[Senate Report 107-203]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 480
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-203

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



 
               OLD SPANISH TRAIL RECOGNITION ACT OF 2002

                                _______
                                

                  July 3, 2002.--Ordered to be printed

 Filed, under the authority of the order of the Senate of June 26, 2002

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1946]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1946) to amend the National Trails System 
Act to designate Old Spanish Trail 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 2, line 4, strike ``3,500'' and insert 
``2,700''.
    2. On page 2, line 8, strike ``map contained in the report 
prepared under subsection (b)'' and insert ``maps numbered 1 
through 9, as contained in the report''.
    3. On page 2, line 10, after ``2001'' insert ``, including 
the Armijo Route, Northern Route, North Branch, and Mojave 
Road''.
    4. On page 2, lines 11 through 14, amend paragraph (B) to 
read as follows:

          ``(B) Map.--A map generally depicting the trail shall 
        be on file and available for public inspection in the 
        appropriate offices of the Department of the 
        Interior.''.

    5. On page 2, line 16, strike ``Interior, acting through 
the Director of the National Park Service'' and insert 
``Interior''.

                                Purpose

    The purpose of S. 1946 is to amend the National Trails 
System Act to designate the Old Spanish Trail, running from 
Santa Fe, New Mexico to Los Angeles, California, as a National 
Historic Trail.

                          Background and Need

    The Old Spanish Trail, opened as the first viable overland 
trade route between Santa Fe, New Mexico and Los Angeles, 
California, was a major link connecting what is now New Mexico 
and southern California from 1829 to 1848. The route was 
primarily used by New Mexican traders transporting goods west 
for sale in Los Angeles. Emigrants from New Mexico and eastern 
points also moved westward over the trail. After the United 
States won control of the Southwest from Mexico, traders and 
emigrants found other routes to California. By 1849, use of the 
Old Spanish Trail faded.
    The 2,700 mile trail begins in Santa Fe, New Mexico, and 
runs through the States of Colorado, Utah, Arizona, and Nevada, 
before ending up in Los Angeles, California. S. 1946 would 
designate the primary route of the trail, the Armijo Route and 
the North Branch, along with additional side routes.
    In 1996, the National Park Service was directed to study 
the Old Spanish Trail (section 402 of Public Law 104-333) to 
determine the suitability and feasibility of designating it as 
a national historic trail. The study was completed in July 
2001, and concluded that the trail met all national historic 
trail criteria.
    S. 1946 designates the Old Spanish Trail for addition to 
the National Trails System to preserve the trail and to 
recognize its contribution to Western history.

                          Legislative History

    S. 1946 was introduced by Senators Campbell, Domenici, 
Bingaman, and Allard on February 14, 2002. The Subcommittee on 
National Parks held a hearing on S. 1946 on March 7, 2002. The 
Committee on Energy and Natural Resources adopted amendments to 
S. 1946 at its business meeting on May 15, 2002, and ordered 
the bill as amended favorably reported at its business meeting 
on June 5, 2002.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1946, if 
amended as described herein.

                          Committee Amendments

    During its consideration of S. 1946, the Committee on 
Energy and Natural Resources adopted five amendments. Amendment 
#1 corrects the bill's reference to length of the Old Spanish 
Trail. Amendments #2 and #3 clarify that the trail includes 
four distinct routes. Amendments #4 and #5 clarify that the 
trail is to be administered by the Secretary of the Interior, 
presumably through either the National Park Service or the 
Bureau of Land Management.

                      Section-by-Section Analysis

    Section 1 entitles the Act the ``Old Spanish Trail 
Recognition Act of 2002.''
    Section 2 amends section 5(a) of the National Trails System 
Act (16 U.S.C. 1244(a)) by adding the Old Spanish National 
Historic Trail as a component of the National Trails System. 
Among its other provisions, this section prohibits the United 
States from acquiring any land or interest in land outside the 
exterior boundary of any federally-managed area without the 
consent of the owner of the land or interest in the land. The 
Secretary may designate additional routes to the trail if they 
were included in the feasibility study but were not recommended 
for designation and the Secretary determines that the 
additional routes were used for trade and commerce between 1829 
and 1848.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 28, 2002.
Hon. Jeff Bingaman,
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. 1946, the Old 
Spanish Trail Recognition Act of 2002.
    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.

S. 1946--Old Spanish Trail Recognition Act of 2002

    S. 1946 would establish the Old Spanish National Historic 
Trail. The 3,500-mile trail would comprise four major routes 
and extend from New Mexico to California.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the National Park Service (NPS) would spend 
about $400,000 over the next two or three years to complete a 
comprehensive management plan for the new trail. In addition, 
we estimate that the NPS would spend about $500,000 annually to 
manage the trail beginning in 2003 or 2004. Thus, initial costs 
would total about $2 million over the next four to five years.
    The costs of subsequent trail development, which could 
occur over many years, are uncertain and cannot be determined 
until a management plan has been completed. Such costs include 
capital expenditures for visitor facilities as well as other 
one-time expenses for trail marking, exhibits, and interpretive 
materials. They vary significantly from trail to trail, 
depending on such factors as the length of the trail, federal 
ownership of land, and contributions by nonfederal entities 
such as nonprofit organizations and state agencies. The costs 
of developing the historic trail could range from under $1 
million (for signs and minimal facilities such as trailhead 
parking and wayside exhibits) to over $20 million (for multiple 
visitor centers and multimedia interpretive programs).
    The bill 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 H. Fontaine, 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. 1946. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1946.

                        Executive Communications

    The pertinent legislative report received by the Committee 
from the Department of the Interior setting forth Executive 
agency recommendations relating to S. 1946 is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                    Washington, DC, March 11, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
                       U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of Interior on S. 1946, a bill to amend the National 
Trails System Act to designate the Old Spanish Trail as a 
National Historic Trail.
    The Department thanks Senator Campbell for his continued 
interest and support of the Old Spanish Trail. However, we 
recommend that the committee defer action on S. 1946 during the 
remainder of the 107th Congress. To meet the Administration's 
Initiative to eliminate the deferred maintenance backlog, we 
need to continue to focus our resources on caring for existing 
ares in the National Park System. Administrative costs for this 
trail are estimated to initially be $100,000 to $200,000 yearly 
increasing up to $750,000 or more each year once the trail is 
fully operational. Land acquisition costs are difficult to 
estimate since acquisition is subject to willing sellers and 
local cost comparables but typically in trails of this type 
little if any land is acquired. At such times as this 
legislation moves forward, we suggest that the bill be amended 
as outlined in this report.
    The National Park Service was authorized to study the Old 
Spanish Trail by Public Law 104-333, Section 402. The final 
study concluded that the trail 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. The draft study released in July, 2000 
included a finding that there was insufficient historical 
information to recommend designation as a national historic 
trail. During the comment period, the National Park Service 
continued to research trail history and consult with historians 
in the United States and Mexico. The designation determination 
was made based upon the theme of the ``Changing Role of the 
United States in the World Community'' with specifici emphasis 
on the topic of commerce during the period 1829 to 1848, and 
the impacts of legal and illegal trade upon the American Indian 
nations along the trail.
    S. 1946 would add the Old Spanish Trail as a national 
historic trail component of the National Trails Systems. It 
would designate the primary route of the trail, the Armijo 
Route and the North Branch, along with some shorter variations 
of these routes, totaling approximately 3,500 miles. The trail 
begins in Santa Fe, New Mexico, and runs through the states of 
Colorado, Utah, Arizona, and Nevada, before ending in Los 
Angeles, California. The bill states that the trail would be 
administered by the Secretary of the Interior, through the 
National Park Service. As provided for in the National Trails 
System Act, on non-Federal lands, the trail would be 
established only when landowners voluntarily request 
certification of their sites and segments. 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 Old Spanish Trail was the first viable overland trade 
route between Santa Fe, New Mexico and Los Angeles, California, 
the two most important provincial capitals in the Southwest in 
the early nineteenth century. New Mexican trader Antonio Armijo 
blazed the trail in 1829, when he led a caravan laden with New 
Mexico's woolen goods to Los Angeles to trade for horses and 
mules that were abundant on the ranches of southern California. 
News of Armijo's feat encouraged other traders to attempt the 
dangerous overland route. In 1830, two American traders blazed 
a more northerly route that followed river valleys through 
Colorado and Utah before reuniting with Armijo's route in 
Nevada. Over the next two decades, annual mule caravans carried 
goods from New Mexico to California over these variants of the 
Old Spanish Trail. The caravan returned with massive herds of 
horses and mules that were traded in Santa Fe for Mexican 
silver, that traders brought up the Camino Real, or American 
manufactured goods brought across the plains on the Santa Fe 
Trail. After the United States won control of the Southwest 
from Mexico, traders and emigrants found other, more 
accommodating, routes to California. By 1849, use of the Old 
Spanish Trail faded.
    Partnerships are essential for the preservation and 
interpretation of Old Spanish Trail resources, from trail 
remnants to archaeological sites. With continued and ever-
increasing public interest to help commemorate the trail, 
opportunities for partnerships are very promising. 
Organizations, such as the Old Spanish Trail Association, 
expressed their eagerness to help with the trail during the 
study process. Long-term success of the trail would depend on 
continued involvement from partners, landowners, other 
organizations, and individuals, as well as the States of New 
Mexico, Colorado, Arizona, Utah, Nevada, and California.
    In the future if the bill moves forward, we would recommend 
that S. 1946 be amended by changing ``map'' to ``maps'' on page 
2, line 8 and ``A map'' to ``The maps'' on page 2 line 11. A 
total of nine maps are used in the Old Spanish Trail National 
Historic Trail Feasibility Study and Environmental Assessment 
to describe the location of the trail. Also, although the 
National Park Service completed the feasibility and suitability 
study, and would be pleased to administer the trail, there are 
many agencies involved in administering the lands that the 
trail passes through. For example, the Bureau of Land 
Management manages over 800 miles of the trail as it passes 
through Colorado, Utah, New Mexico, Arizona, and Nevada. We 
would suggest amending paragraph (C) to state that the trail 
will be administered by the Secretary of the Interior by 
striking ``acting through the Director of the National Park 
Service.'' This will make the bill consistent with the National 
Trails System Act which specifies that the Secretary designate 
the agency to administer a trail.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                               Harold Craig Manson,
                           Assistant Secretary for Fish and
                                                Wildlife and Parks.

                        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. 1946, 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]

 AN ACT To establish a national trails system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              SHORT TITLE

    Section 1. This Act may be cited as the ``National Trails 
System Act''.

           *       *       *       *       *       *       *

    Sec. 5(a) * * *
    (1) * * *
    (21) El Camino Real de Tierra Adentro.

           *       *       *       *       *       *       *

    [(21)] (22) Ala Kahakai National Historic Trail.

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    (23) Old spanish national historic trail.--
          (A) In general.--The Old Spanish National Historic 
        Trail, an approximately 2,700 mile long trail extending 
        from Santa Fe, New Mexico, to Los Angeles, California, 
        that served as a major trade route between 1829 and 
        1949, as generally depicted on the maps numbered 1 
        through 9, as contained in the report entitled ``Old 
        Spanish National Historic Trail Feasibility Study'', 
        dated July 2001, including the Armijo Route, Northern 
        Route, North Branch, and Mojave Road.
          (B) Map.--A map generally depicting the trail shall 
        be on file and available for public inspection in the 
        appropriate offices of the Department of the Interior.
          (C) Administration.--The trail shall be administered 
        by the Secretary of the Interior (referred to in this 
        paragraph as the ``Secretary'').
          (D) Land acquisition.--The United States shall not 
        acquire any land or interest in land outside the 
        exterior boundary of any federally-managed area without 
        the consent of the owner of the land or interest in 
        land.
          (E) Consultation.--The Secretary shall consult with 
        other Federal, State, local, and tribal agencies in the 
        administration of the trail.
          (F) Additional routes.--The Secretary may designate 
        additional routes to the trail if--
                  (i) the additional routes were included in 
                the Old Spanish National Historic Trail 
                Feasibility Study, but were not recommended for 
                designation as a national historic trail; and
                  (ii) the Secretary determines that the 
                additional routes were used for trade and 
                commerce between 1829 and 1848.

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