[Congressional Record Volume 150, Number 13 (Thursday, February 5, 2004)]
[Senate]
[Pages S650-S651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON:
  S. 2052. A bill to amend the National Trails System Act to designate 
El Camino Real de Los Tejas as a National Historic Trail; to the 
Committee on Energy and Natural Resources.
  Mrs. HUTCHISON. Mr. President, I rise today to introduce legislation 
to recognize the oldest highway in Texas and establish the El Camino 
Real de Los Tejas National Historic Trail.
  This bill will preserve a vital piece of Texas history for 
generations to come. The El Camino Real trail established a key 
corridor for settlers, immigrants and militaries helping lay the 
groundwork for our state's future. It also served as a path for such 
Texas heroes as Davy Crockett and Sam Houston who both fought in the 
struggle for Texas independence from Mexico.
  The 300-year-old corridor also served as a critical trade route, a 
post road, cattle trail and a military highway. The trail opened 
America to Texas and Texas to the world. Still today the trail 
collectively represents a series of roads and paths extending more than 
2,500 miles in length from the Rio Grande River near Eagle Pass and 
Laredo through San Antonio, Bastrop, and Nacogdoches, Texas to 
Natchitoches, Louisiana. While 2,500 miles of the trail are in 40 Texas 
counties, the last 80 miles are in Louisiana.
  The El Camino Real served as a strategic corridor during Texas' 
struggle for independence. Critical supplies made their way via the El 
Camino Real for the Republic of Texas Army as they victoriously forged 
ahead to defeat the Mexican Army in the Texas Revolution.

[[Page S651]]

  This legislation will recognize the significance of the El Camino 
Real and preserve its historic importance, as well as direct the 
National Park Service to establish the El Camino Real trail as a 
National Historic Trail. It will also allow our state agencies such as 
the Texas Historical Commission to participate in the establishment and 
designation of the trail, while protecting the private property of 
landowners along its route. This legislation will allow Texans and the 
thousands who visit our state each year to learn more of the rich 
history that forged the Lone Star State.
  I am proud to offer this legislation to pay homage to an important 
piece of Texas and U.S. History, and I urge my colleagues to support 
the El Camino Real de Los Tejas National Historic Trail Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2052

       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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