[Senate Report 110-95]
[From the U.S. Government Publishing Office]
Calendar No. 225
110th Congress Report
SENATE
1st Session 110-95
======================================================================
REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL
HISTORIC TRAILS
_______
June 26, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 580]
The Committee on the Energy and Natural Resources, to which
was referred the bill (S. 580), 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 without amendment, and
recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 580 is to amend the National Trails
System Act to authorize 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. 580 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 Pioneer 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 eighteen-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 as
components of the National Trails System in 1978 and the
California and Pony Express trails in 1992. 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 conflicts, save time, and even access additional sites.
S. 580 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 Pioneer, California, and Pony Express
trails overlap one another in many locations and several of the
routes and cutoffs proposed for study in S. 580 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. 580 was introduced by Senator Hatch on February 14,
2007. Senator Bennett was added as a cosponsor on March 22,
2007. During the 109th Congress, the Committee considered
similar legislation, S. 54, also sponsored by Senator Hatch.
The Committee ordered S. 54 to be favorably reported on
February 16, 2005 (S. Rept. 109-44), and the bill passed the
Senate by unanimous consent on July 26, 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. Hrg. 108-47). 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.
Similar legislation, H.R. 37, was sponsored by
Representative Bereuter in the 107th Congress and passed the
House on June 6, 2001, by a voice vote. Companion legislation,
S. 213, was introduced by Senator Hatch and others on January
30, 2001. The Subcommittee on National Parks held a hearing on
both bills on March 7, 2002 (S. Hrg. 107-522). 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
(S. Rept. 107-259). 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.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on May 23, 2007, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
580.
Summary of the Measure
S. 580 amends section 5 of the National Trails System Act
(16 U.S.C. 1244) to add a new subsection (g). The new
subsection directs the Secretary of the Interior to revise the
feasibility and suitability studies for the Oregon National
Historic Trail, the Pony Express National Historic Trail, the
California National Historic Trail and the Mormon Pioneer
National Historic Trail, along with shared routes between the
California and Oregon trails, for consideration of possible
additions to the trails. The studies are to be completed and
submitted to Congress not later than 3 fiscal years from the
date funds are made available for the study.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
May 30, 2007.
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. 580, 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 580--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. 580 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 $160,000 over the next three years
to conduct all of the required studies of trail segments
specified by the bill. Enacting the legislation would not
affect direct spending or revenues.
S. 580 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. 580. 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. 580, as ordered reported.
Executive Communications
The testimony provided by the National Park Service on S.
580 at the April 26, 2007 hearing on S. 580 follows:
Statement of Daniel N. Wenk, Deputy Director, 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. 580, a bill to amend
the National Trails System Act to update the feasibility and
suitability studies of the Oregon, Pony Express, California,
and Mormon Pioneer National Historic Trails (NHTs).
The Department supports S. 580, which is similar to
legislation the Department supported during the 108th Congress.
While the Department supports the authorization of these
studies, we also believe that any funding requested should be
directed first toward completing previously authorized studies.
S. 580 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 on those deemed appropriate for addition
to the trails.
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 System Act does not provide the authority to
evaluate and add additional routes and cutoffs without certain
legislative amendments.
The Oregon NHT, authorized in 1978, commemorates the
``primary route'' used by 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 significant historic traffic along many of 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 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. 580.
All four trails overlap one another in many locations and
several of the routes and cutoffs proposed for study in S. 580
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. 580 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. 580 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
updating these studies to be approximately $300,000.
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.
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. 580, 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--Oct. 2, 1968
(16 U.S.C. 1241 et seq.)
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Trails System
Act''.
* * * * * * *
SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS.
(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 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) Requirements for revision.--
(A) In general.--The Secretary of the
Interior 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.--
(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 and 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
Auburn.
(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 in 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) Sublette cutoff.
(iv) Applegate route.
(v) Old Fort Kearny Road (Oxbow
Trail).
(vi) Childs cutoff.
(vii) Raft River to Applegate.