[Senate Report 106-22]
[From the U.S. Government Publishing Office]




                                                        Calendar No. 49

106th Congress                                                   Report
  1st Session                    SENATE                          106-22

=======================================================================



 
      EL CAMINO REAL DE TIERRA ADENTRO NATIONAL HISTORIC TRAIL ACT

                                _______
                                

                 March 17, 1999.--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. 366]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 366) 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 with amendments and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. On page 4, line 6, strike ``present''.
    2. On page 5, line 9, strike ``State,'' and insert in lieu 
thereof, ``State, local governmental,''.

                         Purpose of the Measure

    The purpose of S. 366, as ordered reported, 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 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. 366 was introduced on February 4, 1999 by Senators 
Bingaman and Domenici and referred to the Committee on Energy 
and Natural Resources. The Subcommittee on National Parks, 
Historic Preservation and Recreation held a hearing on S. 366 
on February 24, 1999.
    During the 105th Congress the Committee considered a 
similar bill, S. 2039. 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, without amendment. S. 2039 was passed by the Senate 
without amendment on October 14, 1998, but no further action 
was taken in the House of Representatives.
    At its business meeting on March 4, 1999, the Committee on 
Energy and Natural Resources ordered S. 366 favorably reported, 
as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 4, 1999, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 366, as 
described herein.

                          Committee Amendment

    During the consideration of S. 366, the Committee adopted 
two minor conforming amendments to reflect changes made to the 
previous version considered by the Committee in the 105th 
Congress.

                      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 of 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, and missionaries 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, and 
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, March 11, 1999.
Hon. Frank H. 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. 366, 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 Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

S. 366--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. 
366 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. 366 would amend the National Trails System Act to 
designated 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 and would permit the department to 
coordinate with U.S. and Mexican public and private entities on 
various projects to preserve and enhance the trail.
    Based on information provided by the National Park Service 
(NPS), CBO estimates that the agency would spend about 
$300,000, mostly in fiscal years 2000 and 2001, to prepare a 
comprehensive management plan. Also, the NPS would incur 
ongoing costs to administer and preserve the trail--about 
$50,000 in fiscal year 2000, rising to between $200,000 and 
$300,000 by fiscal year 2002. Assuming appropriation of the 
necessary sums, CBO estimates that implementing this 
legislation would cost about $1.2 million over the next five 
years.
    The CBO staff contact for this estimate if Megan Carroll. 
This estimate was approved by Robert A. Sunshine, Deputy 
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. 366. 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. 366, as ordered reported.

                        Executive Communications

    A representative from the National Park Service testified 
in support of S. 366 at a hearing before the Subcommittee on 
National Parks, Historic Preservation and Recreation on 
February 24, 1999.

                        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. 366, 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 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 subsection (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 U.S. 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.
    (C) Administration.--The trail shall be administered by the 
Secretary 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.

                                
