[House Report 107-89]
[From the U.S. Government Publishing Office]




107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-89

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



 
REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING TRAILS FOR 
                        POSSIBLE TRAIL EXPANSION

                                _______
                                

  June 6, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr.  Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany H.R. 37]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 37) to amend the National Trails System Act to update the 
feasibility and suitability studies of 4 national historic 
trails and provide for possible additions to such trails, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING 
                    NATIONAL HISTORIC TRAILS.

  The National Trails System Act is amended by inserting after section 
5 (16 U.S.C. 1244) the following new section:

``SEC. 5A. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING 
                    TRAILS FOR POSSIBLE TRAIL EXPANSION.

  ``(a) In General.--
          ``(1) Definitions.--In this section:
                  ``(A) Route.--The term `route' includes a trail 
                segment commonly known as a cutoff.
                  ``(B) Shared route.--The term `shared route' means a 
                route that was a segment of more than one historic 
                trail, including a route shared with an existing 
                national historic trail.
          ``(2) Study requirements and objectives.--The study 
        requirements and objectives specified in section 5(b) shall 
        apply to a study required by this section. The study shall also 
        assess the effect that designation of the studied routeas a 
component of an existing national scenic trail or national historic 
trail may have on private property along the proposed route.
          ``(3) Completion and submission of study.--A study listed in 
        this section shall be completed and submitted to the Congress 
        not later than three complete fiscal years from the date of the 
        enactment of this section, or from the date of the enactment of 
        the addition of the study to this section, whichever is later.
          ``(4) Implementation of study results.--Upon completion of a 
        study required by this section, if the Secretary conducting the 
        study determines that a studied route is a feasible and 
        suitable addition to the existing national scenic trail or 
        national historic trail that was the subject of the study, the 
        Secretary shall designate the route as a component of that 
        national scenic trail or national historic trail. The Secretary 
        shall publish notice of the designation in the Federal 
        Register.
  ``(b) Oregon National Historic Trail.--
          ``(1) Study required.--The Secretary of the Interior shall 
        undertake a study of the routes of the Oregon Trail listed in 
        paragraph (2) and generally depicted on the map entitled 
        `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of 
        such shared routes that the Secretary considers appropriate, to 
        determine the feasibility and suitability of designation of one 
        or more of the routes as components of the Oregon National 
        Historic Trail.
          ``(2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  ``(A) Whitman Mission route.
                  ``(B) Upper Columbia River.
                  ``(C) Cowlitz River route.
                  ``(D) Meek cutoff.
                  ``(E) Free Emigrant Road.
                  ``(F) North Alternate Oregon Trail.
                  ``(G) Goodale's cutoff.
                  ``(H) North Side alternate route.
                  ``(I) Cutoff to Barlow Road.
                  ``(J) Naches Pass Trail.
  ``(c) Pony Express National Historic Trail.--The Secretary of the 
Interior shall undertake a study of the approximately 20-mile southern 
alternative route of the Pony Express Trail from Wathena, Kansas, to 
Troy, Kansas, and such shared routes that the Secretary considers 
appropriate, to determine the feasibility and suitability of 
designation of one or more of the routes as components of the Pony 
Express National Historic Trail.
  ``(d) California National Historic Trail.--
          ``(1) Study required.--The Secretary of the Interior shall 
        undertake a study of the Missouri Valley, central, and western 
        routes of the California Trail listed in paragraph (2) and 
        generally depicted on the map entitled `Western Emigrant Trails 
        1830/1870' and dated 1991/1993, and of such shared Missouri 
        Valley, central, and western routes that the Secretary 
        considers appropriate, to determine the feasibility and 
        suitability of designation of one or more of the routes as 
        components of the California National Historic Trail.
          ``(2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  ``(A) Missouri valley routes.--
                          ``(i) Blue Mills-Independence Road.
                          ``(ii) Westport Landing Road.
                          ``(iii) Westport-Lawrence Road.
                          ``(iv) Fort Leavenworth-Blue River route.
                          ``(v) Road to Amazonia.
                          ``(vi) Union Ferry Route.
                          ``(vii) Old Wyoming-Nebraska City cutoff.
                          ``(viii) Lower Plattsmouth Route.
                          ``(ix) Lower Bellevue Route.
                          ``(x) Woodbury cutoff.
                          ``(xi) Blue Ridge cutoff.
                          ``(xii) Westport Road.
                          ``(xiii) Gum Springs-Fort Leavenworth route.
                          ``(xiv) Atchison/Independence Creek routes.
                          ``(xv) Fort Leavenworth-Kansas River route.
                          ``(xvi) Nebraska City cutoff routes.
                          ``(xvii) Minersville-Nebraska City Road.
                          ``(xviii) Upper Plattsmouth route.
                          ``(xix) Upper Bellevue route.
                  ``(B) Central routes.--
                          ``(i) Cherokee Trail, including splits.
                          ``(ii) Weber Canyon route of Hastings cutoff.
                          ``(iii) Bishop Creek cutoff.
                          ``(iv) McAuley cutoff.
                          ``(v) Diamond Springs cutoff.
                          ``(vi) Secret Pass.
                          ``(vii) Greenhorn cutoff.
                          ``(viii) Central Overland Trail.
                  ``(C) Western routes.--
                          ``(i) Bidwell-Bartleson route.
                          ``(ii) Georgetown/Dagget Pass Trail.
                          ``(iii) Big Trees Road.
                          ``(iv) Grizzly Flat cutoff.
                          ``(v) Nevada City Road.
                          ``(vi) Yreka Trail.
                          ``(vii) Henness Pass route.
                          ``(viii) Johnson cutoff.
                          ``(ix) Luther Pass Trail.
                          ``(x) Volcano Road.
                          ``(xi) Sacramento-Coloma Wagon Road.
                          ``(xii) Burnett cutoff.
                          ``(xiii) Placer County Road to Auburn.
  ``(e) Mormon Pioneer National Historic Trail.--
          ``(1) Study required.--The Secretary of the Interior shall 
        undertake a study of the routes of the Morman Pioneer Trail 
        listed in paragraph (2) and generally depicted on the map 
        entitled `Western Emigrant Trails 1830/1870' and dated 1991/
        1993, and of such shared routes that the Secretary considers 
        appropriate, to determine the feasibility and suitability of 
        designation of one or more of the routes as components of the 
        Mormon Pioneer National Historic Trail.
          ``(2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  ``(A) 1846 Subsequent routes A and B (Lucas and 
                Clarke Counties, Iowa).
                  ``(B) 1856-57 Handcart route (Iowa City to Council 
                Bluffs)
                  ``(C) Keokuk route (Iowa).
                  ``(D) 1847 Alternative Elkhorn and Loup River 
                Crossings in Nebraska.
                  ``(E) Fort Leavenworth Road; Ox Bow route and 
                alternates in Kansas and Missouri (Oregon and 
                California Trail routes used by Mormon emigrants).
                  ``(F) 1850 Golden Pass Road in Utah.
  ``(f) Shared California and Oregon Trail Routes.--
          ``(1) Study required.--The Secretary of the Interior shall 
        undertake a study of the shared routes of the California Trail 
        and Oregon Trail listed in paragraph (2) and generally depicted 
        on the map entitled `Western Emigrant Trails 1830/1870' and 
        dated 1991/1993, and of such other shared routes that the 
        Secretary considers appropriate, to determine the feasibility 
        and suitability of designation of one or more of the routes as 
        shared components of the California National Historic Trail and 
        the Oregon National Historic Trail.
          ``(2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  ``(A) St. Joe Road.
                  ``(B) Council Bluffs Road.
                  ``(C) Sublette cutoff.
                  ``(D) Applegate route.
                  ``(E) Old Fort Kearny Road (Oxbow Trail).
                  ``(F) Childs cutoff.
                  ``(G) Raft River to Applegate.''.

                          Purpose of the Bill

    The purpose of H.R. 37 is to amend the National Trails 
System Act to update the feasibility and suitability studies of 
four national historic trails and provide for possible 
additions to such trails.

                  Background and Need for Legislation

    To provide federal assistance to the Appalachian Trail and 
to establish a national system of trails, Congress in 1968 
enacted the National Trails System Act. The National Trails 
System Act allows Congressional authorization for three 
categories of trails--National Scenic Trails, National Historic 
Trails and National Recreation Trails.
    National Scenic Trails are continuous protected scenic 
corridors for outdoor recreation, and National Historic Trails 
are trails designed to recognize broad facets of history such 
as prominent past routes of exploration, migration, trade, 
communication, and military action. National Recreation Trails 
are existing trails recognized by the federal government as 
contributing to the National Trail System. These trails are 
managed by public and private agencies at the local, state, and 
federal levels and include nature trails, river routes, and 
historic trails. Of the 22 national scenic and historic trails 
established to date, 17 are administered by the National Park 
Service, five by the Forest Service, and one is managed by the 
Bureau of Land Management. Today, there are now over 40,000 
miles of federally-designated trails in 46 states.
    H.R. 37 would authorize the Secretary of the Interior to 
study a number of specific routes and cutoff trails that were 
either not known or considered at the time of their original 
feasibility studies in the 1970s and that may be suitable and 
appropriate for designation as components of the following 
trails: (1) Oregon National Historic Trail; (2) Pony Express 
National Historic Trail; (3) California National Historic 
Trail; and (4) Mormon Pioneer National Historic Trail. During 
these considerations, the National Park Service will work with 
appropriate trail groups, historians, and other interested 
parties to develop information on any new segment to the trail 
in an effort to determine if it meets the criteria for addition 
to the system.
    After determining that the additions or cutoff trails are 
suitable, the Secretary would designate the routes and cutoff 
trails as components of the these four National Trails, and 
publish notice of such designations in the Federal Register. 
H.R. 37 also directs the Secretary to submit the study along 
with the findings to the House Committee on Resources and the 
Senate Committee on Energy and Natural Resources. No 
condemnation of private lands or federal leases are 
contemplated to add any of these routes to the trails.

                            Committee Action

    H.R. 37 was introduced on January 3, 2001, by Congressman 
Doug Bereuter (R-NE). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation, and Public Lands. On April 26, 
2001, the Subcommittee held a hearing on the bill. On May 16, 
2001, the Full Resources Committee met to consider the bill. 
The Subcommittee on National Parks, Recreation, and Public 
Lands was discharged from further consideration of the bill by 
unanimous consent. Congressman Joel Hefley offered an amendment 
in the nature of a substitute that made four changes to the 
original bill: (1) It added the official map title and date; 
(2) it added the term ``shared route'' and authorized the 
Secretary to include shared routes in the study; (3) it 
specifically required the study to assess any private property 
effected by a new route; and (4) it streamlined the text of the 
bill. The amendment was adopted by voice vote. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by voice.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives.--This bill 
does not authorize funding and therefore, clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 25, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 37, a bill to 
amend the National Trails System Act to update the feasibility 
and suitability studies of four national historic trails and 
provide for possible additions to such trails.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 37--A bill to amend the National Trails System Act to update the 
        feasibility and suitability studies of four national historic 
        trails and provide for possible additions to such trails

    H.R. 37 would direct the Secretary of the Interior to 
update the feasibility studies of four national historic trails 
to include numerous shared routes, cutoff trails, and other 
trail segments. The Secretary would designate as components of 
the four national historic trails any segments found to be 
feasible and suitable additions.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the federal government would spend about 
$160,000 over the next three years to conduct all of the 
required studies of trail segments specified by the bill. We 
estimate that any expenses associated with adding any suitable 
routes to the existing four national historic trails would be 
minimal. The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 37 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic):

              SECTION 5A OF THE NATIONAL TRAILS SYSTEM ACT


SEC. 5A. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING 
                    TRAILS FOR POSSIBLE TRAIL EXPANSION.

  (a) In General.--
          (1) Definitions.--In this section:
                  (A) Route.--The term ``route'' includes a 
                trail segment commonly known as a cutoff.
                  (B) Shared route.--The term ``shared route'' 
                means a route that was a segment of more than 
                one historic trail, including a route shared 
                with an existing national historic trail.
          (2) Study requirements and objectives.--The study 
        requirements and objectives specified in section 5(b) 
        shall apply to a study required by this section. The 
        study shall also assess the effect that designation of 
        the studied route as a component of an existing 
        national scenic trail or national historic trail may 
        have on private property along the proposed route.
          (3) Completion and submission of study.--A study 
        listed in this section shall be completed and submitted 
        to the Congress not later than three complete fiscal 
        years from the date of the enactment of this section, 
        or from the date of the enactment of the addition of 
        the study to this section, whichever is later.
          (4) Implementation of study results.--Upon completion 
        of a study required by this section, if the Secretary 
        conducting the study determines that a studied route is 
        a feasible and suitable addition to the existing 
        national scenic trail or national historic trail that 
        was the subject of the study, the Secretary shall 
        designate the route as a component of that national 
        scenic trail or national historic trail. The Secretary 
        shall publish notice of the designation in the Federal 
        Register.
  (b) Oregon National Historic Trail.--
          (1) Study required.--The Secretary of the Interior 
        shall undertake a study of the routes of the Oregon 
        Trail listed in paragraph (2) and generally depicted on 
        the map entitled ``Western Emigrant Trails 1830/1870'' 
        and dated 1991/1993, and of such shared routes that the 
        Secretary considers appropriate, to determine the 
        feasibility and suitability of designation of one or 
        more of the routes as components of the Oregon National 
        Historic Trail.
          (2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  (A) Whitman Mission route.
                  (B) Upper Columbia River.
                  (C) Cowlitz River route.
                  (D) Meek cutoff.
                  (E) Free Emigrant Road.
                  (F) North Alternate Oregon Trail.
                  (G) Goodale's cutoff.
                  (H) North Side alternate route.
                  (I) Cutoff to Barlow Road.
                  (J) Naches Pass Trail.
  (c) Pony Express National Historic Trail.--The Secretary of 
the Interior shall undertake a study of the approximately 20-
mile southern alternative route of the Pony Express Trail from 
Wathena, Kansas, to Troy, Kansas, and such shared routes that 
the Secretary considers appropriate, to determine the 
feasibility and suitability of designation of one or more of 
the routes as components of the Pony Express National Historic 
Trail.
  (d) California National Historic Trail.--
          (1) Study required.--The Secretary of the Interior 
        shall undertake a study of the Missouri Valley, 
        central, and western routes of the California Trail 
        listed in paragraph (2) and generally depicted on the 
        map entitled ``Western Emigrant Trails 1830/1870'' and 
        dated 1991/1993, and of such shared Missouri Valley, 
        central, and western routes that the Secretary 
        considers appropriate, to determine the feasibility and 
        suitability of designation of one or more of the routes 
        as components of the California National Historic 
        Trail.
          (2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  (A) Missouri valley routes.--
                          (i) Blue Mills-Independence Road.
                          (ii) Westport Landing Road.
                          (iii) Westport-Lawrence Road.
                          (iv) Fort Leavenworth-Blue River 
                        route.
                          (v) Road to Amazonia.
                          (vi) Union Ferry Route.
                          (vii) Old Wyoming-Nebraska City 
                        cutoff.
                          (viii) Lower Plattsmouth Route.
                          (ix) Lower Bellevue Route.
                          (x) Woodbury cutoff.
                          (xi) Blue Ridge cutoff.
                          (xii) Westport Road.
                          (xiii) Gum Springs-Fort Leavenworth 
                        route.
                          (xiv) Atchison/Independence Creek 
                        routes.
                          (xv) Fort Leavenworth-Kansas River 
                        route.
                          (xvi) Nebraska City cutoff routes.
                          (xvii) Minersville-Nebraska City 
                        Road.
                          (xviii) Upper Plattsmouth route.
                          (xix) Upper Bellevue route.
                  (B) Central routes.--
                          (i) Cherokee Trail, including splits.
                          (ii) Weber Canyon route of Hastings 
                        cutoff.
                          (iii) Bishop Creek cutoff.
                          (iv) McAuley cutoff.
                          (v) Diamond Springs cutoff.
                          (vi) Secret Pass.
                          (vii) Greenhorn cutoff.
                          (viii) Central Overland Trail.
                  (C) Western routes.--
                          (i) Bidwell-Bartleson route.
                          (ii) Georgetown/Dagget Pass Trail.
                          (iii) Big Trees Road.
                          (iv) Grizzly Flat cutoff.
                          (v) Nevada City Road.
                          (vi) Yreka Trail.
                          (vii) Henness Pass route.
                          (viii) Johnson cutoff.
                          (ix) Luther Pass Trail.
                          (x) Volcano Road.
                          (xi) Sacramento-Coloma Wagon Road.
                          (xii) Burnett cutoff.
                          (xiii) Placer County Road to Auburn.
  (e) Mormon Pioneer National Historic Trail.--
          (1) Study required.--The Secretary of the Interior 
        shall undertake a study of the routes of the Morman 
        Pioneer Trail listed in paragraph (2) and generally 
        depicted on the map entitled ``Western Emigrant Trails 
        1830/1870'' and dated 1991/1993, and of such shared 
        routes that the Secretary considers appropriate, to 
        determine the feasibility and suitability of 
        designation of one or more of the routes as components 
        of the Mormon Pioneer National Historic Trail.
          (2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  (A) 1846 Subsequent routes A and B (Lucas and 
                Clarke Counties, Iowa).
                  (B) 1856-57 Handcart route (Iowa City to 
                Council Bluffs)
                  (C) Keokuk route (Iowa).
                  (D) 1847 Alternative Elkhorn and Loup River 
                Crossings in Nebraska.
                  (E) Fort Leavenworth Road; Ox Bow route and 
                alternates in Kansas and Missouri (Oregon and 
                California Trail routes used by Mormon 
                emigrants).
                  (F) 1850 Golden Pass Road in Utah.
  (f) Shared California and Oregon Trail Routes.--
          (1) Study required.--The Secretary of the Interior 
        shall undertake a study of the shared routes of the 
        California Trail and Oregon Trail listed in paragraph 
        (2) and generally depicted on the map entitled 
        ``Western Emigrant Trails 1830/1870'' and dated 1991/
        1993, and of such other shared routes that the 
        Secretary considers appropriate, to determine the 
        feasibility and suitability of designation of one or 
        more of the routes as shared components of the 
        California National Historic Trail and the Oregon 
        National Historic Trail.
          (2) Covered routes.--The routes to be studied under 
        paragraph (1) are the following:
                  (A) St. Joe Road.
                  (B) Council Bluffs Road.
                  (C) Sublette cutoff.
                  (D) Applegate route.
                  (E) Old Fort Kearny Road (Oxbow Trail).
                  (F) Childs cutoff.
                  (G) Raft River to Applegate.

                                
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