[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.
* * * * * * *