[Senate Report 108-321]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 677
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-321

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        EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL ACT

                                _______
                                

                August 25, 2004.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 22, 2004

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2052]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2052) to amend the National Trails System 
Act to designate El Camino Real de los Tejas as a National 
Historic Trail, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``El Camino Real de los Tejas National 
Historic Trail Act''.

SEC. 2. DESIGNATION OF EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC 
                    TRAIL.

    Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) 
is amended by adding at the end the following:
    ``(24) El camino real de los tejas national historic trail.--
            ``(A) In general.--El Camino Real de los Tejas (the Royal 
        Road to the Tejas) National Historic Trail, a combination of 
        historic routes (including the Old San Antonio Road) totaling 
        approximately 2,580 miles, extending from the Rio Grande near 
        Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana, as 
        generally depicted on the map entitled `El Camino Real de los 
        Tejas' contained in the report entitled `National Historic 
        Trail Feasibility Study and Environmental Assessment: El Camino 
        Real de los Tejas, Texas-Louisiana', dated July 1998.
            ``(B) Map.--A map generally depicting the trail shall be on 
        file and available for public inspection in the appropriate 
        offices of the National Park Service.
            ``(C) Administration.--(i) The Secretary of the Interior 
        (referred to in this paragraph as `the Secretary') shall 
        administer the trail.
            ``(ii) The Secretary shall administer those portions of the 
        trail on non-Federal land only with the consent of the owner of 
        such land and when such trail portion qualifies for 
        certification as an officially established component of the 
        trail, consistent with section 3(a)(3). An owner's approval of 
        a certification agreement shall satisfy the consent 
        requirement. A certification agreement may be terminated at any 
        time.
            ``(iii) The designation of the trail does not authorize any 
        person to enter private property without the consent of the 
        owner.
            ``(D) Consultation.--The Secretary shall consult with 
        appropriate State and local agencies in the planning and 
        development of the trail.
            ``(E) Coordination of activities.--The Secretary may 
        coordinate with United States and Mexican public and 
        nongovernmental 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.
            ``(F) Land acquisition.--The United States shall not 
        acquire for the trail any land or interest in land outside the 
        exterior boundary of any federally-administered area without 
        the consent of the owner of the land or interest in land.''.

                         Purpose of the Measure

    The purpose of S. 2052 is to amend the National Trails 
System Act to designate El Camino Real de los Tejas in Texas 
and Louisiana as a National Historic Trail.

                          Background and Need

    Used as early as the 1690's, El Camino Real de los Tejas 
was an early road system that brought Anglo settlers and 
volunteers from the United States to Texas. The roadway also 
played a key role in General Antonio Lopez de Santa Ana's march 
on Texas in early 1836, and the defeat of the Mexican army by 
Texan forces under General Sam Houston at San Jacinto on April 
21, 1836.
    After Mexico's independence from Spain in 1821, Mexico 
agreed to open Texas to American settlers through the efforts 
of Stephen F. Austin. During the next decade, some 30,000 
Anglo-Americans, along with 3,000 slaves, migrated into Texas 
via the old Camino Real linking Natchitoches in Louisiana and 
San Antonio in the Texas province.
    As hostilities grew between the Mexican government and the 
Texas settlers, the roads of the Camino Real de los Tejas 
served an important military purpose. The former congressman 
from Tennessee, David Crockett, used parts of the Camino Real 
roads to reach the Alamo.
    After the birth of the Texas Republic, the Camino Real de 
los Tejas continued to serve as both a major thoroughfare for 
migration into Texas and a military highway system, helping to 
propel Texas into a unique and prosperous future. The 
designation of the El Camino Real as a National Historic Trail 
will allow future generations to experience and understand this 
important piece of American history.

                          Legislative History

    S. 2052 was introduced by Senator Hutchison on February 5, 
2004. A similar bill, H.R. 4122, was introduced by 
Representative Rodriguez on April 1, 2004. The Subcommittee on 
National Parks held a hearing on S. 2052 on April 27, 2004. The 
Committee on Energy and Natural Resources ordered S. 2052, as 
amended, favorably reported on July 14, 2004.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in an open 
business session on July 14, 2004, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 2052, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 2052, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
clarifying changes to language regarding the effect of the 
trail designation on private property rights. The amendment 
conforms the designation authority for El Camino Real de los 
Tejas more closely to previously designated National Historic 
Trails while clarifying that such designation will not 
adversely affect private landowners. The amendment is described 
in detail in the section-by-section analysis below.

                      Section-by-Section Analysis

    Section 1 entitles this bill the ``El Camino Real de los 
Tejas National Historic Trail Act.''
    Section 2 amends section 5(a) of the National Trails System 
Act (16 U.S.C. 1244(a)) to establish El Camino Real de Los 
Tejas as a National Historic Trail. The section identifies the 
trail route to be designated and provides that the trail is to 
be administered by the Secretary of the Interior (Secretary).
    The Secretary may administer non-Federal portions of the 
trail only with the willing consent of the owner and only when 
those lands qualify for certification as an officially 
established section of the National Historic Trail. Approval of 
the certification agreement by the property owner will serve as 
adequate evidence of their consent. Notwithstanding Historic 
Trail designation, no person is authorized to enter private 
property without the consent of the property owner. The 
Secretary is directed to consult with appropriate State and 
local agencies in the planning and development of the trail.
    The Secretary is also directed to coordinate with the 
public of the United States and Mexico and with non-government 
organizations to exchange data, research, technical assistance 
and other information and to work toward the establishment of 
an international trail with complementary education and 
preservation programs.
    Finally, the section makes clear that the United States may 
not acquire any non-Federal land without the voluntary consent 
of the owner.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 16, 2004.
Hon. Pete V. Domenici,
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. 2052, the El Camino 
Real de los Tejas National Historic Trail Act.
    If you wish further details on this estimate, we will 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 2052--El Camino Real de los Tejas National Historic Trail Act

    S. 2052 would amend the National Trails System Act to 
designate the El Camino Real de los Tejas (the Royal Road to 
the Tejas) as a National Historic Trail. The segment of the El 
Camino Real to be designated extends from the Rio Grande near 
Laredo, Texas, to Natchitoches, Louisiana, a distance of 2,580 
miles. The National Park Service (NPS) would administer the 
trail and coordinate the efforts of U.S. and Mexican public and 
private entities on trail education, interpretation, and 
preservation.
    Based on information provided by the NPS and assuming the 
availability of appropriated funds, CBO estimates that 
establishing, developing, and administering the proposed 
historic trail would cost about $400,000 annually beginning in 
fiscal year 2005. Of this amount, we estimate that the NPS 
would spend a total of $300,000 over the next two or three 
years to prepare a comprehensive management plan for the trail. 
We expect that the balance of each year's expenses would cover 
trail development, educational programs, and operation under 
partnership agreements with Mexico and with local 
organizations.
    S. 2052 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. 2052.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or 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 the 
enactment of S. 2052.

                        Executive Communications

    On March 30, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2052. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on S. 2052 follows:

  Statement of Paul Hoffman, Deputy Assistant Secretary for Fish and 
          Wildlife and Parks, U.S. 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. 2052, a bill to amend 
the National Trails System Act to designate El Camino Real de 
los Tejas as a National Historic Trail.
    The Department supports S. 2052 with amendments to clarify 
the differences between designation of the trail and certifying 
sites and segments to be managed as part of the trail.
    S. 2052 would add the Camino Real de los Tejas as a 
national historic trail component of the National Trails System 
only on publicly owned land. Making sites and segments of the 
trail available for public use where the trail crosses 
privately owned lands would be authorized only upon the consent 
of the owner when the site qualifies for certification. Subject 
to the provisions for privately owned lands, the bill 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 Nack-a-dish), Louisiana with trail 
administration provided by the Secretary of the Interior. No 
land or interest in land outside the exterior boundaries of any 
federally administered area could be acquired by the United 
States for the trail except with the consent of the owner. S. 
2052 also 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. Finally, the bill also 
calls for the Department to consult with appropriate state 
agencies including 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 National Park Service (NPS) was authorized to study 
both El Camino Real de los Tejas and the Old San Antonio Road 
by P.L. 103-145. The National Historic Trail Feasibility Study 
and Environmental Assessment, El Camino Real de los Tejas, 
Texas--Louisiana was completed in July 1998. The study 
concluded that both roads met all national historic trail 
criteria as defined by the study provisions of the National 
Trails System Act (16 U.S.C. 1244). The study was presented to 
the National Park System Advisory Board and the board concurred 
with the findings.
    El Camino Real de los Tejas was the primary route between 
the Spanish vice-regal capital of Mexico City and the Spanish 
provincial capital of Tejas at Los Adaes (pronounced Uh-die-us) 
(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 what are now the southern 
borderlands of the United States.
    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, 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, today 
most of the route lies in Mexico. S. 2052 would allow for 
collaborative programs with Mexican institutions, both public 
and private, that would help in fully understanding the 
history, geography, and cultures of the entire route. 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, an international historic trail would be created 
with benefits leading to an increase in mutual understanding 
between our nations.
    Partnerships and cooperation, keystones to the development 
of the National Trails System, are essential to bring about the 
preservation and interpretation of El Camino Real de los Tejas 
resources. 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 property rights. Respecting property 
rights will developsolid and long-lasting relationships with 
partners and help 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.
    With continued and even increasing public interest and 
efforts to help commemorate it, opportunities for partnerships 
along El Camino Real de los Tejas are very promising. Long-term 
success of the trail will depend on continued involvement from 
partners as well as the States of Texas and Louisiana, 
landowners, and other organizations and individuals. In that 
regard, we would strongly encourage the early creation of a 
non-profit trails organization to represent the various 
constituencies along the trail and to enhance the public/
private partnerships that make nationally designated trails 
successful.
    Should S. 2052 be enacted, the NPS, subject to availability 
of funds, would 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 NPS would implement the plan by creating a trail 
administration office to provide technical and limited 
financial assistance for preservation, historical research, 
planning and design for interpretation and development 
projects. It would also manage the negotiating and certifying 
of qualifying sites, trail segments, and interpretive 
facilities. NPS would develop and manage the official trail 
marker symbol, marking the route and negotiating 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. This would involve some 
increased operational costs, although most trails have annual 
funding of less than $300,000.
    We believe there is some confusion with regard to the 
language that seeks to assure that private property rights are 
protected and we recommended that this language be clarified to 
eliminate this confusion. When Congress adds a trail to the 
National Trails System Act, designation of the trail and 
certification of sites and segments are two separate actions. 
Designation of the trail involves the acknowledgment of a 
continuous route on a map with a beginning and an ending point. 
This route is consistent with the findings of the study 
completed for the trail.
    However, the designation of this route does not mean that 
each piece of land that makes up the route is open and 
available for public use. Sites and segments are only available 
for public use through the certification process whereby the 
NPS would discuss with private landowners whether they would 
like the portion of the trail through their property to be part 
of the designated trail. No landowner is required to have his 
property available for use even though a trail is designated by 
Congress.
    Should a landowner agree to have any site or segment 
certified for a designated trail, the NPS Intermountain Region, 
which administers eight national historic trails and would be 
responsible for the trail designated by S. 2052, includes 
language in its certification agreement to protect private 
property rights. That language reads: ``The owner retains all 
legal rights to the property, and nothing in this agreement is 
to be construed as granting any legal authority to the National 
Park Service over the property or any action by the owner.'' 
Landowners retain complete rights to their lands and only 
participate in trail programs to the extent that they desire 
through the certification process. Under existing authorities, 
neither trail designation, nor certification gives the Federal 
government any control over private lands.
    Some of the language proposed in this bill to protect 
private property rights is already found in the National Trails 
System Act, and we believe creates confusion between the 
designation and certification processes. We would be glad to 
work with the committee on alternative language to eliminate 
this confusion.
    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 
S. 2052, 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 
Sysem Ac''.

           *       *       *       *       *       *       *

    Sec. 5. (a) National scenic trails shall be authorized and 
designated only by Act of Congress. There are hereby 
established as the initial National Scenic Trails:
          (1) The Appalachian Trail, a trail of approximately 
        two thousand miles extending generally along the 
        Appalachian Mountains from Mount Katahdin, Maine, to 
        Springer Mountain, Georgia. Insofar as practicable, the 
        right-of-way for such trail shall comprise the trail 
        depicted on the maps identified as ``Nationwide System 
        of Trails, Proposed Appalachian Trail, NST-AT-101-May 
        1967'', which shall be on file and available for public 
        inspection in the office of the Director of the 
        National Park Service. Where practicable, such rights-
        of-way shall include lands protected for it under 
        agreements in effect as of the date of enactment of 
        this Act, to which Federal agencies and States were 
        parties. The Appalachian Trail shall be administered 
        primarily as a footpath by the Secretary of the 
        Interior, in consultation with the Secretary of 
        Agriculture.

           *       *       *       *       *       *       *

          (24) El camino real de los tejas national historic 
        trail.--
                  (A) In general.--El Camino Real de los Tejas 
                (the Royal Road to the Tejas) National Historic 
                Trail, a combination of historic routes 
                (including the Old San Antonio Road) totaling 
                approximately 2,580 miles, extending from the 
                Rio Grande near Eagle Pass and Laredo, Texas, 
                to Natchitoches, Louisiana, as generally 
                depicted on the map entitled ``El Camino Real 
                de los Tejas'' contained in the report entitled 
                ``National Historic Trail Feasibility Study and 
                Environmental Assessment: El Camino Real de los 
                Tejas, Texas-Louisiana'', dated July 1998.
                  (B) Map.--A map generally depicting the trail 
                shall be on file and available for public 
                inspection in the appropriate offices of the 
                National Park Service.
                  (C) Administration.--(i) The Secretary of the 
                Interior (referred to in this paragraph as 
                ``the Secretary'') shall administer the trail.
                  (ii) The Secretary shall administer those 
                portions of the trail on non-Federal land only 
                with the consent of the owner of such land and 
                when such trail portion qualifies for 
                certification as an officially established 
                component of the trail, consistent with section 
                3(a)(3). An owner's approval of a certification 
                agreement shall satisfy the consent 
                requirement. A certification agreement may be 
                terminated at any time.
                  (iii) The designation of the trail does not 
                authorize any person to enter private property 
                without the consent of the owner.
                  (D) Consultation.--The Secretary shall 
                consult with appropriate State and local 
                agencies in the planning and development of the 
                trail.
                  (E) Coordination of activities.--The 
                Secretary may coordinate with United States and 
                Mexican public and nongovernmental 
                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.
                  (F) Land acquisition.--The United States 
                shall not acquire for the trail any land or 
                interest in land outside the exterior boundary 
                of any federally-administered area without the 
                consent of the owner of the land or interest in 
                land.

           *       *       *       *       *       *       *


                                  
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