[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Page S9350]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL ACT

  The Senate proceeded to consider the bill (S. 2052) to amend the 
National Trails System Act to designate El Camino Real de los Tejas as 
a National Historic Trail, which had been reported from the Committee 
on Energy and Natural Resources, with an amendment to strike all after 
the enacting clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                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.''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``El Camino Real de los Tejas 
     National Historic Trail Act''.

     SEC. 2. DESIGNATION OF EL CAMINO REAL DE LOS TEJAS NATIONAL 
                   HISTORIC TRAIL.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(24) El camino real de los tejas national historic 
     trail.--
       ``(A) In general.--El Camino Real de los Tejas (the Royal 
     Road to the Tejas) National Historic Trail, a combination of 
     historic routes (including the Old San Antonio Road) totaling 
     approximately 2,580 miles, extending from the Rio Grande near 
     Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana, as 
     generally depicted on the map entitled `El Camino Real de los 
     Tejas' contained in the report entitled `National Historic 
     Trail Feasibility Study and Environmental Assessment: El 
     Camino Real de los Tejas, Texas-Louisiana', dated July 1998.
       ``(B) Map.--A map generally depicting the trail shall be on 
     file and available for public inspection in the appropriate 
     offices of the National Park Service.
       ``(C) Administration.--(i) The Secretary of the Interior 
     (referred to in this paragraph as `the Secretary') shall 
     administer the trail.
       ``(ii) The Secretary shall administer those portions of the 
     trail on non-Federal land only with the consent of the owner 
     of such land and when such trail portion qualifies for 
     certification as an officially established component of the 
     trail, consistent with section 3(a)(3). An owner's approval 
     of a certification agreement shall satisfy the consent 
     requirement. A certification agreement may be terminated at 
     any time.
       ``(iii) The designation of the trail does not authorize any 
     person to enter private property without the consent of the 
     owner.
       ``(D) Consultation.--The Secretary shall consult with 
     appropriate State and local agencies in the planning and 
     development of the trail.
       ``(E) Coordination of activities.--The Secretary 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.
       ``(F) Land acquisition.--The United States shall not 
     acquire for the trail any land or interest in land outside 
     the exterior boundary of any federally-administered area 
     without the consent of the owner of the land or interest in 
     land.''.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2052), as amended, was read the third time and passed.




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