[Senate Report 109-44]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 63
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-44

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



 
                  NATIONAL TRAILS SYSTEM ACT AMENDMENT

                                _______
                                

                 March 30, 2005.--Ordered to be printed

  Filed, under authority of the order of the Senate of March 17, 2005

                                _______
                                

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

                              R E P O R T

                          [To accompany S. 54]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 54) to amend the National Trails System 
Act to require the Secretary of the Interior to update the 
feasibility and suitability studies of four national historic 
trails, and for other purposes, 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, strike lines 1 through 23 and insert the 
following:

    ``(g) Revision of Feasibility and Suitability Studies of Existing 
National Historic Trails.--
          ``(1) Definitions.--In this subsection:
                  ``(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 1 historic trail, 
                including a route shared with an existing national 
                historic trail.
          ``(2) Requirements for revision.--
                  ``In general.--The Secretary shall revise the 
                feasibility and suitability studies for certain 
                national trails for consideration of possible additions 
                to the trails.
                  ``(B) Study requirements and objectives.--The study 
                requirements and objectives specified in subsection (b) 
                shall apply to a study required by this subsection.
                  ``(C) Completion and submission of study.--A study 
                listed in this subsection shall be completed and 
                submitted to Congress not later than 3 complete fiscal 
                years from the date funds are made available for the 
                study.
          ``(3) Oregon national historic trail.--

    2. On page 3, line 23, strike ``(3)'' and insert ``(4)''.
    3. On page 4, line 8, strike ``(4)'' and insert ``(5)''.
    4. On page 7, line 9, strike ``(5)'' and insert ``(6)''.
    5. On page 8, line 14, strike ``(6)'' and insert ``(7)''.

                         Purpose of the Measure

    The purpose of S. 54 is to amend the National Trails System 
Act to require the Secretary of the Interior to update the 
feasibility and suitability studies of four national historic 
trails.

                          Background and Need

    The National Trails System Act (16 U.S.C. 1241 et seq.) 
authorizes the establishment of National Scenic, Historic and 
Recreation trails. S. 54 would amend that Act to authorize 
studies of additional routes for four prominent National 
Historic Trails: the Oregon National Historic Trail, a primary 
route for emigrants to the West; the Mormon National Historic 
Trail, which commemorates the 1846-47 journey of Mormon 
settlers from Illinois to Utah; the California National 
Historic Trail, which traces access routes to the 1849 
California Gold Rush; and the Pony Express National Historic 
Trail, which commemorates the eighteenth-month running of the 
Pony Express and its dashing delivery of mail from Missouri to 
California in ten days.
    Congress designated the Oregon and Mormon trails in the 
late 1970's and the California and Pony Express trails in the 
late 1980's. More recently, dozens of additional routes and 
cutoffs have been identified which may qualify as integral 
parts of these trails. Rather than following a single mainline 
route, the pioneers often followed a system of trails, braided 
to follow water and grass, avoid Indians, save time, and even 
access additional sites.
    S. 54 is necessary because the National Trails System Act 
does not provide for additions to trails subsequent to their 
designation by Congress. The bill would authorize the Secretary 
of the Interior to study the feasibility and suitability of 
adding new routes to each of these trails. Any designation of 
these new routes as components of the National Trails System 
would require subsequent legislation.
    The Oregon, Mormon, California, and Pony Express trails 
overlap one another in many locations and several of the routes 
and cutoffs proposed for study in S. 54 are already part of one 
or another of the designated trails. These shared routes are 
prominent where the trails depart from various points along the 
Missouri River, and other shared locations include routes in 
western Nebraska, Kansas, Colorado, Wyoming, Idaho, Nevada, and 
California. The study of these additional routes and cutoffs 
will help assure greater historical accuracy along these 
routes.

                          Legislative History

    S. 54 was introduced by Senator Hatch on January 24, 2005. 
During the 108th Congress, the Committee considered a similar 
bill, S. 635. The Subcommittee on National Parks held a hearing 
on S. 635 on May 6, 2003. S. 635 was ordered reported, with 
amendments, by a voice vote on June 9, 2003 (S. Rept. 108-64) 
and passed the Senate by unanimous consent on June 16, 2003. 
The House of Representatives did not consider the bill prior to 
the sine die adjournment of the 108th Congress. A companion 
measure was introduced March 4, 2003 by Representative 
Bereuter.
    Similar legislation, H.R. 37, was sponsored by 
Representative Bereuter in the 107th Congress and passed the 
House on June 6, 2001. Companion legislation, S. 213, 
wasintroduced by Senator Hatch and others on January 30, 2001. The 
Subcommittee on National Parks held a hearing on both bills on March 7, 
2002. At its business meeting on July 31, 2002, the Committee on Energy 
and Natural Resources ordered H.R. 37 to be favorably reported, as 
amended. H.R. 37 passed the Senate by a voice vote on November 19, 
2003, but was not considered by the House prior to the sine die 
adjournment of the 108th Congress.
    At its business meeting on February 16, 2004, the Committee 
on Energy and Natural Resources ordered S. 54, as amended, 
favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in an open 
business session on February 16, 2005, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
54, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 54, the Committee adopted 
several amendments to conform the bill text to the version as 
reported by the Committee during the 108th Congress. The 
amendments also make other technical and clarifying 
corrections.

                      Section-by-Section Analysis

    Section 1 amends section 5 of the National Trails System 
Act (16 U.S.C. 1244) by inserting a new subsection (g) 
authorizing the Secretary of the Interior or the Secretary of 
Agriculture, as appropriate, to study the referenced routes 
which are associated with the Oregon, Pony Express, California, 
and Mormon Pioneer National Historic Trails for possible 
additions to these trails.
    Paragraph (1) of the new subsection defines key terms used 
in the studies and clarifies that the studies are to be 
conducted in accordance with the requirements of section 5(b) 
of the National Trails System Act.
    Paragraph (2) identifies ten routes associated with the 
Oregon National Historic Trail and any other routes the 
Secretary determines are appropriate for designation as a 
component of the Oregon National Historic Trail.
    Paragraph (3) directs the Secretary to study approximately 
20 miles of the southern alternative route of the Pony Express 
National Historic Trail from Wathena, Kansas to Troy, Kansas. 
In addition, the Secretary is to consider other routes that 
might be feasible and suitable for designation as components of 
the Pony Express National Historic Trail.
    Paragraph (4) directs the Secretary to study several routes 
associated with the California National Historic Trail, 
including 19 routes in the Missouri Valley, 8 central routes, 
and 13 western routes.
    Paragraph (5) directs the Secretary to study six routes 
associated with the Mormon Pioneer National Historic Trail 
depicted on the referenced map.
    Paragraph (6) requires the Secretary to study seven routes 
that are shared by the California and Oregon National Historic 
Trails. In addition, the Secretary is authorized to study other 
associated shared routes to determine their suitability and 
feasibility for designation as part of either trail.

                   Cost and Budgetary Considerations

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

 S. 54--A Bill To Amend the National Trails System Act To Require the 
  Secretary of the Interior To Update the Feasibility and Suitability 
                Studies of Four National Historic Trails

    S. 54 would direct the Department 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 four trails affected are the Oregon, Pony 
Express, California, and Mormon Pioneer National Historic 
Trails.) The bill would require the department to report its 
findings on the potential trail additions within three years of 
receiving funding for the studies.
    Assuming the availability of appropriated funds, CBO 
estimates that it would cost about $160,000 over the next three 
years to conduct all of the required studies of trail segments 
specified by the bill. The legislation would not affect direct 
spending or revenues.
    S. 54 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. 54.
    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. 54, as ordered reported.

                        Executive Communications

    During the 108th Congress, the Committee considered similar 
legislation, S. 635.
    The views of the Administration on S. 635 were included in 
testimony received by the Committee at a hearing on the bill on 
May 6, 2004, as follows:

    Statement of D. Thomas Ross, Assistant Director, Recreation and 
    Conservation, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 635, which would amend 
the National Trails System Act to update the feasibility and 
suitability studies of the Oregon, California, Pony Express and 
Mormon Pioneer National Historic Trails (NHT).
    S. 635 would update the feasibility and suitability studies 
and make recommendations through the examination of additional 
routes and cutoffs not included in the initial studies of all 
four trails. The Secretary of the Interior would determine if 
any of these routes and cutoffs are eligible as additions to 
the four NHTs at the completion of these studies and report 
back to the Congress.
    The Department supports S. 635 with an amendment to the 
bill included at the end of this testimony. We suggest the bill 
be amended to make the deadline for completion and submission 
to the studies to Congress be three years after funds are made 
available for the studies.
    The National Park Service is in various stages of progress 
on 37 studies previously authorized by Congress. Eight of these 
studies are being funded from the same appropriation that would 
be used for these updated trail studies. The Department's 
priority has been to complete the studies previously authorized 
by Congress, and to begin work on newly authorized studies as 
funding becomes available. We therefore suggest that the bill 
be amended to make the deadline for completion and submission 
of the studies to Congress be three years after funds are made 
available.
    The feasibility study for the Oregon NHT was completed in 
1977, the study for the Mormon Pioneer NHT in 1978, and the one 
for the California and Pony Express NHTs in 1987. Since those 
studies have been completed, additional routes and cutoffs were 
identified that may qualify as segments of these trails. The 
National Trails Systems Act does not provide the authority to 
evaluate and add any additional routes and cutoffs without 
certain legislative amendments.
    The Oregon NHT, authorized in 1978, commemorates the 
``primary route'' used by the emigrants beginning in 1841 
between Independence, Missouri and Oregon City, Oregon. 
Traveled by thousands, the trail contained routes and cutoffs 
used through the years. These secondary routes had substantial 
emigrant traffic over several decades that demonstrate 
historical significance and may be worthy of examination in an 
updated study.
    The authorization of the Mormon NHT in 1978 commemorates 
the journey of the pioneer party in 1846-1847 from Nauvoo, 
Illinois, to Salt Lake City, Utah. As with the Oregon NHT, 
emigrant traffic occurred on many additional routes during the 
Mormon migration westward. As with the other trails, these 
routes frequently coincide with one another. Preliminary data 
indicate historic traffic along these routes.
    Authorized in 1992, the California NHT commemorates the 
gold rush to the Sierra Nevada. Dozens of routes and cutoffs 
were traveled by thousands of pioneers, but no single route 
dominated.
    The Pony Express NHT was included in the same authorizing 
legislation as the California NHT. It commemorates the efforts 
of this nation struggling to establish a system of 
communication across the Trans-Missouri west. The trail 
primarily follows routes beginning at St. Joseph, Missouri and 
ending in San Francisco, California. The firm of Russell, 
Majors, and Waddell, a western Missouri freighting company, 
established and operated the Pony Express for one and a half 
years before it fell on hard times and ceased to exist. A short 
section of the trail, from the Missouri River into Kansas, may 
be worthy of study and is included in S. 635.
    All four trails overlap one another in many locations and 
several of the routes and cutoffs proposed for study in S. 635 
are already part of designated trails. These shared routes are 
prominent where the trails depart from various points along the 
Missouri and Mississippi Rivers, particularly in the Kansas 
City, St. Joseph, Nebraska City, Council Bluffs and Omaha 
areas. Several other shared locations include routes in western 
Nebraska, Kansas, Colorado, Wyoming, Idaho, Nevada and 
California.
    The National Trail System Act requires that studies of 
lands proposed for trails be made in consultation with federal, 
state, and local agencies, as well as nonprofit trail 
organizations. Between 1994 and 1999, the National Park 
Service--in collaboration with the Bureau of Land Management, 
USDA Forest Service, trail advocacy groups and others--
completed the ``Comprehensive Management and Use Plan and 
Environmental Impact Statement'' (1999) for the four trails. 
This was the initial plan for the recently established 
California and Pony Express NHTs as well as revised plans for 
the earlier established Oregon and Mormon Pioneer NHTs. S. 635 
would allow for the consideration of these additional 
alternates and cutoffs by authorizing an update of the original 
studies done for these four trails to evaluate which are 
eligible for designation as NHT segments. S. 635 maintains the 
requirements of the National Trail System Act to work closely 
with federal agencies, state, local and tribal governments, 
local landowners and other interested parties. We anticipate 
the cost of doing these studies to be approximately $175,000.
    The intent of the National Trails System Act is one of 
respecting private property rights. Given that historic trails 
cross public and private lands, the development of strong 
partnerships is critical to administering and managing the 
historic trails and achieving preservation of trail resources 
and interpretation of the trail to the public. The four 
national trails in this legislation demonstrate existing public 
and private partnerships.
    This concludes my testimony. I would be happy to respond to 
any questions that you or members of the subcommittee may have.

                          AMENDMENT TO S. 635

    S. 635 is amended by page 2, line 24 by striking ``the date 
of enactment of this section'' and inserting ``funds are made 
available''.

                        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. 54, 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, 90th Congress


  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) National scenic and national historic trails 
shall be authorized and designated only by Act of Congress. 
There are hereby established the following National Scenic and 
National Historic Trails:

           *       *       *       *       *       *       *

    (g) Revision of Feasibility and Suitability Studies of 
Existing National Historic Trails.--
          (1) Definitions.--In this subsection:
                  (A) Route.--The term ``route'' includes a 
                trail segment common 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) Requirements for revision.--
                  (A) In general.--The Secretary shall revise 
                the feasibility and suitability studies for 
                certain national trails for consideration of 
                possible additions to the trails.
                  (B) Study requirements and objectives.--The 
                study requirements and objectives specified in 
                subsection (b) shall apply to a study required 
                by this subsection.
                  (C) Completion and submission of study.--A 
                study listed in this subsection shall be 
                completed and submitted to the Congress not 
                later than three complete fiscal years from the 
                date funds are made available for the study.
          (3) Oregon national historic trail.--
                  (A) Study required.--The Secretary of the 
                Interior shall undertake a study of the routes 
                of the Oregon Trail listed in subparagraph (B) 
                and generally depicted on the map entitled 
                ``Western Emigrant Trails 1830/1870'' and dated 
                1991/1993, and of such other routes of the 
                Oregon Trail 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.
                  (B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the 
                following:
                          (i) Whitman Mission route.
                          (ii) Upper Columbia River.
                          (iii) Cowlitz River route.
                          (iv) Meek cutoff.
                          (v) Free Emigrant Road.
                          (vi) North Alternate Oregon Trail.
                          (vii) Goodale's cutoff.
                          (viii) North Side alternate route.
                          (ix) Cutoff to Barlow Road.
                          (x) Naches Pass Trail.
          (4) 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 other routes of the Pony Express Trail 
        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.
          (5) California national historic trail.--
                  (A) 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 subparagraph (B) 
                and generally depicted on the map entitled 
                ``Western Emigrant Trails 1830/1870'' and dated 
                1991/1993, and of such other 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.
                  (B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the 
                following:
                          (i) 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.
                          (ii) 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.
                          (iii) 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 
                                Aurburn.
          (6) Mormon pioneer national historic trail.--
                  (A) Study required.--The Secretary of the 
                Interior shall undertake a study of the routes 
                of the Mormon Pioneer Trail listed in 
                subparagraph (B) and generally depicted on the 
                map entitled ``Western Emigrant Trails 1830/
                1870'' and dated 1991/1993, and of such other 
                routes of the Mormon Pioneer Trail 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.
                  (B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the 
                following:
                          (i) 1846 Subsequent routes A and B 
                        (Lucas and Clarke Counties, Iowa).
                          (ii) 1856-57 Handcart route (Iowa 
                        City to Council Bluffs).
                          (iii) Keokuk route (Iowa).
                          (iv) 1847 Alternative Elkhorn and 
                        Loup River Crossings in Nebraska.
                          (v) Fort Leavenworth Road; Ox Bow 
                        route and alternates in Kansas and 
                        Missouri (Oregon and California Trail 
                        routes used by Mormon emigrants).
                          (vi) 1850 Golden Pass Road in Utah.
          (7) Shared california and oregon trail routes.--
                  (A) Study required.--The Secretary of the 
                Interior shall undertake a study of the shared 
                routes of the California Trail and Oregon Trail 
                listed in subparagraph (B) 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.
                  (B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the 
                following:
                          (i) St. Joe Road.
                          (ii) Council Bluffs Road.
                          (iii) Sublet cutoff.
                          (iv) Applegate route.
                          (v) Old Fort Kearny Road (Oxbow 
                        Trail).
                          (vi) Childs cutoff.
                          (vii) Raft River to Applegate.

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