[Senate Report 104-41]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 64
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-41
_______________________________________________________________________


 
  DESIGNATION OF THE OLD SPANISH TRAIL FOR INCLUSION IN THE NATIONAL 
                             TRAILS SYSTEM

                                _______


    April 7 (legislative day, April 5), 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 587]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 587) to amend the National Trails System 
Act to designate the Old Spanish Trail and the Northern Branch 
of the Old Spanish Trail for potential inclusion in the 
National Trails System, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The propose of S. 587, as ordered reported, is to amend the 
National Trails System Act to designate the Old Spanish Trail 
and the Northern Branch of the Old Spanish Trail for study for 
potential inclusion the National Trails System. The Old Spanish 
Trail begins in New Mexico, passes through Colorado, Utah, 
Nevada, and ends in California.

                          Background and Need

    The Old Spanish Trail spans 1,200 miles, from Santa Fe to 
Los Angeles, and began as part of prehistoric trade routes used 
by the Ute Indians of the Colorado Rockies to reach the Pueblos 
of northern New Mexico. After the settlement of New Mexico by 
Spaniards, Utes led mounted Spaniards north into their 
homelands in the mountains and the Great Basin. These early 
Spanish travels included an early, though failed attempt to 
reach California by the Franciscan fathers Dominguez and 
Escalante in 1776. This use by the Spanish eventually gave the 
trail its time.
    According to an early historian, the trail ``headed 
northwest from Santa Fe * * * eased over the continental divide 
in northern New Mexico, cut through a spur of the Rocky 
Mountains into Colorado, forded * * * the Colorado and the 
Green rivers * * * dipped over the rim of the Great Basin into 
Utah, and crept southwest through desert stretches of Nevada 
and California to Los Angeles.''
    The northern branch of the trail begins near Espanola, New 
Mexico, proceeds through Colorado and ends near Crescent 
Junction, Utah. This branch was used by trappers and traders en 
route to northwestern Colorado and northeastern Utah. The trail 
entered Colorado near the towns of Alamosa and Monte Vista and 
passed the present day towns of Gunnison, Montrose, Delta, and 
Grand Junction. From Grand Junction, the trail followed the 
Colorado River for some 50 miles, and then struck out across 
the desert and joined the main Spanish Trail 20 miles southeast 
of the Green River crossing, which was a major rendezvous point 
for trappers in the West.
    Parts of the trail began as a footpath for Native 
Americans. It later witnessed more than two centuries of 
Spanish use, a quarter-century of Mexican use, and, finally, a 
half-century of American travel before transcontinental 
railroads replaced it. A number of independent scholars have 
already begun examination of portions of the trail. An Old 
Spanish Trail Association has been founded in Colorado, and its 
members have located wagon ruts into the rock in the San Luis 
Valley, which happens to be the oldest settled community in 
Colorado, along the Northern Branch of the trail.
    S. 587 would amend the National Trails System Act to 
designate the Old Spanish Trail and the Northern Branch of the 
Old Spanish Trail for study for potential inclusion in the 
National Trails System.

                          Legislative History

    S.587 was introduced by Senators Campbell, Brown, Bennett, 
Reid, Bryan, Bingaman, Domenici, and Feinstein on March 22, 
1995, and referred to the Committee on Energy and Natural 
Resources.
    In the 103d Congress, identical legislation, S. 2078, was 
introduced by Senator Campbell and others on May 5, 1994. The 
Subcommittee on Public Land, National Parks and Forests held a 
hearing on S. 2078 on August 4, 1994, and reported the bill 
favorably on September 21, 1994. No further action was taken in 
the Senate prior to the adjournment of the 103d Congress.
    At the business meeting on March 29, 1995, the Committee on 
Energy and Natural Resources ordered S. 587 favorably reported, 
without amendment.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on March 29, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 587 without 
amendment.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas \1\
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan

    \1\ Indicates voted by proxy.

                         Summary of the Measure

    S. 587 would amend the National Trails System Act to 
designate the Old Spanish Trail and the Northern Branch of the 
Old Spanish Trail for study for potential inclusion in the 
National Trails System.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 5, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 587, a bill to amend the National Trails System Act 
to designate the Old Spanish Trail and the Northern Branch of 
the Old Spanish Trail for potential inclusion into the National 
Trails System, and for other purposes. The bill was ordered 
reported by the Senate Committee on Energy and Natural 
Resources on March 29, 1995.
    S. 587 would add two segments of the Old Spanish Trail to 
the list of routes to be studied for possible designation as 
national scenic trails. Assuming appropriation of the necessary 
sums, CBO estimates that the National Park Service would spend 
about $250,000 over the next three years to prepare the 
required study.
    The bill would not affect direct spending or receipts. 
Therefore, pay-as-you-go procedures would not apply. Enactment 
of S. 587 also would have no impact on the budgets of state or 
local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 587. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 587, as ordered reported.

                        Executive Communications

    On March 24, 1995, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 587. These reports 
had not been received at the time the report on S. 587 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 587, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

Sec. 1244. National scenic and national historic trails

          * * * * * * *
    Section 5(c) * * *
          * * * * * * *
    (36) The Old Spanish Trail, beginning in Santa Fe, New 
Mexico, proceeding through Colorado and Utah, and ending in Los 
Angeles, California, and the Northern Branch of the Old Spanish 
Trail, beginning near Espanola, New Mexico, proceeding through 
Colorado, and ending near Crescent Junction, Utah.