[Senate Report 105-305]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 544
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-305
_______________________________________________________________________


 
      EL CAMINO REAL DE TIERRA ADENTRO NATIONAL HISTORIC TRAIL ACT

                                _______
                                

 September 8 (legislative day, August 8), 1998.--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. 2039]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2039) to amend the National Trails System 
Act to designate El Camino Real de Tierra Adentro as a National 
Historic Trail, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 2039 is to designate the El Camino Real 
de Tierra Adentro National Historic Trail, in New Mexico and 
Texas, as a component of the National Trails System.

                          Background and Need

    American Indians established routes for trade and 
communication long before the arrival of the pioneers. One of 
these trade routes later became known as the El Camino Real de 
Tierra Adentro (the royal road of the Interior) and for more 
than 300 years served as the primary route between the 
southwestern United States and Mexico.
    El Camino Real contributed to the exploration, conquest, 
military occupation, colonization, and settlement of a large 
segment of the borderlands. The historic trail facilitated the 
immigration of Spanish colonials to New Mexico and other areas 
of what would become the United States. The colonials also 
fostered the spread of Catholicism, the growth of mining, and 
the development of an extensive network of commerce. Traders 
and travelers moving along the El Camino Real promoted cultural 
interaction among Spaniards, Native Americans, Mexicans, and 
Americans, particularly in the form of music, folk tales, 
medicine, colloquialisms, architecture, language, and 
agricultural practices.
    The history of El Camino Real is more than a story of 
famous explorers, dates, and settlements. It is a story of grit 
and determination. In the 17th century, caravans of wagons and 
livestock struggled for months to cross the desert and bring 
supplies along El Camino Real to missions, mining towns, and 
settlements in New Mexico. The route is a symbol of the 
commercial exchange and cultural interaction between growing 
nations and diverse ethnic groups that contributed to the 
cultural evolution of the Southwestern United States.
    Congress authorized a National Historic Trail Feasibility 
Study for El Camino Real in 1993 (Public Law 103-144). The 
National Park Service completed this study in March 1997 and 
found that El Camino Real de Tierra Adentro met the criteria 
for designation as a historic trail. El Camino Real reaches 
from El Paso, Texas, to San Juan Pueblo, New Mexico, a distance 
of 404 miles. Roughly 42 miles of the route are in Texas and 
the remaining 362 miles are in New Mexico.
    El Camino Real National Historic Trail would be 
administered by the Secretary of the Interior through 
partnerships with public agencies, nonprofit organizations, and 
private landowners.

                          Legislative History

    S. 2039 was introduced on May 6, 1998 by Senator Bingaman. 
Since the bill's introduction, Senator Domenici has been added 
as a cosponsor. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 2039 on June 
18, 1998.
    At its business meeting on July 29, 1998, the Committee on 
Energy and Natural Resources ordered S. 2039 favorably 
reported.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on July 29, 1998, by an unanimous voice vote 
of a quorum present, recommends that the Senate pass S. 2039.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title, the ``El 
Camino Real de Tierra Adentro National Historic Trail Act.''
    Section 2 lists the findings and purposes of the bill. The 
findings include: (1) El Camino Real de Tierra Adentro (the 
Royal Road of the Interior), served as the primary route 
between the colonial Spanish capital of Mexico City and the 
Spanish provincial capitals at San Juan de Los Caballeros, San 
Gabriel, and Santa Fe; (2) the portion of El Camino Real in 
what is now the United States extended between El Paso, Texas, 
and present San Juan Pueblo, New Mexico, a distance of 404 
miles; (3) El Camino Real is a symbol of the cultural 
interaction between nations and ethnic groups and of the 
commercial exchange that made possible the development and 
growth of the borderland; (4) American Indian groups, 
especially the Pueblo Indians of the Rio Grande, developed 
trails for trade long before Europeans arrived; (5) in 1598, 
Juan de Onate led a Spanish military expedition along those 
trails to establish the northern portion of El Camino Real; (6) 
during the Mexican National Period and part of the United 
States Territorial Period, El Camino Real facilitated the 
emigration of people to New Mexico and other areas that were to 
become part of the United States; (7) the exploration, 
conquest, colonization, settlement, religious conversion, and 
military occupation of a large area of the borderland was made 
possible by El Camino Real, the historical period of which 
extended from 1598 to 1882; (8) American Indians, European 
emigrants, miners, ranchers, soldiers, andmissionaries used El 
Camino Real during the historic development of the borderland, 
promoting cultural interaction among Spaniards, other Europeans, 
American Indians, Mexicans, and Americans; and (9) El Camino Real 
fostered the spread of Catholicism, mining, an extensive network of 
commerce, and ethnic and cultural traditions including music, folklore, 
medicine, foods, architecture, language, place names, irrigation 
systems, and Spanish law.
    Section 3 amends section 5(a) of the National Trails System 
Act (NTSA) (16 U.S.C. 1244 (a)) to include El Camino Real de 
Tierra Adentro National Historic Trail and authorizes the 
Secretary of the Interior to administer the trail. Section 5(a) 
of NTSA is also amended to designate the paragraphs relating to 
the California National Historic Trail, the Pony Express 
National Historic Trail, and the Selma to Montgomery National 
Historic Trail as paragraphs (18), (19), and (20), 
respectively. In addition, the section states that no land 
outside the exterior boundaries of any federally administered 
area may be acquired by the United States for the trail without 
consent of the land owner. Section 3 also directs the Secretary 
of the Interior to encourage volunteer trail groups to 
participate in the development and maintenance of the trail and 
directs the Secretary to consult with other Federal, State, and 
local agencies, including Mexico, in administering the trail.

                   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, August 17, 1998.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2039, the El Camino 
Real de Tierra Adentro National Historic Trail Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                          June E. O'Neil, Director.
    Enclosure.

               congressional budget office cost estimate

S. 2039--El Camino Real de Tierra Adentro National Historic Trail Act

    CBO estimates that implementing this legislation would cost 
less than $500,000 annually, assuming the availability of 
appropriated funds. The bill would not affect direct spending 
or receipts, so pay-as-you-go procedures would not apply. S. 
2039 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would not 
affect the budgets of state, local, or tribal governments.
    S. 2039 would amend the National Trails System Act to 
designate El Camino Real de Tierra Adentro (the Royal Road of 
the Interior) as a National Historic Trail. The segment of the 
El Camino Real considered for designation extends from El Paso, 
Texas, to San Juan Pueblo, New Mexico, a distance of 404 miles. 
The bill would provide for trail administration by the 
Department of the Interior (DOI) and would permit the 
department to coordinate with U.S. and Mexican public and 
private entities on various trail preservation and enhancement 
projects.
    Upon enactment of the bill the National Park Service (NPS) 
would prepare a comprehensive management plan, which would cost 
about $300,000, mostly in fiscal years 1999 and 2000. Based on 
information provided by the NPS, CBO estimates that DOI would 
incur trail administration and preservation costs of about 
$50,000 in 1999, increasing to about $300,000 annually by 2001. 
In total, assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 2039 would cost about $200,000 
in fiscal year 1999 and between $300,000 and $350,000 annually 
thereafter.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      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. 2039. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
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 
enactment of S. 2039, as ordered reported.

                        Executive Communications

    The testimony of the Department of the Interior at the 
Subcommittee hearing follows:

 Statement of Destry Jarvis, Assistant Director, External Affairs, the 
           National Park Service, Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you to present the Department 
of the Interior's views on S. 2039, a bill to amend the 
National Trails System Act to designate El Camino Real de 
Tierra Adentro (The Royal Road of the Interior) as a National 
Historic Trail. We strongly support this legislation and thank 
Senator Bingaman for his sponsorship.
    The bill is in keeping with the findings presented in the 
March, 1997, National Park Service study authorized by Congress 
(P.L. 103-144) and entitled: ``National Historic Trail 
Feasibility Study--Environmental Assessment, El Camino Real de 
Tierra Adentro, Texas--New Mexico.'' This study concluded that 
El Camino Real de Tierra Adentro met all national historic 
trail criteria as defined under the study provisions of the 
National Trails System Act (P.L. 90-543). The study was also 
presented to the National Park System Advisory Board and the 
Board concurred with its finding of national significance.
    If enacted S. 2039 would add the El Camino Real de Tierra 
Adentro to the system of National Historic Trails. It would 
designate a 404-mile trail from the Rio Grande border near El 
Paso, Texas to San Juan Pueblo, New Mexico, and would provide 
for trail administration by the Secretary of the Interior. The 
bill would provide that no land or interest in land outside the 
exterior boundaries of any federally administered area may be 
acquired by the United States for the trail except with the 
consent of the owner of the land. The bill would encourage 
volunteer trail groups to participate in the development and 
maintenance of the trail and to consult with affected federal, 
state, and tribal agencies in the administration of the trail. 
Lastly, the bill would allow the Secretary of the Interior to 
coordinate the United States and Mexican public and non-
governmental 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 education programs, providing technical 
assistance, and working to establish an international historic 
trail with complementary preservation and education programs in 
each nation.
    The story of El Camino Real de Tierra Adentro bridges 
Spanish, Mexican, and United States Territorial periods from 
1598 through 1882. It was first used by American Indians who 
developed trade routes long before Europeans arrived; it then 
served as the primary route between the Spanish colonial 
capital of Mexico City and the Spanish provincial capitals at 
San Juan de los Caballeros (1598-1600), San Gabriel (1600-
1609), and Santa Fe (1610-1821). The exploration, conquest, 
colonization, settlement, religious conversion, and military 
occupation of a large area of the borderland were made possible 
by El Camino Real trail. It symbolizes the cultural interaction 
between Spaniards, other Europeans, American Indians, Mexicans, 
and Americans. It also facilitated the commercial and cultural 
exchange that made possible the development and growth of the 
borderlands. Indeed, while most Americans still believe that 
the continent was settled by Europeans moving west across a 
broad frontier, El Camino Real de Tierra Adentro demonstrates 
that far-reaching European exploration and settlement of what 
would become the United States occurred far earlier by way of 
northward penetrating frontiers. El Camino Real de Tierra 
Adentro would become the oldest trail currently included within 
the National Trails System.
    The National Park Service believes that S. 2039 accurately 
addresses the overall national significance of the route. 
During the course of the feasibility study we developed strong 
collaborative relationships with the Bureau of Land Management, 
the State of New Mexico, and Mexican government and academic 
institutions. We jointly sponsored two binational symposia 
during the study period. While the entire El Camino Real 
extended over 1,600 miles from Mexico City, most of the route 
lies in Mexico today. To under stand the 400 miles of El Camino 
Real in the U.S. requires that the broad history of the entire 
route be put in perspective. S. 2039 provides for collaborative 
programs with Mexican institutions, both public and private, 
that will greatly assist in fully understanding history, 
geography, and cultures, and will better preserve trail 
resources. There is every indication that Mexico would like to 
establish a preservation and interpretation program for its 
part of the El Camino Real. When this complementary program is 
implemented in Mexico a truly international historic trail will 
be created that will forge greater mutual understanding and 
common ground between our two nations.
    One of the hallmarks of the National Trails System Act is 
its emphasis on partnerships and cooperation. These are vital 
to effect the preservation and interpretation of the El Camino 
Real's existing resources, be they extensive trail ruts, 
mission or rancho structures, or archaeological sites. The 
trail crosses public, private, and tribal lands. It is 
important that we meet the intent of the National Trails System 
Act by respecting private property rights so that we may 
develop, good, long-lasting relationships with partners and 
that we may foster and perpetuate a grassroots-managed trail 
system. It is also essential that we acknowledge the 
stewardship and pride of our partners, including private 
landowners, in their voluntary and good-faith efforts to 
preserve and appropriately share their part of our national 
heritage. The National Trails System Act, through its 
certification provisions and other incentives, provides the 
means to successfully stimulate voluntary preservation and 
interpretation efforts and to afford appropriate public use of 
those sites or trail segments.
    The opportunities for partnership along El Camino Real de 
Tierra Adentro are great and we look forward to extending and 
building on the excellent partnership we have with BLM and the 
State of New Mexico. The success of the trail will depend 
heavily on their involvement, as well as that of tribes, 
landowners, and other organizations and individuals.
    Should this legislation be enacted, the Department of the 
Interior (DOI), subject to the availability of funds, would 
first prepare a comprehensive management plan with public input 
to identify the goals and objectives for trail preservation, 
research, interpretation, public use, trail marking, and 
cooperative management. The required national historic trail 
advisory council would be established with broad representation 
of those interested, including private landowners, to advise on 
trail planning and administration matters DOI would implement 
the plan by providing technical and limited financial 
assistance for preservation, historical research, planning and 
design for interpretation and development projects. DOI would 
also manage negotiating and certifying qualifying sites, 
segments, and interpretive facilities; developing and managing 
the official trail marker symbol and marking the route; 
negotiating agreements with varied partners to help achieve 
trail purposes including establishing agreements with Mexico to 
enrich our understanding of trail history, and to exchange 
information so as to enhance preservation and public 
understanding.
    We appreciate the committee's interest in this legislation. 
That concludes my remarks Mr. Chairman and members of the 
committee. I would be happy to respond to any questions that 
you may have.

                        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. 2039, 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);

            (Public Law 90-543, as amended--October 2, 1968)

    Sec. 5. (a) National Scenic and National Historic Trails 
shall be authorized and designated only by an Act of Congress. 
There are hereby established the following National Scenic and 
National Historic Trails:

           *       *       *       *       *       *       *

          [(  )] (18) The California National Historic Trail, a 
        route of approximately five thousand seven hundred 
        miles, including all routes and cutoffs, extending from 
        Independence and Saint Joseph, Missouri, and Council 
        Bluffs, Iowa, to various points in California and 
        Oregon, as generally described in the report of the 
        Department of the ``California Pony Express Trails, 
        Eligibility/Feasibility Study/Environmental 
        Assessment'' and dated September 1987. A map generally 
        depicting the route shall be on file and available for 
        public inspection in the Office of the National Park 
        Service, Department of the Interior. The trail shall be 
        administered by the Secretary of the Interior. No lands 
        or interests therein outside the exterior boundaries of 
        any federally administered area may be acquired by the 
        United States for the California National Historic 
        Trail except with the consent of the owner thereof.
          [(  )] (19) The Pony Express National Historic Trail, 
        a route of approximately one thousand nine hundred 
        miles, including the original route and subsequent 
        route changes, extending from Saint Joseph, Missouri, 
        to Sacramento, California, as generally described in 
        the report of the Department of the Interior prepared 
        pursuant to subsequent (b) of this section entitled 
        ``California and Pony Express Trails, Eligibility/
        Feasibility Study/Environmental Assessment'', and dated 
        September 1987. A map generally depicting the route 
        shall be on file and available for public inspection in 
        the Office of the National Park Service, Department of 
        the Interior. The trail shall be administered by the 
        Secretary of the Interior. No lands or interests 
        therein outside the exterior boundaries of any 
        federally administered area may be acquired by the 
        United States for the Pony Express National Historic 
        Trail except with the consent of the owner thereof.
          [(  )] (20) The Selma to Montgomery National Historic 
        Trail, consisting of 54 miles of city streets and 
        United States Highway 80 from Brown Chapel A.M.E. 
        Church in Selma to the State Capitol Building in 
        Montgomery, Alabama, traveled by voting rights 
        advocates during March 1965 to dramatize the need for 
        voting rights legislation, as generally described in 
        the report of the Secretary of the Interior prepared 
        pursuant to subsection (b) of this section entitled 
        ``Selma to Montgomery'' and dated April 1993. Maps 
        depicting the route shall be on file and available for 
        public inspection in the Office of the National Park 
        Service, Department of the Interior. The trail shall be 
        administered in accordance with this Act, including 
        section 7(h). The Secretary of the Interior, acting 
        through the National Park Service, which shall be the 
        lead federal agency, shall cooperate with other 
        Federal, State and local authorities to preserve 
        historic sites along the route, including (but not 
        limited to) the Edmund Pettus Bridge and the Brown 
        Chapel A.M.E. Church.
          (21) El Camino Real de Tierra Adentro.
                  (A) In general.--El Camino Real de Tierra 
                Adentro (the Royal Road of the Interior) 
                National Historic Trail, a 404 mile long trail 
                from the Rio Grande near El Paso, Texas to San 
                Juan Pueblo, New Mexico, as generally depicted 
                on the maps entitled ``United States Route: El 
                Camino Real de Tierra Adentro,'' contained in 
                the report prepared pursuant to subsection (b) 
                entitled ``National Historic Trail Feasibility 
                Study and Environmental Assessment: El Camino 
                Real de Tierra Adentro, Texas-New Mexico,'' 
                dated March 1997.
                  (B) Map.--A map generally depicting the trail 
                shall be on file and available for public 
                inspection in the Office of the National Park 
                Service, Department of the Interior.
                  (D) Land acquisition.--No land or interest in 
                land outside the exterior boundaries of any 
                Federally administered area may be acquired by 
                the United States for the trail except with the 
                consent of the owner of the land or interest in 
                land.
                  (E) Volunteer groups consultation.--The 
                Secretary of the Interior shall--
                          (i) encourage volunteer trail groups 
                        to participate in the development and 
                        maintenance of the trail; and
                          (ii) consult with affected Federal, 
                        State, and tribal agencies in the 
                        administration of the trail.
                  (F) Coordination of activities.--The 
                Secretary of the Interior may coordinate with 
                United States and Mexican public and non-
                governmental 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.

                                
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