[House Report 110-840]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-840

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



 
                    TRAIL OF TEARS DOCUMENTATION ACT

                                _______
                                

 September 11, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5335]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 5335) to amend the National Trails System Act to 
provide for the inclusion of new trail segments, land 
components, and campgrounds associated with the Trail of Tears 
National Historic Trail, and for other purposes, 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. SHORT TITLE.

  This Act may be cited as the ``Trail of Tears Documentation Act''.

SEC. 2. ADDITIONS TO TRAIL OF TEARS NATIONAL HISTORIC TRAIL.

  Section 5(a)(16) of the National Trails System Act (16 U.S.C. 
1244(a)(16)) is amended as follows:
          (1) By amending subparagraph (C) to read as follows:
                  ``(C) In addition to the areas otherwise designated 
                under this paragraph, the following routes and land 
                components by which the Cherokee Nation was removed to 
                Oklahoma are components of the Trail of Tears National 
                Historic Trail, as generally described in the 
                environmentally preferred alternative of the November 
                2007 Feasibility Study Amendment and Environmental 
                Assessment for Trail of Tears National Historic Trail:
                          ``(i) The Benge and Bell routes.
                          ``(ii) The land components of the designated 
                        water routes in Alabama, Arkansas, Oklahoma, 
                        and Tennessee.
                          ``(iii) The routes from the collection forts 
                        in Alabama, Georgia, North Carolina, and 
                        Tennessee to the emigration depots.
                          ``(iv) The related campgrounds located along 
                        the routes and land components described in 
                        clauses (i) through (iii).''.
          (2) In subparagraph (D)--
                  (A) by striking the first sentence; and
                  (B) by adding at the end the following: ``No lands or 
                interests in lands outside the exterior boundaries of 
                any federally administered area may be acquired by the 
                Federal Government for the Trail of Tears National 
                Historic Trail except with the consent of the owner 
                thereof.''.

                          Purpose of the Bill

    The purpose of H.R. 5335 is to amend the National Trails 
System Act to provide for the inclusion of new trail segments, 
land components, and campgrounds associated with the Trail of 
Tears National Historic Trail, and for other purposes.

                  Background and Need for Legislation

    H.R. 5335 implements the recommendations of a National Park 
Service study that examined adding several side trails 
associated with the Trail of Tears National Historic Trail.
    In 1838-1839, the U.S. government removed at gunpoint most 
Cherokee Indians from their ancestral homelands in the 
southeastern United States and resettled them in Indian 
Territory west of Arkansas. More than 15,000 people were 
systematically rounded up and held in detainment camps. They 
were then divided into detachments and forced to travel west. 
More than 1,000 people died on this journey from exposure, 
illness and exhaustion.
    In 1987, Congress designated the original 2,422-mile Trail 
of Tears National Historic Trail commemorating the two main 
routes used during the forced removal (P.L. 100-192). At that 
time, many of the side routes used during the removal were not 
well documented, including important round-up routes from the 
forts to which the Cherokee had originally been taken in North 
Carolina, Georgia, Tennessee and Alabama, as well as the unique 
routes taken by the detachments led by pro-treaty leader John 
Bell and Cherokee Captain John Benge.
    Subsequent research has identified those routes, and, in 
2006, Congress directed the National Park Service to determine 
if more routes of the Cherokee removal would be eligible to be 
added to the existing National Historic Trail (P.L. 109-378).
    The National Park Service study, delivered to Congress in 
March 2008, found a number of components eligible for 
designation, including the Bell and Benge routes, various 
round-up forts and camps, routes from the forts and camps to 
main emigration depots in Tennessee and Alabama, and additional 
water routes and related land routes, as well as the routes 
taken at the end of the trail as the Cherokee dispersed to 
their new settlements. H.R. 5335 adds those routes, totaling 
2,845 new miles, to the existing trail.

                            Committee Action

    H.R. 5335 was introduced on February 8, 2008, by 
Representative Zack Wamp (R-TN). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
July 15, 2008, the Subcommittee held a hearing on the 
legislation, during which a representative of the National Park 
Service testified that the Administration supports the bill 
with minor amendments.
    On July 23, 2008, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on National Parks, 
Forests and Public Lands was discharged from further 
consideration of H.R. 5335. An amendment in the nature of a 
substitute was offered by Subcommittee Chairman Grijalva (D-AZ) 
to add a short title, add a reference to the National Park 
Service study recommending the additional routes, and add 
property rights language consistent with the original Trail of 
Tears Act.
    Representative Lamborn (R-CO) then offered an amendment to 
the amendment in the nature of a substitute on behalf of 
Representative Sali (R-ID) to specify that all lands within the 
designated trail should be governed by relevant state and local 
laws regarding the possession or use of a weapon, including a 
concealed weapon. The amendment to the amendment in the nature 
of a substitute was not agreed to by a roll call vote of 8 yeas 
and 16 nays, as follows:



    The amendment in the nature of a substitute was then agreed 
to by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

            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 Natural 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. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to amend the 
National Trails System Act to provide for the inclusion of new 
trail segments, land components, and campgrounds associated 
with the Trail of Tears National Historic Trail, and for other 
purposes.
    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:

H.R. 5335--Trail of Tears Documentation Act

    H.R. 5335 would add new routes to the Trail of Tears 
National Historic Trail, which runs through several states 
across the country. Adding the proposed routes would expand the 
trail from about 2,400 miles to early 5,300 miles.
    Based on information provided by the National Park Service 
and assuming the availability of appropriated funds, CBO 
estimates that implementing the bill would cost about $300,000 
a year beginning in fiscal year 2009. This amount would be used 
by the agency to administer the new routes, including minor 
costs to revise maps and erect signs. Enacting the legislation 
would not affect revenues or direct spending.
    H.R. 5335 contain 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 Theresa Gullo, Deputy Assistant 
for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmarks Statement

    H.R. 5335 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                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 (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):

NATIONAL TRAILS SYSTEM ACT

           *       *       *       *       *       *       *



             NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS

  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:
        (1) * * *

           *       *       *       *       *       *       *

        (16)(A) * * *

           *       *       *       *       *       *       *

                  [(C) Not later than 6 months after the date 
                of the enactment of this Act, the Secretary of 
                the Interior shall complete the remaining 
                criteria and submit to Congress a study 
                regarding the feasibility and suitability of 
                designating, as additional components of the 
                Trail of Tears National Historic Trail, the 
                following routes and land components by which 
                the Cherokee Nation was removed to Oklahoma:
                          [(i) The Benge and Bell routes.
                          [(ii) The land components of the 
                        designated water routes in Alabama, 
                        Arkansas, Oklahoma, and Tennessee.
                          [(iii) The routes from the collection 
                        forts in Alabama, Georgia, North 
                        Carolina, and Tennessee to the 
                        emigration depots.
                          [(iv) The related campgrounds located 
                        along the routes and land components 
                        described in clauses (i) through 
                        (iii).]
                  (C) In addition to the areas otherwise 
                designated under this paragraph, the following 
                routes and land components by which the 
                Cherokee Nation was removed to Oklahoma are 
                components of the Trail of Tears National 
                Historic Trail, as generally described in the 
                environmentally preferred alternative of the 
                November 2007 Feasibility Study Amendment and 
                Environmental Assessment for Trail of Tears 
                National Historic Trail:
                          (i) The Benge and Bell routes.
                          (ii) The land components of the 
                        designated water routes in Alabama, 
                        Arkansas, Oklahoma, and Tennessee.
                          (iii) The routes from the collection 
                        forts in Alabama, Georgia, North 
                        Carolina, and Tennessee to the 
                        emigration depots.
                          (iv) The related campgrounds located 
                        along the routes and land components 
                        described in clauses (i) through (iii).
                  (D) [No additional funds are authorized to be 
                appropriated to carry out subparagraph (C).] 
                The Secretary may accept donations for the 
                Trail from private, nonprofit, or tribal 
                organizations. No lands or interests in lands 
                outside the exterior boundaries of any 
                federally administered area may be acquired by 
                the Federal Government for the Trail of Tears 
                National Historic Trail except with the consent 
                of the owner thereof.

           *       *       *       *       *       *       *


                                  
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