[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4122 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4122
To amend the National Trails System Act to designate El Camino Real de
los Tejas as a National Historic Trail.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2004
Mr. Rodriguez (for himself, Mr. Sandlin, Mr. Turner of Texas, Mr.
Ortiz, Mr. Frost, Mr. Green of Texas, and Mr. Doggett) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To amend the National Trails System Act to designate El Camino Real de
los Tejas as a National Historic Trail.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de los Tejas National
Historic Trail Act of 2004''.
SEC. 2. AUTHORIZATION AND ADMINISTRATION.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(23) El camino real de los tejas.--
``(A) In general.--Subject to subparagraph (B), El
Camino Real de los Tejas (The Royal Road of historic
Tejas) National Historic Trail, a combination of
historic routes totaling 2,580 miles in length from the
Rio Grande near Eagle Pass and Laredo, Texas, to
Natchitoches, Louisiana, and including the Old San
Antonio Road, as generally depicted on the maps
entitled `El Camino Real de los Tejas', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los Tejas,
Texas-Louisiana', dated July 1998. The National Park
Service is authorized to administer designated portions
of this trail system as a national historic trail as
set forth in this paragraph.
``(B) Establishment.--
``(i) Publicly owned lands.--Congress
authorizes the establishment of El Camino Real
de los Tejas national historic trail and the
respective administration on those portions of
the historic trail routes and related historic
sites within publicly owned lands when such
trail related resources meet the purposes of
this Act or certification criteria set by the
Secretary of the Interior per section 3(a)(3)
of this Act.
``(ii) Privately owned lands.--Congress
authorizes the establishment of El Camino Real
de los Tejas national historic trail and the
respective administration on those portions of
the historic trail routes and related historic
sites within privately owned lands only through
the voluntary and expressed consent of the
owner and when such trails and sites qualify
for certification as officially established
components of the national historic trail. The
owner's approval of a certification agreement
satisfies the consent requirement.
Certification agreements are not legally
binding and may be terminated at any time.
Should land ownership change at a certified
site, the certification will cease to be valid
unless the new owner consents to a new
agreement.
``(C) Private property rights protection.--Nothing
in this Act or in the establishment of any portion of
the national historic trail authorizes any person to
enter private property without the consent of the
owner. Nothing in this Act or in the establishment of
any portion of the national historic trail will
authorize the Federal Government to restrict private
property owner's use or enjoyment of their property
subject to other laws or regulations. Authorization of
El Camino Real de los Tejas National Historic Trail
under this Act does not itself confer any additional
authority to apply other Federal laws and regulations
on non-Federal lands along the trail. Laws or
regulations requiring public entities and agencies to
take into consideration a national historic trail shall
continue to apply notwithstanding the foregoing.
Notwithstanding section 7(g) of this Act, the United
States is authorized to acquire privately owned real
property or an interest in such property for purposes
of the national historic trail only with the consent of
the owner of such property and shall have no authority
to condemn or otherwise appropriate privately owned
real property or an interest in such property for the
purposes of El Camino Real de los Tejas National
Historic Trail.
``(D) Coordination of activities.--The Secretary of
the Interior may coordinate with United States and
Mexican public and nongovernmental organizations,
academic institutions, and, in consultation with the
Secretary of State, the Government of Mexico and its
political subdivisions, for the purpose of exchanging
trail information and research, fostering trail
preservation and educational programs, providing
technical assistance, and working to establish an
international historic trail with complementary
preservation and education programs in each nation.
``(E) Consultation.--The Secretary of the Interior
shall consult with appropriate State agencies in the
the planning, development, and maintenance of El Camino
Real de los Tejas National Historic Trail.''.
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