committee
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What it does
This bill creates a new federal income tax credit equal to the fair market value of land donations that include National Scenic Trails and their corridors. Landowners who donate conservation easements protecting trails can claim the credit against their income taxes, with unused credits carried forward up to 10 years. The bill allows continued recreational and agricultural use of the land without disqualifying the donation, and requires the Interior Department to study whether the credit should be made refundable or transferable.
Why we flagged it
The bill's core mechanism is a tax credit designed to incentivize land conservation for scenic trails—a legitimate public-policy tool. However, the structure concentrates benefits on high-net-worth landowners able to claim large credits, making it a tax expenditure that favors private wealth while pursuing a public conservation goal.
What the text implies
- The credit's value is tied to 'highest and best use' of the property, potentially inflating valuations and tax benefits for land near development pressure—landowners in high-demand areas receive larger credits than those in rural areas.
- No income limit or cap on individual credit size; a single large donation could generate a six- or seven-figure tax credit, concentrating benefits among the wealthiest landowners.
- The 10-year carryforward allows taxpayers to spread credits across multiple years, potentially enabling tax-avoidance strategies if combined with income-timing techniques.
- Continued recreational and agricultural use (including motor vehicle use) is permitted without impairing the conservation benefit, potentially allowing commercial recreation or intensive farming that limits actual trail protection.
- The study requirement (Section 2(c)) signals legislative uncertainty about refundability and transferability—if adopted, these could dramatically expand the credit's cost and shift benefits further toward investors and intermediaries.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Citizens gain public access to protected scenic trails and conservation of natural lands, a genuine public benefit. However, the credit is a direct tax expenditure—foregone federal revenue that must be made up elsewhere or reduces public spending—and the primary beneficiaries are landowners wealthy enough to own trail-adjacent property and claim large tax credits, creating a regressive subsidy structure.
Who stands to gain
- High-net-worth landowners with trail-adjacent property
- Conservation easement intermediaries and land trusts (if credit is later made transferable)
- Tax advisory and appraisal firms (valuation services for conservation contributions)
Named in the bill
Internal Revenue Service, Department of the Interior, Department of the Treasury, National Trails System Act, National Scenic Trails (designated under 54 U.S.C. § 1244)
Where it stands
- Jun 4, 2026 — Introduced · Congress.gov: “Introduced in House”
- Jun 4, 2026 — Referred to House Committee on Natural Resources and House Committee on Ways and Means · Congress.gov: “Referred to the Committee on Ways and Means, and in addition to the Committee on Natural Resources, for a…”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (6,253 characters) on Sep 5, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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