[Senate Report 105-308]
[From the U.S. Government Publishing Office]
Calendar No. 547
105th Congress Report
SENATE
2d Session 105-308
_______________________________________________________________________
EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL ACT OF 1998
_______
September 8 (legislative day, August 31), 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. 2276]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2276) to amend the National Trails System
to designate El Camino Real de los Tejas as a National Historic
Trail, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
The amendments are as follows:
1. On page 3, line 8 strike ``Loredo'' and insert
``Laredo''.
2. On page 3, line 24 strike ``(21)'' and insert ``(22)''.
3. On page 4, line 13 strike ``________ 1998'' and insert
``July 1998''.
Purpose of the Measure
The purpose of S. 2276, as ordered reported, is to
designate El Camino Real de los Tejas National Historic Trail
in Texas and Louisiana as a component of the National Trails
System.
Background and Need
El Camino Real de los Tejas (El Camino Real) is a long
corridor of overlapping routes connecting the Mexican cities of
Saltillo, Monclova, Guerrero, and Coahuila, to San Antonio and
Nacogdoches, Texas and continuing east to the vicinity of Los
Adaes in Louisiana. These routes join to form El Camino Real
and the immigration and trade route known as the Old San
Antonio Road. El Camino Real and its variations, along with the
Old San Antonio Road, contributed to the settlement and
development of the Texas frontier during the Spanish, Mexican,
and Anglo American periods.
The National Trails System Act (NTSA) was enacted in 1968
as a framework for a national system of connected scenic,
historic and recreational trails. National Scenic Trails are
continuous protected scenic corridors for outdoor recreation.
National Recreation Trails offer a variety of opportunities for
outdoor recreation in or reasonably accessible to urban areas.
National Historic Trails are extended trails that provide for
the protection of historic routes, and historic trail remnants
and artifacts. The NTSA provides for a lead Federal agency to
administer each national trail in cooperation with a variety of
partners.
Congress authorized a National Historic Feasibility Study,
for the El Camino Real in 1993 (Public Law 103-145). The
National Park Service completed this study in July, 1998 and
found El Camino Real met the criteria for designation as a
historic trail. The Camino Real route extends from the Rio
Grande in Texas to Natchitoches, Louisiana, approximately 2,580
miles. Roughly 2,500 miles of the route are in Texas, and the
remaining 80 miles are in Louisiana.
El Camino Real is nationally significant because of its use
for exploration, conquest, missionary supply, settlement,
cultural exchange, and military campaigns along this corridor
dating back to 1689. Settlements along the El Camino Real
established patterns still in evidence today and resulting in
some of the oldest cities in Texas and Louisiana. Such urban
areas as San Antonio, Nacogdoches, and Laredo were founded
along El Camino Real, and segments of the route have become
part of todays modern highways.
El Camino Real de los Tejas 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. 2276 was introduced by Senators Landrieu and Breaux on
July 8, 1998 and referred to the Energy and Natural Resources
Committee. The Subcommittee on National Parks, Historic
Preservation and Recreation held a hearing on S. 2276 on July
23, 1998.
At its business meeting on July 29, 1998, the Committee on
Energy and Natural Resources ordered S. 2276, as amended,
favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 29, 1998, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 2276, if
amended as described herein.
Committee Amendment
During the consideration of S. 2276, the Committee adopted
a technical amendment, which corrected one spelling error and
updated a map reference.
Section-by-Section Analysis
Section 1 designates the bill's short title as the ``El
Camino Real de los Tejas National Historic Trail Act of 1998''.
Section 2 lists the findings and the purposes of the bill.
The findings include: (1) El Camino Real served as the primary
route between Mexico City, the Spanish provincial capital of
Tejas at Las Adaes, and San Antonio; (2) Mexico and the United
States fought for control over lands along the evolving travel
routes; (3) the future of several American Indian Nations were
tied to complex cultural interactions that resulted; (4) the
Old San Antonio Road was a series of routes established in the
early 19th century sharing the same corridor and routes as the
El Camino Real; (5) El Camino Real carried Spanish and Mexican
influences northeastward, and by its successor, the Old San
Antonio Road, which carried American influence westward; and
(6) portions of El Camino Real extended from the Rio Grande
near Eagle Pass and Loredo, Texas, and generally ran
northeasterly through San Antonio, Bastrop, Nacogdoches, and
San Augustine in Texas to Natchitoches, Louisiana, a distance
of approximately 550 miles.
Section 3 amends Section 5(a) of the National Trails System
Act to designate El Camino Real as a National Historic Trail.
The trail is depicted on a map entitled ``National Historic
Trail Feasibility Study and Environmental Assessment: El Camino
Real de los Tejas'', dated July, 1998. This section requires
that the trail be administered by the Secretary of the
Interior. In addition, it states that no land outside the
exterior boundaries of any federally administered area may be
acquired for the trail except with the consent of the owner.
Finally, the Secretary of the Interior may coordinate with
United States and Mexican public and non-governmental
organizations, in consultation with the Secretary of State, the
government of Mexico and its political subdivisions, for the
purpose of establishing an international historic trail with
complementary preservation and education programs in each
country.
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. 2276, the El Camino
Real de los Tejas National Historic Trail Act of 1998.
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'Neill, Director.
Enclosure.
congressional budget office cost estimate
S. 2276--El Camino Real de los Tejas National Historic Trail Act of
1998
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.
2276 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. 2276 would amend the National Trails System Act to
designate El Camino Real de los Tejas (the Royal Road to the
Tejas) as a National Historic Trail. The segment of the El
Camino Real considered for designation is a combination of
routes totaling 2,580 miles in length from near Laredo, Texas,
to Natchitoches, Louisiana. 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
$100,000 in 1999, increasing to about $400,000 annually by
2001. In total, assuming appropriation of the necessary
amounts, CBO estimates that implementing S. 2276 would cost
about $250,000 in fiscal year 1999 and between $350,000 and
$450,000 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. 2276. 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. 2276, as ordered reported.
Executive Communications
The testimony of the Department of the Interior at the
Subcommittee hearing follows:
Statement by Maureen Finnerty, Associate Director, Park Operations and
Education, the National Park Service, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 2276, a bill to amend
the National Trails System Act to designate El Camino Real de
los Tejas (The Royal Road to the Tejas) as a National Historic
Trail. We strongly support this legislation and thank Senator
Landrieu and Senator Breaux for their sponsorship.
The bill is in keeping with the findings of the National
Historic Trail Feasibility Study and Environmental Assessment,
El Camino Real de los Tejas, Texas--Louisiana, completed in
July 1998. The National Park Service was authorized to study
both El Camino Real de los Tejas and the Old San Antonio Road
by P.L. 103-145. The National Park Service study concluded that
both roads met all national historic trail criteria as defined
by the study provisions of the National Trails System Act (P.L.
90-543). The study was presented to the National Park System
Advisory Board and the Board concurred with the findings. We
believe S. 2276 accurately addresses the overall national
significance of El Camino Real de los Tejas and the Old San
Antonio Road.
If enacted, S. 2276 would add the Camino Real de los Tejas
as a national historic trail component of the National Trails
System. It would designate a series of routes, totaling
approximately 2,600 miles. The designated trail would include
the evolving routes of the camino real as well as its
successor, the Old San Antonio Road. The trail would extend
across a 550-mile-long corridor from the Rio Grande near Eagle
Pass and Laredo, Texas to Natchitoches (pronounced Na-co-desh),
Louisiana. The bill would provide for trail administration by
the Secretary of the Interior. It 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. Finally, the bill would allow the Secretary of the
Interior to coordinate activities 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. These
activities include exchanging of 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 los Tejas spans the 160-year
period between 1689 and 1850. During this time, international
rivalries for domination of lands fronting the Gulf of Mexico
were manifested through the development of roads across the
area. The European colonial powers of Spain, France, and
England and later on, Mexico, the Republic of Texas, and the
United States, all had stakes in this competition. The routes
of El Camino Real de los Tejas and the Old San Antonio Road
served as an integral part to the geo-political and cultural
changes created by this competition. Also linked to these
forces and cultural changes was the future welfare of several
native tribes, whose prehistoric trade routes extended from
Mexico to the Mississippi and served as the basis for Spanish
exploration and colonization.
El Camino Real de los Tejas served as the primary route
between the Spanish viceregal capital of Mexico City and the
Spanish provincial capital of Tejas at Los Adaes (1721-73) and
San Antonio (1773-1821). The camino real, bringing Spanish and
Mexican influences northeastward, led to the exploration,
conquest, colonization, settlement, migration, military
occupation, religious conversion, and cultural interaction that
helped shape the southern borderlands. The Old San Antonio Road
brought American immigrants and influence westward to Texas
during the early 19th century. This large-scale immigration led
to revolt and the creation of the Texas Republic and eventually
its annexation to the United States, which in turn precipitated
war between the U.S. and Mexico.
While the entire route of El Camino Real de los Tejas
extended over 1,600 miles from Mexico City to Los Adaes, most
of the route lies in Mexico today. To understand the portions
of el camino real in the United States, requires that we
understand the historical context of the whole route. S. 2276
would allow for collaborative programs with Mexican
institutions, both public and private, that would help in fully
understanding history, geography, and cultures. It would also
help to better preserve trail resources. Interest has been
expressed by officials in Mexico for developing preservation
and education programs along Mexico's part of El Camino Real de
los Tejas. If this complementary program were implemented in
Mexico, an international historic trail would be created which
benefits would lead to increased mutual understanding between
our nations.
Partnerships and cooperation are the keystones to the
development of the National Trails System. They are essential
ingredients to bringing about the preservation and
interpretation of El Camino Real de los Tejas resources, from
trail remnants to Spanish colonial structures and archeological
sites. The trail crosses public and private lands and it is
important that the intent of the National Trails System Act be
met by respecting private properly rights. In so doing, we will
develop solid and long-lasting relationships with partners and
help to stimulate and maintain a strong, grassroots-managed
trail system. It is also vital that we acknowledge the pride
and stewardship of all our partners, private and public, in
their voluntary and good faith efforts to preserve and
appropriately share their part of our national patrimony. 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 bring about appropriate public
use of those sites or trail segments.
Opportunities for partnerships along El Camino Real de los
Tejas are very promising as shown by growing public interest
and efforts to help commemorate it. The long-term success of
the trail will depend on their continued involvement, as well
as that of the States of Texas and Louisiana, landowners, and
other organizations and individuals.
Should this legislation be enacted, the National Park
Service, 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. The National Park
Service would implement the plan by providing technical and
limited financial assistance for preservation, historical
research, planning and design for interpretation and
development projects. It would also manage negotiating and
certifying qualifying sites, trail segments, and interpretive
facilities. NPS would develop and manage the official trail
marker symbol and marking the route; and negotiate agreements
with different trail partners. This would include establishing
agreements with Mexico to enrich our understanding of trail
history, and to exchange information to enhance resource
preservation and public understanding.
Mr. Chairman, we recommend two technical corrections to the
legislation. On page 3, line 6 strike ``Loredo'' insert
``Laredo''; and on page 4, line 13 strike ``________ 1998'' and
insert ``July 1998''.
We appreciate the committee's interest in this legislation.
That concludes my remarks and 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. 2276, 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 Act of Congress.
There are hereby established the following National Scenic and
National Historic Trails:
* * * * * * *
[()] (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.
(22) El Camino Real de los Tejas.
(A) In general.--El Camino Real de los Tejas
(The Royal Road to the Tejas) National Historic
Trail, a combination of 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
Trial Feasibility Study and Environmental
Assessment: El Camino Real de los Tejas, Texas-
Louisiana'', dated July 1998. 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
Interior. The trail shall be administered by
the Secretary of the Interior. 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.
(B) Coordination of activities.--The
Secretary of the Interior may coordinate with
United States and Mexican public and non-
governmental organizations, academic
institutions, and, in conjunction 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 and international historic
trail with complementary preservation and
education programs in each nation.