[Senate Hearing 107-522]
[From the U.S. Government Publishing Office]
S. Hrg. 107-522
NATIONAL TRAILS BILLS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON NATIONAL PARKS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
on
S. 213 H.R. 37
S. 1069 H.R. 834
S. 1946 H.R. 1384
__________
MARCH 7, 2002
Printed for the use of the
Committee on Energy and Natural Resources
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WASHINGTON : 2002
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
DANIEL K. AKAKA, Hawaii FRANK H. MURKOWSKI, Alaska
BYRON L. DORGAN, North Dakota PETE V. DOMENICI, New Mexico
BOB GRAHAM, Florida DON NICKLES, Oklahoma
RON WYDEN, Oregon LARRY E. CRAIG, Idaho
TIM JOHNSON, South Dakota BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CRAIG THOMAS, Wyoming
EVAN BAYH, Indiana RICHARD C. SHELBY, Alabama
DIANNE FEINSTEIN, California CONRAD BURNS, Montana
CHARLES E. SCHUMER, New York JON KYL, Arizona
MARIA CANTWELL, Washington CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware GORDON SMITH, Oregon
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
Brian P. Malnak, Republican Staff Director
James P. Beirne, Republican Chief Counsel
------
Subcommittee on National Parks
DANIEL K. AKAKA, Hawaii, Chairman
BYRON L. DORGAN, North Dakota CRAIG THOMAS, Wyoming
BOB GRAHAM, Florida BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CONRAD BURNS, Montana
EVAN BAYH, Indiana GORDON SMITH, Oregon
CHARLES E. SCHUMER, New York CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware PETE V. DOMENICI, New Mexico
Jeff Bingaman and Frank H. Murkowski are Ex Officio Members of the
Subcommittee
David Brooks, Senior Counsel
Jim O'Toole, Professional Staff Member
C O N T E N T S
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STATEMENTS
Page
Akaka, Hon. Daniel K., U.S. Senator from Hawaii.................. 1
Begaye, Kelsey, President of the Navajo Nation, Window Rock, AZ.. 22
Bower, Dru, Vice President, Petroleum Association of Wyoming,
Casper, WY..................................................... 44
Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado........ 3
Domenici, Hon. Pete V., U.S. Senator from New Mexico............. 4
Hatch, Hon. Orrin, U.S. Senator from Utah........................ 7
Hearty, Patrick, National Trails Committee Chair, National Pony
Express Association, South Jordan, UT.......................... 34
Henry, Shane, Assistant for Lands and Energy, Colorado Department
of Natural Resources........................................... 25
Levin, Hon. Carl, U.S. Senator from Michigan..................... 9
Stevenson, Katherine, Associate Director, Cultural Resources
Stewardship and Partnerships, National Park Service............ 6
Thomas, Hon. Craig, U.S. Senator from Wyoming.................... 2
Watson, William C., Co-Chair, Trails Liaison Committee, Oregon/
California Trails Association, Orinda, CA...................... 26
Werner, Gary, Executive Director, Partnership for the National
Trails System, Madison, WI..................................... 38
APPENDIX
Additional material submitted for the record..................... 57
NATIONAL TRAILS BILLS
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THURSDAY, MARCH 7, 2002
U.S. Senate,
Subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, D.C.
The subcommittee met, pursuant to notice, at 2:57 p.m., in
room SD-366, Dirksen Senate Office Building, Hon. Daniel K.
Akaka presiding.
OPENING STATEMENT OF HON. DANIEL K. AKAKA,
U.S. SENATOR FROM HAWAII
Senator Akaka. The Subcommittee on National Parks is in
order. The purpose of this afternoon's hearing before the
Subcommittee on National Parks is to receive testimony on
several bills dealing with the National Trails System. The
bills that we will consider today include S. 213 and H.R. 37 to
amend the National Trails System Act, to update the feasibility
and suitability studies of four national historic trails, and
provide for possible additions to such trails; S. 1069 and H.R.
834, to amend the National Trail System Act to clarify Federal
authority relating to land acquisition from willing sellers,
for the majority of the trails in the system, and for other
purposes; S. 1946, to amend the National Trails System Act to
designate the Old Spanish Trail as a National Historic Trail,
and H.R. 1384, to amend the National Trails System Act to
authorize a study of the Long-Walk route in New Mexico and
Arizona to determine its suitability for inclusion in the
National Trails System.
During the last Congress, we were able to designate the
first National Historic Trail in Hawaii, called the Ala
Kahakai. I know from my own experience that designation of a
national trail can help draw attention to the historical facts
associated with the trail, as well as help educate the public
about the culture and people associated with the trail's
history. I know the proponents of the trails we will be hearing
about today have a similar feeling regarding their respective
trails.
For the most part, these bills are non-controversial, and I
hope that we can move them quickly through the committee and
the Senate this Congress. Two of the bills have passed the
House of Representatives with broad bipartisan support, and the
other two have the strong support of their congressional
delegations. I understand that there are some concerns with two
of these bills, and I look forward to working with those
Senators to see if we can address their concerns and move ahead
with this legislation.
I now ask for the statement from our ranking member,
Senator Thomas.
STATEMENT FROM HON. CRAIG THOMAS, U.S. SENATOR
FROM WYOMING
Senator Thomas. Thank you, Mr. Chairman. Thank you for
holding this hearing. Certainly, the trail subject is one of
importance to all of us. I have some concerns about a couple of
these proposals that are before us today, specifically with
respect to the willing buyer/willing seller amendment, which
basically fails to address the idea of how much acreage would
be involved, what would be the cost of the authorization, the
location, and the interest owned by the willing sellers, which
I think really ought to be known before we pass something of
this magnitude; but perhaps we can find a way to fix it.
I am a little reluctant, of course, to be concerned about
any of these. We have had great success stories with the
National Trail System in my State. Dru Bower, who is vice
president of the Wyoming Petroleum Association, is here today
to testify, and talk about some of the cooperative endeavors we
have had between trails and multiple users, and such.
However, we have had a few problems. For instance, we have
had a BLM proposition in Wyoming to protect the 5-mile buffer
zones on either side of the trail; and frankly, I was concerned
about that, and resisted it to some degree. Thankfully, that
has been rescinded this week, but the problem is it bounces
back from time to time, and it really makes it tough to do when
there are those kind of restrictions in place.
So in any event, we hope we can find a way to move forward
with these issues. We have quite a few trails in Wyoming, and I
think we have to be thoughtful about where we want to be when
this is all over in terms of the impact we have made on them. I
look forward to the testimony of the witnesses. Thank you.
[The prepared statement of Senator Thomas follows:]
Prepared Statement of Hon. Craig Thomas, U.S. Senator From Wyoming
Thank you Mr. Chairman for holding this hearing today, and I would
also like to welcome the Administration's representatives and the
witnesses to today's subcommittee hearing.
Mr. Chairman, it is not often that I take issue with legislative
proposals that are under consideration by this subcommittee. Our
process has allowed many controversial bills to proceed through the
full committee because of our bipartisan work together to forge
compromise and accommodation.
I do have some concerns with two sets of legislative proposals that
are under consideration today. The first, are the ``willing seller''
bills (S. 1069 and H.R. 834).
While some of the trails in question share some of the identical
routes and space that other nationally designated trails which have
provisions for ``willing sellers'', this proposal fails to address:
the acreage that may be involved;
the cost of the authorization;
the location of the lands and interests owned by the willing
sellers;
or any information on how many willing sellers we are
talking about.
Now I am fully aware that the subsequent trails to these eight,
reported and passed by this committee, lack the same information--I am
inclined to amend this bill in the committee markup to rectify what I
consider an oversight on more recently created trails, at least within
the boundaries of Wyoming.
I say this somewhat reluctantly. We have had some great success
stories with the National Trails System in my State. Dru Bower, Vice-
President of the Wyoming Petroleum Association is here with us today
and she is more than capable of explaining to the subcommittee some of
the cooperative endeavors and true success stories that the industry
and trail advocates have forged. Unfortunately, she can also describe
some of the difficulties she and her colleagues have encountered along
the trail routes.
Recently the Bureau of Land Management issued an ``instruction
memorandum'' which presented guidelines to protect trails, including
the equivalent of 5-mile buffer zones on either side of the historic
routes. I found it necessary to appeal for the return of common sense.
Thankfully, the memorandum was recended just this week. But, fear not--
there is still hope for those who advocate the five-mile buffer zones.
Other land management agencies are contemplating five mile do-not-touch
circles around any sage grouse habitant which just happens to be in the
same vicinity of the trails. There appears to be no final solution to
these issues.
I might remind the Administration, the government owns a sufficient
amount of land in my State. In fact, nation-wide, we really have no
idea how much land is managed and controlled by government, if you
include the State, county and cities along with the 8,506 other
government management entities such as port authorities, fair grounds,
etc. I imagine it would be a phenomenal statistic.
On a more positive note, the historic trails across Wyoming fill
pages of our country's history and should be celebrated, designated,
and saved for us, our children and their children's children. But, no
where in the underlying Act does it direct anyone to save every single
inch or mile.
If there is a willing seller in Wyoming and he or she is prevented
from assigning, or selling a right-away, or major historic trail site
to the managing trail entity--if I am made aware of the cost, the
amount of acreage, and the rational for such an acquisition I will be
more than glad to introduce legislation and do everything that I can to
make sure the bill is enacted into law. On the other hand, I will draw
the line across the trail, before I advocate a proposal to provide this
or any other Administration unlimited land acquisition authority.
Finally, both the Senate and House bills contain a quote,
``conforming amendment'', unquote, which simply eliminates the
provision which limits the number of federally funded visitor centers
that may be built within a State. I see no reason to remove this
limitation.
Mr. Chairman, my good friends and colleagues, Senator Hatch and
Senator Bennett, have introduced legislation which would update the
feasibility and suitability studies of four national historic trails.
After reviewing the National Park Service maps, I am not excited about
this legislative proposal either.
According to the map, the NPS would study potential trail additions
in the only area of Wyoming that currently is free and clear of
designated trails. With some work and a great deal of care and
attention I may be persuaded to work on a compromise.
Mr. Chairman, thank you for your patience and indulgence, I
appreciate your attention to my concerns.
Senator Akaka. Thank you very much, Senator Thomas.
Senator Campbell.
STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL,
U.S. SENATOR FROM COLORADO
Senator Campbell. Thank you, Mr. Chairman.
I am happy to be here. I am a big supporter of the trail
system, and I would like to speak for a minute or two about one
that is of particular importance to me this year, and that is
the Old Spanish Trail.
I think the first time I really got involved with this
trail is when I was chairing the subcommittee about 7 years
ago, Mr. Chairman. In 1995, I requested a feasibility study to
determine whether the trail should be included, and its
significance to the Nation. What so many others and I had
already suspected was concluded in a recently published final
study: that this trail does meet the criteria for a National
Historic Trail, and that it is both feasible and desirable to
designate it as such, and I say that in quotations.
I would also like to welcome my fellow Coloradan, Shane
Henry, who is here to testify on the importance of this bill.
Mr. Henry has worked on the Old Spanish Trail for a good number
of years, and is active with the Old Spanish Trail Association
of Colorado, which is one of the most active in the country in
getting this trail designated as a National historic trail, and
I look forward to his testimony.
Many of us in the West have known about this trail for
years. Certainly my friend, colleague, and neighbor, Senator
Domenici, has and has also worked on this issue. We have heard
stories of the men and the women of all ethnic backgrounds who
used the trail as a commercial and migratory route through the
West. This designation of the Old Spanish Trail ensures that
the entire Nation can appreciate the rich history that the
trail represents.
The Old Spanish Trail was the most heavily used before the
expansion of the railroads that brought so many people to the
West. The trail was initially developed by Native Americans and
Hispanics in the region, but was soon used by explorers,
trappers, prospectors, immigrants, and a number of other
people. The Trail was even used by the Mormons in 1847 as a
wagon route while traveling between Salt Lake City and Los
Angeles.
As I mentioned, the Old Colorado Old Spanish Trail
Association has worked diligently on the promotion of this
trail for several years. Their knowledge on the Trail and its
history can't be rivaled, and certainly exceeds mine. But in
preparing for this hearing, I did ask them to submit their
testimony, and I now ask them, Mr. Chairman, if we can include
that as part of the record, so that their work can be
recognized.
Senator Akaka. It will be included in the record.
Senator Campbell. I also understand that the Association of
the National Parks Service has suggested some technical
amendments to the bill, and as we move forward in the
legislative process, and as a member of this committee, I am
certainly happy to consider these changes. And I also
understand that the Department of Interior recognizes that the
Trail should be officially recognized, but due to fiscal
concerns, the Department requests no designation at this time.
I have to tell you, I have waited seven years for this, as
many of us have. And I happen to think it is the time. And I do
not think that simply making the designation is going to incur
any substantial cost in doing so. The people of my State, and,
indeed, the country, have waited long enough. The Old Spanish
Trail stands as a benchmark of the Old West. The Trail's
designation will add to the scholarship and appreciation of
that critical developmental time in the history of our great
nation. Thank you for the time, Mr. Chairman.
Senator Akaka. Thank you very much, Senator Campbell.
Senator Domenici.
STATEMENT OF HON. PETE V. DOMENICI, U.S. SENATOR
FROM NEW MEXICO
Senator Domenici. Mr. Chairman, thank you very much for
holding this hearing. I want to especially welcome the
president of the Navajo Nation, President Begaye; he is in the
back. Would he come up and sit a little closer to us, perhaps
pull a chair up there at that table? This is the president of
the Navajo Nation and he comes here to testify. I wanted to
welcome him to the Senate.
Today, this subcommittee has before it two pieces of
legislation that are of particular significance to our State.
The first is the Long Walk National Historic Trail Study Act,
which was passed by the House, and the second is the Old
Spanish Trail National Historic Trail Act, which I co-
sponsored. Let me take a moment and discuss the significance of
each of these. In the late 1800's, Colonel Kit Carson led an
army raid on the Mescalero Apache and Navajo Tribes in New
Mexico, and over 400 Apaches and 7,000 Navajo Indians were
forced to march over 350 miles to Bosque Redondo during the
winter of 1864. This has come to be known as ``The Long Walk.''
This forced relocation effort failed, and after nearly 3 years,
the Mescalero and Apaches were allowed to go back to their
homeland. And in 1868, the army finally admitted the failure of
the Bosque Redondo and the Navajo people negotiated a treaty
with the Government, acknowledging their sovereignty over their
beloved homelands.
A century later in 1968, a portion of Fort Sumner, and the
Bosque Redondo reservation, were declared a New Mexico State
monument. The present route tells a significant story, and I
firmly believe we should study and consider it for potential
addition to the National Trails System. Of equal importance to
New Mexico is S. 1946, the Old Spanish National Historic Trails
Act. Last year, I introduced that bill. There is a history to
what happened to it last year, and I have remarks that are
already in the record from other Senators, so I will not
repeat. But I will ask you to make my remarks a part of the
record at this point.
Senator Akaka. Without objection, they will be made a part
of the record.
Senator Domenici. I thank you very much, Mr. Chairman.
[The prepared statement of Senator Domenici follows:]
Prepared Statement of Hon. Pete V. Domenici, U.S. Senator
From New Mexico
Mr. Chairman, thank you for holding this important hearing today
and I especially want to welcome President Begaye of the Navajo Nation.
Today, this subcommittee has before it two pieces of legislation
that are of particular significance to New Mexico. The first is the
Long Walk National Historic Trails Study Act, which was passed by the
House and the second is the Old Spanish Trail National Historic Trail
Act, which I have co-sponsored.
Let me take a moment and discuss the significance of each of these
to New Mexico. In the late 1800's, Colonel Kit Carson led an army raid
on the Mescalero Apache and Navajo Tribes in New Mexico. Over 400
Apaches and over 7,000 Navajos were forced to march over 350 miles to
Bosque Redondo during the winter of 1864. This has come to be known as
the ``Long Walk''.
This forced relocation effort failed and after nearly three years,
the Mescalero Apache were allowed to go back to their homeland. In
1868, the army finally admitted the failure of the Bosque Redondo, and
the Navajo negotiated a treaty with the government acknowledging their
sovereignty over their beloved homelands.
A century later, in 1968, a portion of the Fort Sumner and the
Bosque Redondo Reservation was declared a New Mexico State Monument.
Mr. President, this route tells a significant story and I firmly
believe we should study and consider it for potential addition to the
National Trails System.
Of equal importance to New Mexico is S. 1946, the Old Spanish
National Historic Trail Act. Last year, I introduced a bill that would
have designated the Old Spanish Trail as a National Historic Trail.
When I introduced that bill, we were waiting for the Administration to
complete its work on a final study. Before the study was completed,
Senator Campbell wrote a personal note to me asking that I work with
him on a new bill incorporating the new study. We introduced that bill
on February 14 and I want to commend you for holding such a prompt
hearing on our legislation.
As with my original bill, this legislation will amend the National
Trails System Act and designate the Old Spanish Trail; which originates
in Santa Fe, New Mexico and continues to Los Angeles, California as a
National Historic Trail.
It has been 150 years since the first settlers embarked on their
western journeys via the Old Spanish Trail. Citizens who settled in the
West came from all walks of life and have deep rooted cultural and
historic ties to land throughout the west. Since 1829, The Old Spanish
Trail has served many, from trade caravans to military expeditions. For
twenty plus years the Old Spanish Trail was used as a main route of
travel between New Mexico and California. Further, it is a symbol of
the commercial exchange that made development and growth popular, not
only in the West, but throughout the country.
This trail is of great significance today because of the role it
played in the movement of civilization westward. Designating this trail
as part of the National Trails System will preserve this treasure for
our future. I am happy to have co-sponsored this piece of legislation
that will preserve the route of the trail and I urge this committee to
act on the bill expeditiously.
Senator Akaka. Thank you very much, Senator Domenici.
May I call from the administration, Katherine Stevenson,
Associate Director, Cultural Resources Stewardship and
Partnerships, National Park Service, Department of the
Interior. Would you come forward?
STATEMENT OF KATHERINE STEVENSON, ASSOCIATE DIRECTOR, CULTURAL
RESOURCES STEWARDSHIP AND PARTNERSHIPS, NATIONAL PARK SERVICE
Ms. Stevenson. Thank you, Mr. Chairman.
Senator Akaka. Thank you. You may proceed with your
statement.
Ms. Stevenson. Thank you very much. Thank you for the
opportunity to present the views of the Department of the
Interior on S. 213, S. 1069, H.R. 1384, and S. 1946. With your
permission, I would like to submit my statement for the record,
and summarize my remarks.
Senator Akaka. Without objection, it will be submitted.
Ms. Stevenson. Thank you. S. 213 would amend the National
Trail System Act to update the feasibility and suitability
studies of the Oregon, California, Pony Express, and Mormon
Pioneer National Historic Trails. If authorized, Interior would
examine additional routes and cutoffs not included in the
initial studies of all four trails.
At the conclusion of the study, the Secretary would
determine if any of these routes and cutoffs are eligible as
additions to the National Historic Trail system. Further,
legislation would authorize the Secretary to authorize any
routes and cutoffs found eligible.
The Department supports the proposed legislation but has
not requested funding for this work in 2003. Instead, we
believe that any funding requested should be directed at
completing previously authorized studies. Would you like me to
stop here?
Senator Akaka. Thank you. Would you hold up for a few
minutes? Now, I would like to call our two good friends,
Senators Hatch and Levin, who have arrived for their statements
to the subcommittee.
Senator Hatch.
STATEMENT OF HON. ORRIN HATCH, U.S. SENATOR
FROM UTAH
Senator Hatch. Well, thank you, Senator Akaka.
I appreciate your courtesy to us. Mr. Chairman and members
of the committee, thank you for holding this hearing on S. 213.
This bill would allow the National Parks Service to update the
Pony Express, the Oregon, the California, and the Mormon
National Historic Trails to include variant routes taken by the
early pioneers of the West.
When the National Trail System Act established the Oregon
and Mormon Trails in 1978, they defined these trails as, quote,
``point-to-point,'' meaning that a single departure point had
to be chosen, as well as a single destination. The Act allowed
few variations from the line that was drawn between these two
places. That needs to be changed.
The Mormon Trail was defined as the route taken by Brigham
Young in 1846 through Iowa to the Salt Lake Valley. The Oregon
Trail was defined as the route taken by settlers from
Independence, Missouri, to Oregon City, from 1841 to 1848.
Unfortunately, we have come to recognize that this rigid
definition precludes designation of some very important
historical sites.
In 1992, Congress passed an amendment to the California and
Pony Express National Historic Trails, which broadened the
statute to include the possibility of trail variants, but only
for the California trail. This latitude ought to be extended to
other trails, as recognized in S. 213.
These trails are the highways of our history, Mr. Chairman.
They are central to the great story of the West, but
unfortunately, because of the confining, quote, ``point-to-
point'' wording now found in the Trail's Act, many crucial
parts of the story are not being told. Not every pioneer
embarked on his journey from Omaha or from Independence, and
not every great or tragic event took place along the main
routes.
To the contrary, tens of thousands of settlers set out from
other places; and many of the memorable, if not most important
events occurred along historical side roads and alternative
routes and alternate routes that were chosen because of
inclement weather, lack of water, and conflicts with Native
American tribes at that time, among other reasons. Now, Mr.
Chairman, I would like to talk briefly about the Martin and
Wooly Hancock companies, which consisted of pioneer families
destined for Utah. Both companies departed from Iowa City in
1856; however, because of larger than expected group sizes and
a shortage of handcarts and tents, they left later in the year
than was usual.
At first they made excellent time, but delays along the
route turned their trek into a race against the coming winter.
These two companies were about 100 miles apart, but both
experienced similar delays which led to food shortages and to
their being caught in freezing, inclement weather.
Winter that year came a month early, and by the time they
reached Wyoming, both companies were brought to a halt by sub-
zero temperatures and snow up to 18 inches deep; they were
trapped. What little food they had disappeared.
Mr. Joseph Simmons, one of these pioneers, described the
dire situation in a letter to a friend. He wrote, ``One old
lady lay dead within 20 feet of me, babies crying, some
singing, some praying. Almost every day angry storms arise,
very threatening, and judging from their appearance, one would
think that we should be unable to withstand the tempest. The
suffering from the camp from frozen feet and various other
causes, I will not attempt to describe. Suffice to say bad,
bad, bad.''
In Salt Lake City, on the eve of the Mormon General
Conference, Brigham Young received word of the possible plight
of these immigrants. The next morning from the pulpit, he
called immediately for a mighty rescue effort. He informed the
congregation that a hot baked potato was something more
important than all the prayers in the world. That day began one
of the most massive rescue efforts in the history of the
American West.
Despite their efforts, more than 200 people, or one-sixth
of the companies, died, and dozens more were maimed from frost
bite. One of the rescuers, Mr. George Grant, wrote the
following. ``Imagine 500, 600 men, women, and children worn
down by drawing handcarts through snow and mud, fainting by the
wayside, falling, chilled by the cold, children crying, their
limbs stiffened by the cold, their feet bleeding, and some of
them bare to snow and frost. The sight is almost too much for
the stoutest of us, but we go on doing all we can, not doubting
or despairing.''
This, and many other experiences and general accounts,
document the heartbreaking experiences of the two companies and
their rescuers. Unfortunately, the location of these events is
not now included on the Mormon Pioneer Trail. It would be
tragic, Mr. Chairman, to allow this story and others like it to
slip through the cracks because of the strict interpretation of
the National Trails System Act.
Since the original passage of the Trails Act, the Parks
Service has conducted endless hours of research and now has a
more accurate picture of the story of our Western pioneers.
There has been a great deal of support shown by State and local
communities who want to broaden the act to include this new
knowledge; however, the Parks Service has determined that
legislation is required to do this.
I understand that Dru Bower, with the Petroleum Association
of Wyoming, will testify later regarding her concerns with how
the designation of historic trials might impact this industry.
I would like to state for the record that I share her concerns,
and we will work together to resolve them.
My legislation is an attempt to capture important parts of
our history in the West. It is not intended in any way to
impact private lands or the development of our natural
resources on public lands.
Mr. Chairman, I thank you and the members of this committee
for holding this important hearing today. I urge you to allow
this legislation to be marked up in the near future.
I would like to acknowledge Mr. Patrick Hearty, who is the
National Trails Chair for the National Pony Express
Association, who is here today. We are grateful to have him
here today and I hope that you can help us on this, because it
would really, I think, solve some problems for those of us who
love the history of the West, those of us who would like to
love the history of the West and understand it even further,
and as a memorialization of all those who suffered so much, and
who helped to build this country the way they did. Thank you.
Senator Akaka. Thank you, Senator Hatch, for your statement
and a bit of history.
Senator Hatch. Well, thank you.
Senator Akaka. Thank you very much.
Senator Hatch. If you will forgive me, I think I will get
out of your hair then, unless you have any questions.
Senator Akaka. Senator Levin.
STATEMENT OF HON. CARL LEVIN, U.S. SENATOR
FROM MICHIGAN
Senator Levin. Thank you, Mr. Chairman, Senator Thomas.
Thank you for holding this hearing today.
I am here to speak on behalf of legislation which would
allow the Federal Government to purchase easements, basically,
along our trails from willing sellers. Our national trails act
is inconsistent in this regard. Many of our trails have the
willing seller provision in it, but some of our trails, our
scenic and historic trails, do not have the authority to
purchase from willing sellers.
There is no logic to it, particularly, but that is the way
it is. And unless we adopt a law which permits the Federal
Government to purchase the land and the easements from willing
sellers, we are going to find impediments that exist in some of
our trails which do not exist in other of our trails.
We have nine scenic and historic trails which do not have
that opportunity for, again I emphasize, willing sellers to
sell easements and property to the Federal Government, that is
trying to put together these trails.
I am here particularly, because of my interest in the North
Country Trail. It is a 4,600-mile trail that crosses seven
States; it's about half in. There are places where it would be
desirable to acquire an easement from a willing seller, or to
purchase, for instance, a historic property that might be in
jeopardy from a willing seller, such as the type that Senator
Hatch just described. But I want to just emphasize two points.
This trail covers seven States. It is important, I think,
to the people of the Nation, not just to these seven States,
that we have this trail. It would be the longest--I believe the
longest trail in the country when it is completed. It will not
be finished in our lifetime and it will not be finished
probably in our children's lifetime. Some day, though, there
will be a 4,600-mile trail covering these States where people
can walk, or hike, or bike.
I cannot see any reason, any philosophical reason why we
should not allow a willing seller to sell an easement to the
Federal Government. I can understand the argument against
imminent domain, but where we have a trail which has been
adopted, in law, that crosses seven States, where a willing
seller is willing to sell an easement, for instance, to the
Federal Government so that the trail would be safer, I do not
see any reason why we should not permit that seller to sell
that easement.
In a sense, this is not just a trail's bill that we are
proposing here, which will allow us to complete the 4,600-mile
trail more readily that is, again, about half in; this is kind
of a property rights bill. Under current law, half our trails
do not permit a willing seller to sell his easement or his land
to the Federal Government. They say, ``Sorry, you are willing
to sell.''
We are not talking eminent domain; I emphasize that. You
are willing to sell your easement or whatever to the Federal
Government; it needs it to complete the trail. Half our trails
have that authority, half do not; totally illogically, to
differentiate, but that is the way the current law is. And
unless we correct the law and unless this committee reports a
bill out, or we can otherwise legislate in this area, we have
this unusual circumstance where we have these scenic and
historic trails on the one hand, including the North Country
Trail, where the Federal Government cannot buy from a willing
seller, and then we have all of our other trails, where the
Federal Government can buy from a willing seller.
So I would hope that that anomaly would be corrected by
this committee, that we would permit all of our trails to have
the power not to condemn, but to acquire from a willing seller.
It is that simple, I hope. Maybe I have oversimplified it, but
I think it is that simple a picture.
Senator Akaka. Thank you very much.
Senator Levin. Thank you all.
At this time, we would like to have Katherine Stevenson
back at the table, and please continue with your statement.
Ms. Stevenson. Thank you, Mr. Chairman. I would like to
move on to S. 1069 and H.R. 834, which would clarify Federal
authority relating to land acquisition from willing sellers for
the majority of trails in the National Trail System. The
Department supports enactment, with technical amendments. The
core authorities in the Trail System Act direct how to
establish nationally significant trails. In 1968, when the act
was passed, the trails designated did not foresee any need for
their Federal partners to acquire land. This was also true for
trails designated in the period of 1978 to 1983, as amendments
to the act; therefore, none of the nine trails has the
authority to use Federal funds for any land outside Federal
boundaries.
Since 1983, the pattern has been somewhat different. The
supporters and the sponsors have agreed on willing seller
authority that provides authority for the Federal Government to
acquire important trail lands, if the owner consents. We agreed
that this authority would provide much needed protection for
high potential trail segments.
H.R. 1384, the Long Walk Trail Study bill, proposes to
amend the National Trail System Act to designate for study the
route in Arizona and New Mexico, which the Navajo and Mescalero
Apache tribes were forced to walk in 1863 and 1864. The
Department supports the bill but has not requested funding for
2003, as I explained earlier.
There are projects underway to commemorate various aspects
of this history. No. 1, plans are underway for a memorial and
visitor center at Fort Sumner State Monument, and matching
funding is authorized for this purpose from the Department of
Defense.
No. 2, the National Parks Service is authorized to work
with the Navajo and Mescalero Apache tribes to develop a
symposium and curriculum for New Mexico schools. The study must
identify options for commemoration, protection, and
interpretation in close collaboration with the tribes, the
State, and other interested parties.
Finally, S. 1946 proposes to designate the Old Spanish
Trail as a national historic trail. The Department thanks
Senator Campbell for his continued support and interest in
support of the Old Spanish Trail. The administration
recommends, however, that the Congress defer action on
designating any new areas until more progress has been made in
addressing the maintenance backlog and on existing National
Parks Service areas. The National Parks Service has completed
the feasibility and suitability study for this trail, and has
transmitted it to Congress, as Senator Campbell mentioned, in
the early part of February 2002.
This concludes my testimony. I would be happy to answer any
questions you might have.
Senator Akaka. Thank you very much.
[The prepared statements of Ms. Stevenson follow
Prepared Statements of Katherine Stevenson, Associate Director,
Cultural Resources Stewardship and Partnerships, National Park Service
on S. 1946, S. 213 and H.R. 37, S. 1069 and H.R. 834, H.R. 1384
S. 1946
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. 1946, a bill to amend the National Trails System
Act to designate the Old Spanish Trail as a National Historic Trail.
The Department thanks Senator Campbell for his continued interest
and support of the Old Spanish Trail. However, we recommend that the
committee defer action on S. 1946 during the remainder of the 107th
Congress. To meet the Administration's Initiative to eliminate the
deferred maintenance backlog, we need to continue to focus our
resources on caring for existing areas in the National Park System.
Administrative costs for this trail are estimated to initially be
$100,000 to $200,000 yearly increasing up to $750,000 or more each year
once the trail is fully operational. Land acquisition costs are
difficult to estimate since acquisition is subject to willing sellers
and local cost comparables but typically in trails of this type little
if any land is acquired. At such time as this legislation moves
forward, we suggest that the bill be amended as outlined in this
testimony.
The National Park Service was authorized to study the Old Spanish
Trail by Public Law 104-333, Section 402. The final study concluded
that the trail met all national historic trail criteria as defined by
the study provisions of the National Trails System Act (P.L. 90-543).
The study was presented to the National Park System Advisory Board and
the board concurred with the findings.
The draft study released in July, 2000 included a finding that
there was insufficient historical information to recommend designation
as a national historic trail. During the comment period, the National
Park Service continued to research trail history and consult with
historians in the United States and Mexico. The designation
determination was made based upon the theme of the ``Changing Role of
the United States in the World Community'' with specific emphasis on
the topic of commerce during the period 1829 to 1848, and the impacts
of legal and illegal trade upon the American Indian nations along the
trail.
S. 1946 would add the Old Spanish Trail as a national historic
trail component of the National Trails System. It would designate the
primary route of the trail, the Armijo Route and the North Branch,
along with some shorter variations of these routes, totaling
approximately 3,500 miles. The trail begins in Santa Fe, New Mexico,
and runs through the states of Colorado, Utah, Arizona, and Nevada,
before ending in Los Angeles, California.
The bill states that the trail would be administered by the
Secretary of the Interior, through the National Park Service. As
provided for in the National Trails System Act, on non-Federal lands,
the trail would be established only when landowners voluntarily request
certification of their sites and segments. No land or interest in land
outside the exterior boundaries of any federally administered area may
be acquired by the United States for the trail, except with the consent
of the owner of the land.
The Old Spanish Trail was the first viable overland trade route
between Santa Fe, New Mexico and Los Angeles, California, the two most
important provincial capitals in the Southwest in the early nineteenth
century. New Mexican trader Antonio Armijo blazed the trail in 1829,
when he led a caravan laden with New Mexico's woolen goods to Los
Angeles to trade for horses and mules that were abundant on the ranches
of southern California.
News of Armijo's feat encouraged other traders to attempt the
dangerous overland route. In 1830, two American traders blazed a more
northerly route that followed river valleys through Colorado and Utah
before reuniting with Armijo's route in Nevada. Over the next two
decades, annual mule caravans carried goods from New Mexico to
California over these variants of the Old Spanish Trail. The caravans
returned with massive herds of horses and mules that were traded in
Santa Fe for Mexican silver, that traders brought up the Camino Real,
or American manufactured goods brought across the plains on the Santa
Fe Trail. After the United States won control of the Southwest from
Mexico, traders and emigrants found other, more accommodating, routes
to California. By 1849, use of the Old Spanish Trail faded.
Partnerships are essential for the preservation and interpretation
of Old Spanish Trail resources, from trail remnants to archeological
sites. With continued and ever-increasing public interest to help
commemorate the trail, opportunities for partnerships are very
promising. Organizations, such as the Old Spanish Trail Association,
expressed their eagerness to help with the trail during the study
process. Long-term success of the trail would depend on continued
involvement from partners, landowners, other organizations, and
individuals, as well as the States of New Mexico, Colorado, Arizona,
Utah, Nevada, and California.
In the future if the bill moves forward, we would recommend that S.
1946 be amended by changing ``map'' to ``maps'' on page 2, line 8 and
``A map'' to ``The maps'' on page 2 line 11. A total of nine maps are
used in the Old Spanish Trail National Historic Trail Feasibility Study
and Environmental Assessment to describe the location of the trail.
Also, although the National Park Service completed the feasibility
and suitability study, and would be pleased to administer the trail,
there are many agencies involved in administering the lands that the
trail passes through. For example, the Bureau of Land Management
manages over 800 miles of the trail as it passes through Colorado,
Utah, New Mexico, Arizona, and Nevada. We would suggest amending
paragraph (C) to state that the trail will be administered by the
Secretary of the Interior by striking ``acting through the Director of
the National Park Service''. This will make the bill consistent with
the National Trails System Act which specifies that the Secretary
designate the agency to administer a trail.
We appreciate the subcommittee's interest in this legislation.
S. 213 AND H.R. 37
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 213 and H.R. 37, bills that
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).
Both S. 213 and H.R. 37 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. Further, both bills would authorize
the Secretary to make authorization of any of these additional routes
and cutoffs if she found them eligible.
The Department supports both bills. However, the Department did not
request additional funding for updating these studies in Fiscal Year
2003. We believe that any funding requested should be directed towards
completing previously authorized studies. Presently, there are 40
studies pending, of which we hope to transmit 15 to Congress by the end
of 2002. New studies can eventually result in new designations, and we
believe that it is important to focus our resources on working down the
deferred maintenance backlog at existing parks. Of the studies underway
during the ten-year period between 1989 and 1998, NPS has transmitted
79 studies to Congress. These 79 studies resulted in 15 new NPS units,
14 heritage areas, and 10 other types of designations or programs. To
plan for the future of our National Parks, the Administration will
identify in each study the costs to establish, operate, and maintain
the site should it result in a future designation.
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, and may
qualify as parts of these trails. The National Trails System Act makes
no provision by which such additional routes and cutoffs may be
evaluated and added to national historic trails.
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. Similarly
with the other trails, these routes are more often than not coincident
or shared with one another. Preliminary data indicate traffic along
those routes during the historic period and there are additional routes
to be studied for these two trails.
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,
set up 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, maybe worthy of study and is
included in both S. 213 and H.R. 37.
All four trails overlap one another in many locations and several
of the routes and cutoffs proposed for study in S. 213 and H.R. 37 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. 213 and H.R. 37 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. 213 and
H.R. 37 would authorize the Department of the Interior to work closely
with federal agencies, state, local and tribal governments, local
landowners and other interested parties.
Historic trails cross public and private lands and the intent of
the National Trails System Act is one of respecting private property
rights. In so doing, 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.
S. 1069 AND H.R. 834
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department's
views on S. 1069 and H.R. 834, identical bills, both of which would
amend the National Trails System Act to clarify federal authority
relating to land acquisition from willing sellers for the majority of
the trails in the System.
The Department supports S. 1069 and H.R. 834 with four technical
amendments to the National Trails System Act included at the end of
this testimony. These bills would amend the National Trails System Act
to make the act's land protection authorities more uniform. It would be
impossible to estimate funding requirements at this time, as the number
of willing sellers is unknown and the cost of the land segments for
each trail would vary due to geographic location. The Administration
will identify the costs to acquire and maintain the land segments to
each trail on a case-by-case basis.
The National Trails System Act was developed by Congress
principally to offer Federal assistance and support for protecting the
land base of the Appalachian National Scenic Trail. When the act was
passed in 1968, both the previously existing Appalachian and Pacific
Crest National Scenic Trails were established as the two initial
components of the National Trails System and 14 more trails were
proposed for study as potential additions to the National Trail System.
The core authorities of the act addressed how to establish nationally
significant trails.
Supporters of some of the subsequent trails, such as the North
Country National Scenic Trail, did not feel that their Federal partners
would need acquisition authority to complete their proposed trails. In
addition, national historic trails being proposed at that time were
seen as primarily commemorative with no need for acquisition authority.
As a result, amendments were added to the National Trails System Act
between 1978 and 1983 to ban the use of Federal funds for any trail
corridor outside Federal boundaries for nine of the next trails
established. This meant that none of these trails, including both
scenic and historic trails, could complete trail authorizations.
Since 1983, most of the trails established under the National
Trails System Act have had language similar to the following clause:
``No lands or interests therein outside the exterior boundaries of any
federally administered area may be acquired by the United States for
the Pony Express National Historic Trail except with the consent of the
owner thereof.'' This ``willing seller authority'' provides a workable
middle ground between the full land acquisition authority used to
protect the Appalachian and Pacific Crest National Scenic Trails and
the complete ban on acquiring lands for the next nine trails added to
the system.
S. 1069 and H.R. 834 would create consistent land protection
powers, to the degree possible, for most of the component trails of the
National Trails System. These bills are supported by a broad coalition
of trail organizations across America.
From its beginning, the National Trails System was premised on the
establishment, operation, and maintenance of national trails as a
collaborative partnership effort. For land protection, specifically,
state governments and nonprofit partners are encouraged to protect what
they can of the national trails, with the Federal government embarking
on land acquisition only as a last resort. Many states assume national
trail protection to be considered a Federal effort. Further, trail
nonprofit partners have been encouraged to develop land trusts to
acquire critical lands, but there has been limited success.
For example, in Wisconsin, an arrangement was set up for the Ice
Age National Scenic Trail under which the State of Wisconsin took the
lead in acquiring trail lands, with support from the Ice Age Park and
Trail Foundation and coordination by the National Park Service.
However, this process has been cumbersome and slow while land values
have escalated quickly near urban areas. Along historic trails, the
major means of protecting the trail corridor has been through a
voluntary certification process. These five-year renewable agreements
between the Federal trail agency and the landowner have enabled trail
sites and segments to remain in private ownership and use with some
degree of public access. Such arrangements tend to be short term in
nature and offer no long-term protection for significant sites.
No national trails other than the Appalachian and Pacific Crest
National Scenic Trails have land protection plans or pre-acquisition
services (surveys, tract maps, inventories, priority lists) because the
prohibition on using funds to acquire lands also meant that funds could
not be expended for these activities. This has meant that when
landowners wished to donate lands for these trails to the Federal
government, such transactions could not occur.
There is not a statistical inventory of trail sites and properties
that have not been protected because of the lack of Federal funds for
land protection. However, there are instances where lack of funding has
meant that properties were sold to those uninterested in the trail,
causing relocations, threatening the integrity and continuity of the
trail, and in the instance of historic trails, threatening the loss of
irreplaceable resources. Without the ownership mapping and other pre-
acquisition information in hand, Federal agencies and nonprofit
partners have been unable to accept donations of lands and easements.
If S. 1069 or H.R. 834 is passed, there will be at least five
significant benefits for nearby residents and visitors to national
trail corridors:
1. More uniform resource protection and protection authorities
among all the national trails.
2. A more complete ``tool kit'' for Federal agencies and partners
to help protect, as Congress intended, the significant cultural
resources and natural areas associated with America's national trails.
3. Full market value available to landowners who wish to sell lands
for inclusion in national trails if neither state agencies nor
nonprofit partners are able to acquire the land.
4. Increased likelihood of moving dangerous on-road sections of
national trails to safer, more appropriate off-road locations.
5. Increased protection for historically significant sites and
segments of national trails.
The National Park Service has found that administering trails with
the current limitations on types of land protection and with limited
means to negotiate directly with landowners has meant that many of
these trails are little more than ``paper trails.'' If the National
Trails System is to operate as a system, certain authorities within the
act should be applied with consistency. The two national trail
designations established in 1968 and all of the trails established
since 1983 have had authority to spend Federal funds on lands with the
consent of the owner. S. 1069 and H.R. 834 strive to apply that same
principle to the trails established between 1978 and 1983.
The existing funding mechanisms for trail corridor protection of
national trails are not enough to ensure that the trails will ever be
completed or fully operational. Passage of willing seller authority
will help establish parity among the trails and enable Federal trail
administrators to use all the available authorities to complete the
trails and trail corridors as they were originally designated.
We recommend four technical amendments to the National Trails
System Act, which correct a few spelling and other grammatical errors.
These amendments are attached to this testimony.
TECHNICAL AMENDMENTS TO H.R. 834 AND/OR S. 1069
On page 7, after line 2, add the following new section:
SEC. 6. TECHNICAL AMENDMENTS TO THE NATIONAL TRAILS SYSTEM ACT.
The National Trails System Act (16 U.S.C. 1241) is amended as
follows:
(1) In Section 5(c)(19) by striking ``Kissimme'' and inserting
``Kissimmee'';
(2) In Section 5(c)(40)(D) by striking ``later that'' and inserting
``later than'';
(3) In the first sentence of Section 5(d) by striking
``establishment.''; and
(4) In Section 10(c)(1) by striking ``The Ice Age'' and inserting
``the Ice Age''.
H.R. 1384
Mr. Chairman and members of the subcommittee, thank you for the
opportunity to appear before you today to present the Department's
views on H.R. 1384, a bill to amend the National Trails System Act to
designate the route in Arizona and New Mexico which the Navajo and
Mescalero Apache Indian tribes were forced to walk in 1863 and 1864,
for study for potential addition to the National Trails System.
The Department supports H.R. 1384, as passed by the House. However,
the Department did not request additional funding for this study in
Fiscal Year 2003. We believe that any funding requested should be
directed towards completing previously authorized studies. Presently,
there are 40 studies pending, of which we hope to transmit 15 to
Congress by the end of 2002. New studies can eventually result in new
designations, and we believe that it is important to focus our
resources on working down the deferred maintenance backlog at existing
parks. Of the studies underway during the ten-year period between 1989
and 1998, NPS has transmitted 79 studies to Congress. These 79 studies
resulted in 15 new NPS units, 14 heritage areas, and 10 other types of
designations or programs. To plan for the future of our National Parks,
the Administration will identify in each study the costs to establish,
operate, and maintain the site should it result in a future
designation.
The Department testified on May 8, 2001 before the Subcommittee on
National Parks, Recreation, and Public Lands, of the House Committee on
Resources, that we could not support this bill as originally written.
As introduced, H.R. 1384 designated the Navajo Long Walk as a national
historic trail. However, the National Trails System Act, Public Law 90-
543, requires that a desireability and feasibility study be conducted
and submitted to Congress before a trail can be established and a study
has not been completed on this trail.
H.R. 1384, as passed by the House, amends the National Trails
System Act by authorizing a suitability and feasibility study on the
series of routes which Navajo and Mescalero Apache Indian tribes walked
beginning in the fall of 1863 as a result of their removal by the
United States government from their ancestral lands, generally located
within a corridor extending through portions of Canyon de Chelley,
Arizona, and Albuquerque, Canyon Blanco, Anton Chico, Canyon Piedra
Pintado, and Fort Sumner, New Mexico.
The story of the Long Walk came at a time in U.S. history when the
military was called upon to remove Indian people from their homelands.
In the 1850's and 60's more and more Americans were moving west into
New Mexico, home of the Navajo people. Repeated clashes resulted in the
decision to move the Navajo away from their ancient homeland to a
reservation and teach them farming and Western European standards of
self-sufficiency. The army destroyed crops and orchards, starving the
Navajo into submission. There were several successive marches of the
Navajo through the cold of winter to the heat of summer. The aged and
infirm often died along the way even though wagons were sometimes
provided. Broken and dispirited after their defeat in their homeland,
the Long Walk was particularly grueling and hard on all of the Navajo
people, even those who survived.
The destination of the Long Walk was a reservation at Fort Sumner,
New Mexico, called Bosque Redondo (Round Grove), which was shared with
Mescalero Apache people. More than 7,000-8,000 Navajo people were
eventually placed on the reservation. Although seeds were provided and
the Navajo planted them immediately, there was never any success in
growing crops. Due to a lack of timber for both shelter and firewood,
living conditions were poor. Additionally, the Navajo and Mescalero
Apache did not get along and by 1866 the Apache had deserted the
reservation. By 1868 conditions were so bad that a government
commission was appointed to investigate the conditions at Bosque
Redondo. General W. T. Sherman, commanding the Military Division of the
Missouri, ordered the Navajo back to their homelands in June of 1868,
after a treaty granting them their old homelands had been signed.
The Long Walk Trail is located within a corridor that includes
National Park System units at Canyon de Chelly National Monument in
Arizona and Fort Union National Monument in New Mexico and Bureau of
Land Management (BLM) managed lands in New Mexico including El Malapais
National Conservation Area and Kasha-Katuwe Tent Rocks National
Monument. The route the army followed went from Canyon de Chelly,
Arizona, to south of Albuquerque, New Mexico. From there several routes
continued directly and indirectly to the Bosque Redondo at Fort Sumner
on the Pecos River.
The story of the Long Walk is being told in a number of ways
through the efforts of the State of New Mexico and the Navajo Nation.
For a number of years, the Navajo people have made pilgrimages to the
Bosque Redondo. Plans are currently underway for a memorial and visitor
center at Fort Sumner State Monument. Legislation that passed in the
106th Congress (Title II of P.L. 106-511) authorizes funding from the
Defense Department to match state funds for the establishment and
development of the memorial and visitor center. The legislation also
authorizes the National Park Service to work with the Navajo Nation and
the Mescalero Tribe to develop a symposium on the Long Walk and a
curriculum for New Mexico schools.
Any further federal involvement should consider more than whether
or not the Long Walk has sufficient resources and integrity to meet the
standards set for establishing National Historic Trails. A study should
identify other options that best tell the story as well as identify the
critical resources to that story. But most importantly, any work has to
consider the concerns, values and wishes of the Native Americans
affected by these tragic events.
Therefore, while a study to determine the suitability of national
historic trail designation may be an important part of preserving this
story and sites, any authorized study should include sufficient
latitude to determine if that is indeed the best way to accomplish the
task.
To that end, we are ready to work with the bill's sponsor, the
State of New Mexico and the Navajo and Mescalero to determine the most
appropriate action. That completes my testimony. I would be happy to
answer any questions that you or any of the members of the subcommittee
may have.
That completes my testimony. I would be happy to answer any
questions that you or any of the members of the subcommittee may have.
Senator Akaka. Ms. Stevenson, the administration is
requesting that the committee defer action on the bill
designating the Old Spanish Trail, so that the Park Service can
provide funding for the backlog of maintenance projects. Can
you please share your thoughts, whether, from now on, the
administration will be opposing all new designations, including
new trails, park areas, or heritage areas?
Ms. Stevenson. The Department is recommending at this point
that we defer action on designating new areas until progress
has been made on the backlog, and we anticipate that we will
have measurement and progress before it is to the Congress, so
that you can determine that we have made progress, and then we
will be changing to recommend designations again.
Senator Akaka. The Old Spanish Trail has been studied by
the Park Service as required under the Trails Act. The Park
Service's study finds that the trail meets the criteria for
designation as a National Historic Trail. Recently, the
President signed a bill establishing the Ronald Reagan Boyhood
Home National Historic Site, even though no study of the site
had been undertaken, as required by existing law. Can you
please explain to me why the administration supported that
designation, but opposes moving forward on the trail bill at
this time?
Ms. Stevenson. Actually, Mr. Chairman, the National Park
Service and the Department supported a study bill for the
Ronald Reagan boyhood home, and the Congress decided to
designate it, and, of course, we follow the direction of
Congress when they choose to designate a site.
Senator Akaka. I would like to turn to the willing seller
bill. If the land acquisition restrictions are removed for the
nine trails addressed in the bill, does the Department have an
estimate of how much land would be required for each trail?
Ms. Stevenson. No, sir, we do not.
Senator Akaka. In general, can you please describe what
type of Federal land acquisition is involved for National
Historic and National Scenic Trails?
Ms. Stevenson. Ordinarily, what happens is that there is a
small portion, usually of a trail, that is considered to be
crucial for the continued development of the trail; and an
owner will approach one of the Federal agency partners, and
request that that portion be acquired by the Federal
Government.
In this case, since we have no authority to do that, we
must turn down the willing seller. If we had the authority,
then a very serious determination would be made of whether this
was essential property to be acquired, and the practice has
been in the past that the property is acquired, and then we
determine to access property that is outside of the trail
necessity. At least, that has been the practice in the past.
Senator Akaka. May I ask you to provide the committee with
a list, identifying how much land has been acquired by the
Department for those trails which already have land acquisition
authority?
Ms. Stevenson. Yes, sir.
[The information follows:]
Land Acquired From Willing Seller Authority Response to Question From
March 7 Hearing on Trail Bills
Question. Would you please provide a list of the national scenic
and historic trails that have land acquisition authority and the land/
acreage acquired from willing sellers along those trails?
Answer. California and Pony Express National Historic Trails were
authorized to acquire land from willing sellers in August 1992. No
acreage has been acquired to date nor is any contemplated in the
immediate future.
Santa Fe and Trail of Tears National Historic Trails have not
acquired any lauds or interests in lands from willing sellers. Ninety-
eight percent of the effort to complete these trails is devoted to
voluntary certification of trail resources via negotiation with owners/
managers. Non-profit groups are encouraged to step in when sites are
threatened. In order to foster grassroots management, Federal
acquisition is considered as a last resort should other partners fail
to intervene.
El Camino Real de Tierra Adentro National Historic Trail is new and
in the planning phase. No acquisition opportunities/needs have been
identified.
Juan Bautista de Anza National Historic Trail has had no direct
willing seller activity along its length.
Ala Kahakai National Historic Trail has had no willing seller
activity along its length. According to the trail's feasibility study,
the National Park Service will not initiate the acquisition of land for
the trail. To date, no willing landowners have approached the trail
office regarding land acquisition for the Ala Kahakai NHT.
We refer to the Forest Service with respect to the trails that it
manages.
Senator Akaka. Would you do that? Thank you. I will ask
Senator Thomas for any questions he may have.
Senator Thomas. Thank you. I want to pursue the same bill,
in the terms of willing buyer/seller. After the studies are
made and the Parks Service makes its judgment, do they come
back to the Congress with their proposal to buy?
Ms. Stevenson. No, they do not come back to the Congress,
but, of course, the Congress controls the appropriations, so we
only can purchase when the Congress makes funds available, and
we have taken that as tacit approval of our proposals for
purchasing.
Senator Thomas. But the funds are not made specifically for
each parcel?
Ms. Stevenson. It depends, but ordinarily not; you are
correct, Senator.
Senator Thomas. Ordinarily not. That is true. The Senator
talked about easements, only?
Ms. Stevenson. In some cases, yes; but not entirely.
Senator Thomas. Are we talking about easements only?
Ms. Stevenson. No, Senator, we are not.
Senator Thomas. So we are talking about the ability of the
agency to buy as much property as they feel like they want to
buy, without coming to the Congress, and letting it go at that;
right?
Ms. Stevenson. In the case of the National Parks Service at
least, and I will have to check with my colleagues, we can only
purchase within the legislated boundaries of the National Parks
Service, so we are not talking about just buying land willy-
nilly outside the boundaries.
Senator Thomas. What about the rancher that says, ``I will
sell it to you, but you have to buy my whole place''?
Ms. Stevenson. Within the boundaries of the National Parks
Service, that would be something we would look at seriously. As
I have said before, we would also then consider whether that
needed to stay whole and in part inside the park; although, I
would venture to say----
Senator Thomas. But not inside the park, generally, or not
inside the park?
Ms. Stevenson. Inside the authorized boundaries of the
trail.
Senator Thomas. That is all you can buy; what is inside the
boundaries of the trail?
Ms. Stevenson. Right now, all we can buy is what is inside
the boundaries of the National Parks.
Senator Thomas. What would this do?
Ms. Stevenson. This would expand the authority.
Senator Thomas. To what?
Ms. Stevenson. To land that is authorized within the
boundaries of the trail, but not within the boundaries of the
National Parks.
Is that correct?
[Pause.]
Ms. Stevenson. That is correct.
Senator Thomas. Are you sure there are boundary limitations
in here?
Ms. Stevenson. Well, I do not think there is a specific
boundary; in the sense of a line, no.
Senator Thomas. You do not think there is a specific
boundary in the bill either; is there?
Ms. Stevenson. Not that I recall.
Senator Thomas. So, I think it is a big mistake. I do not
think--those of us who live in public land States, where 60
percent of your State already belongs to the Federal
Government--that even if it is a willing seller, without the
approval or without a study that comes back to the Congress, I
do not know why we would expect to just let the agency buy
whatever they chose; do you?
Ms. Stevenson. I certainly understand your point of view,
Senator.
Senator Thomas. Well, it is my point of view, and I feel
very strongly about it. It could be easements, or it could also
be fee simple.
Ms. Stevenson. It could be.
Senator Thomas. Let me go to S. 213. Here, again, the
studies are made for areas that are off the trail but are
related to the trail, apparently.
Ms. Stevenson. Well, I think what has happened is that when
the original studies were done, they did not consider the
cutoffs, and the other portions of the trail that are
considered--now understood as significant to the trail, and
originally were not so understood.
Senator Thomas. Martin's Cove, as the Senator mentioned, is
in Wyoming, as a matter of fact. It is not a cutoff at all. It
is an addition, that's off the trail, some 1,600 acres, I
believe. Then under the bill, what, would there be a study and
a return to the Congress to approve?
Ms. Stevenson. Actually, the bill, as written, does not
require return to the Congress. It requires a study and a
designation, if the Secretary believes that it has merit.
Senator Thomas. I see. I guess I am a little edgy about the
idea of leaving the agency with the full authority to purchase
lands. After doing a study and coming back and making their
report, that is fine. But this one, as you know, has been
controversial in that the Mormon Church has wanted to buy the
property, and that has raised a considerable amount of
consternation among people in Wyoming.
It is BLM property now, and I presume that's what this bill
is about. I would think that we perhaps could make it usable,
if we could get some sort of congressional approval on these
significant sort of changes.
Ms. Stevenson. Actually, Senator, I am not aware of that
purchase, but you may be right.
Senator Thomas. Thank you.
Senator Akaka. Thank you very much, Senator Thomas.
Senator Campbell.
Senator Campbell. Thank you, Mr. Chairman.
I have several questions on the Spanish Trail and some
broader questions, too. I am a little confused, Kate. The
Department is unwilling to designate, to support the
designation of the Old Spanish Trail, but it favors the Willing
Seller bill, which assumes they will have money to purchase
some property. And as I understand your testimony, the
maintenance backlog is what has encouraged the Department not
to support the Spanish Trail bill. How do you justify----
Ms. Stevenson. It is not exclusively the maintenance
backlog. It is also paying attention to the units we already
have and making sure that we are spending our full attention on
them; but your point is well taken.
Senator Campbell. Well, where do you stand on your
maintenance backlog, if that is what is holding it up? What is
it that is----
Ms. Stevenson. It is approximately $5 billion.
Senator Campbell. $5 billion? That is for what, upgrading
and new facilities and all that stuff?
Ms. Stevenson. It is everything from sewage treatment, to
water, to historic structures, to trails maintenance.
Senator Campbell. Well, in this bill, this National Trails
bill, there is no authorization to do any of that stuff. I
mean, it is just a designation; it does not cost anything to
designate, except the paperwork. I mean, it does not allow
purchase of property or anything that I know of, or authorized
building, or doing any of that. So, what is the cost?
Ms. Stevenson. It has been our experience that the start-up
costs for a trail is between $100,000 and $200,000, and that
those are the costs to----
Senator Campbell. One-hundred----
Ms. Stevenson. To $200,000. Those are the costs to study
the area, to get a staff, a minimum staff on board, travel, and
so on.
Senator Campbell. I see.
Ms. Stevenson. Those can grow up to as much as $750,000 for
administrative costs. Now, that is the very high end, to be
sure.
Senator Campbell. You probably know, Kate, around here, we
spill more than that every day, when you talk about the total
budget and how much we spend on different things, whether it is
military, education, etc. What is the time line we are looking
at in deferring action, if we were to defer action on the Old
Spanish Trail as a National historic trail? Do you have a time
line?
Ms. Stevenson. No, sir.
Senator Campbell. None? Could be indefinite?
Ms. Stevenson. I doubt if it would be indefinite. The
administration is really committed to reducing the maintenance
backlog, and they are very committed and pushing us very hard
to make progress.
Senator Campbell. What year did the study that you spoke
about--to study President Reagan's boyhood home--pass before
the actual bill to authorize it?
Ms. Stevenson. I am sorry, I do not know that, sir. I would
have to provide that.
Senator Campbell. But I did understand you to say that, or
maybe perhaps it was the chairman, that the Department did not
support that but went along with it, because it was passed by
Congress?
Ms. Stevenson. Yes, sir. When something is authorized,
whether or not we were in favor of it or against it at the
time, we wholeheartedly take it under our wings.
Senator Campbell. Well, I guess then the only question that
remains is how hard are you going to fight it, and are we still
going to be friends after we pass it.
Ms. Stevenson. Senator Campbell, we will always be friends
with you.
Senator Campbell. All right, because we are going to try to
pass it. I have to tell you, I have been waiting 7 years, as a
lot of us have in the West, and we are going to try to move
this thing, and hopefully we will be able to talk again about
it.
Let me ask you a little broader question, if I still have a
moment, Mr. Chairman. It deals with the broader picture of
trails. I am involved, as my family is, my wife particularly,
on a trail called The Continental Divide Trail. Are you
familiar with that? Big trail.
Ms. Stevenson. Yes, sir.
Senator Campbell. We try to do a ride on it every year, we
started just last year in Colorado--we are going to do one in
Wyoming this year, hopefully, New Mexico next year, to draw
attention to the importance of using the trails, and it has
gotten a lot of support. Several people in the administration
are going to go with us this year. Several of the Department
heads are going to go with us, and we think it is great.
Just let me ask you a couple of questions about it. There
was some question by Senator Thomas about willing seller. Do
you know if there are people now willing to sell land or
easements to help complete that Continental Divide Trail?
Ms. Stevenson. I do not know, sir. I would have to provide
that.
Senator Campbell. Could you find that out for us,
particularly me, and get back to me on that?
Ms. Stevenson. Yes, sir.
Senator Campbell. Also, these bills that we are dealing
with today, are they in some kind of sync, would it help
complete the Continental Divide National Scenic Trail?
Ms. Stevenson. The nine historic scenic trails are the
Continental Divide National Scenic Trail, the North Country
National Scenic Trail, the Ice Age National Scenic Trail, the
Oregon National Historic Trail, the Mormon Pioneer National
Historic Trail, the Lewis and Clark National Historic Trail,
the Iditarod National Historic Trail, the Potomac Heritage
National Scenic Trail, and the Nez Perce National Historic
Trail.
Senator Campbell. Do those all, at some place, touch the
Continental Divide Trail system?
Ms. Stevenson. I don't believe that is true; no.
Senator Campbell. Okay.
Ms. Stevenson. Those are the ones that are not presently
covered by the willing seller provision.
Senator Campbell. Oh, I see. Okay. How many miles of that
Continental Divide scenic trail go across private lands now? Do
you have any idea?
Ms. Stevenson. We will have to provide that to you.
Senator Campbell. Would you please provide that for the
committee, too?
Thank you, Mr. Chairman, I have no further questions.
Thank you, Kate.
Senator Akaka. Thank you very much, Senator Campbell.
I have no further questions for you. I thank you very much
for your responses.
Ms. Stevenson. Thank you, Mr. Chairman.
Senator Akaka. Our next witness is the Honorable Kelsey
Begaye, the president of the Navajo Nation. President Begaye
will testify on H.R. 1384, which would designate the route in
Arizona and New Mexico which the Navajo and the Mescalero
Apache Indian tribes were forced to walk in 1863 and 1864, for
study for potential addition to the national trail system.
President Begaye, welcome to the committee.
Mr. Begaye. Thank you, Mr. Chairman.
Senator Akaka. Proceed with your statement.
Mr. Begaye. Yes, sir.
STATEMENT OF KELSEY BEGAYE, PRESIDENT OF THE
NAVAJO NATION, WINDOW ROCK, AZ
Mr. Begaye. Before I start, I would like to introduce an
individual that is here in the room. Her name is Merlee Arviso,
and she is the great-great granddaughter of Jesus Casuse
Arviso, who was a treaty interpreter in 1868. Merlee--is she in
the room?
Good afternoon, ladies and gentlemen. My name is Kelsey
Begaye, president for the Navajo Nation. I want to thank
Chairman Daniel Akaka and the rest of the subcommittee for
providing the opportunity for the Navajo Nation to make this
presentation before you. I am very honored to be here.
The Navajo Nation is pleased to present its viewpoints on
H.R. 1384, the Long Walk National Historic Trail Study Act. The
Navajo Nation supports the designation of the Navajo Long Walk
Trail, so that the future generations of Navajos and other
Americans will remember the historic page in American history,
and that it will not happen again here in our homeland, the
United States of America.
As you know, the Navajo people have a rich and proud
history. Our history recounts the journey of our ancestors into
the present world. It is in this world, Ni'hodis's, the
Glittering World, that a fairly recent historical event
challenged the Navajo people's very existence within the
boundaries of the Sacred Mountains of the Navajo land.
As history provides, by the mid-1800's, the Navajo people,
after approximately three centuries of unwelcome encroachment
by the Spanish and the Mexican governments, the Europeans, and
later, Americans, were reacting to the situation that was
wearing away their culture and land base. This era is bitterly
remembered as a dark page in Navajo history, when the United
States set out to obliterate Navajo culture at a place known as
Hweeldi, Bosque Redondo, or Fort Sumner, New Mexico.
In the mid-1800's, before, during, and after the Civil War,
enslavement and slave trade of Navajo women and children was
still practiced in the Southwest. The slave raids were led by
Mexican and American settlers in retaliation for raids by
Navajos and against the communities that surrounded the Navajo
lands.
In 1849 and 1850, several failed peace negotiations with
the U.S. Government led to a military campaign to subdue the
Navajos. The U.S. Army would not tolerate any humane treatment
of Navajo people who would not surrender. Realizing that
Navajos could not be subjugated in their own land, the United
States viewed removal as the only alternative.
In early 1860, the U.S. military posts in Navajo land,
under the leadership of Brigadier General James H. Carleton,
set the stage for the campaign against the Navajo people. More
than 300 miles from the Navajo land was the desolate site to be
chosen to confine the Navajo people, and force them to live
according to the foreign laws of the U.S. Government.
Thousands of Navajos walked the entire distance of 350
miles to Fort Sumner under the watchful eyes of the U.S.
military. The Navajos were held as prisoners of war for 4 years
at Fort Sumner, New Mexico. Poor planning, drought conditions,
severe winters, sickness, foreign diets, and continuous slave
raids took its toll on the already suffering captive Navajos.
Finally, in the spring of 1868, the worn Navajo leaders
sought to return to their land within the Sacred Mountains. The
desire to return to their homeland kept the people alive. On
June 1, 1868, a treaty was drawn to end this nightmare and
allowed the Navajos to walk more than 350 miles back home.
Today, the Navajo Nation has approximately 298,000 members.
The vast reservation is about 16 million acres. Many Navajo
live in areas throughout the United States and around the
world. The Navajo people will retain its language and many of
their traditions. We are a proud people and we remember our
history, the stories handed down by our ancestors and our
forefathers about the ordeal at Fort Sumner.
With the enactment of H.R. 1384, the Long Walk National
Historic Trails Study Act, the Navajo Nation urges Congress to
work with the Navajo Nation in determining which Navajo Long
Walk Trail route will be designated by this legislation. There
were four primary routes used by the U.S. military during the
Navajo removal.
The Navajo Nation also recommends that Congress mandate
that the National Parks Service consult with the Navajo Nation
regarding all interpretative materials, such as brochures,
trail markers, and scenic off-ramps. The Navajo Nation urges
Congress to add appropriations authorization language to the
bill so that the Navajo Nation and the National Parks Service
are able to conduct the necessary research, consultation, and
the maintenance of the Long Walk Trail.
The horrible accounts of this period in Navajo history are
not openly discussed and/or readily shared by Navajo people.
The long walk was certainly a test of Navajo fortitude, which
remains in the shadows of American history. The proposed bill,
H.R. 1384, Long Walk National Historic Trail Study Act, will
ensure that this page of Navajo and American history will be
remembered, and the Navajos who endured the long walk and
incarceration at Hweeldi are well honored.
The Long Walk serves to remind society of the importance of
cultural perseverance, and also designation as a national
historic trail will help ensure that this portion of the
Navajo's history will always be remembered. Hence, the Navajo
Nation and its people support H.R. 1384, and respectfully
request immediate adoption to memorialize this important era of
American history.
Chairman Akaka and members of subcommittee, thank you for
your consideration of this legislation.
Senator Akaka. Thank you very much, President Begaye, for
sharing your testimony with the subcommittee this afternoon.
One of your recommendations is that the Park Service defer
to the Navajo Nation in determining which of the four primary
routes should be designated. Would you please share your views
as to whether the study look at all four routes for possible
designation as a national historic trail, or should it be
focused on one specific route?
Mr. Begaye. Mr. Chairman, and members of the subcommittee,
I believe that that issue needs to continue to be discussed;
however, the Navajo Nation, in consultation with our elders,
would prefer a trail to be designated, one trail to be
designated, and that we will have to go back and find out, sir.
Senator Akaka. Well, thank you very much. That will be
helpful to the committee.
Mr. Begaye. Thank you, sir.
Senator Akaka. I thank you so much for being here this
afternoon, and for your testimony. It will be helpful to us.
Mr. Begaye. Yes, sir. Thank you.
Senator Akaka. Thank you very much.
Mr. Begaye. It is good to see you again, sir. If you have
time, there is a reception tonight at the Mayflower. Thank you.
Senator Akaka. Thank you very much.
Now, I would like to call on our last panel of witnesses to
come forward: Shane Henry, assistant director for lands and
energy, Colorado Department of Natural Resources; Patrick
Hearty, national trails chair, National Pony Express
Association; and, Dru Bower, vice president of Petroleum
Association of Wyoming; Bill Watson, co-chair, Trails Liaison
Committee, Oregon/California Trails Association; and Gary
Werner, chair, Partnership for the National Trails.
Thank you very much for coming; welcome to the subcommittee
and this hearing. May I first call on Shane Henry to give your
statement?
STATEMENT OF SHANE HENRY, ASSISTANT DIRECTOR FOR LANDS AND
ENERGY, COLORADO DEPARTMENT OF NATURAL RESOURCES
Mr. Henry. Good afternoon, Mr. Chairman and members of the
Subcommittee on National Parks. My name is Shane Henry, I am
the assistant director of the Colorado Department of Natural
Resources, and I am here today to testify in support of S.
1946, the designation of the Old Spanish Trail, and to also
include the northern branch of that trail that goes through
western Colorado, and picks up a lot of the communities in that
area.
I would especially like to commend Senator Campbell for
your tireless leadership you provided to this effort. Your
diligence, patience, and proven commitment to making this
designation a reality is certainly worth noting. I would also
like to thank your colleagues from Colorado, Senator Allard,
for his co-sponsorship of this bill, and Carson McGinnis, for
their strong interest and effective support that they have
given to the issue as well; and also to thank Senator Domenici
for his sponsorship, as well.
It shows that it is a multi-state initiative, and the
support is there to get this done after, as you said, 7 years
of hard work. So, thank you very much. I would also like to
thank Senator Hank Brown, who worked on this issue for a few
years as well.
On behalf of Governor Bill Owens and the Colorado
Department of Natural Resources, I offer Colorado's
enthusiastic support for S. 1946. The State of Colorado
recognizes the Old Spanish Trail and its northern branch as an
important part of our State's rich and eventful history. For
centuries, this well-traveled trading route from Santa Fe to
Los Angeles provided abundant regional commerce from the
earliest of times, from the Utes, Navajos, and Spanish
explorers, to New Mexican traders, French-Canadian trappers,
and American settlers, the Old Spanish Trail and its northern
branch played a significant role in all the cultures that
occupied the diverse West.
Whether it is reading through the journals of some of the
most notable explorers who traveled this route, such as Fathers
Dominquez and Escalante, Kit Carson, and Lieutenant George
Brewerton, or just studying a historic map that shows the
hundreds of communities and settlements this trail once served,
there is no doubt as to the historical places this trail has in
Colorado history. S. 1946 would finally grant this historic
trading route the official recognition it richly deserves.
The Colorado Department of Natural Resources has been an
avid supporter of this effort, going back to 1993, when our
State parks board passed a resolution supporting historic trail
designation of the Old Spanish Trail and its northern branch.
The Department of Natural Resources and its Division of
Colorado State Parks have followed closely the National Parks
Services feasibility study and analysis. We have also supported
the efforts of the Old Spanish Trail Association and the ad hoc
committee of volunteers in Grand Junction, Colorado, whose
remarkable determination is largely responsible for why we are
all here today.
To reaffirm its support, Colorado State Parks, on September
22, 2000, unanimously adopted a resolution, recognizing the
historical value of the Old Spanish Trail and its northern
branch, and asked for national historic trail designation by
the Congress. I have included a copy of this resolution to be
entered into the record as part of this testimony.*
---------------------------------------------------------------------------
* The resolution can be found in the appendix.
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Senator Akaka. Yes, sir.
Mr. Henry. The State of Colorado support for the
designation is especially noteworthy today. As we speak,
Governor Owens is announcing a proclamation designating 2002 as
the Year of Trails in Colorado as a way to celebrate the
recreational and historic values that our amazing network of
trails offers to Colorado citizens and its visitors. I can tell
you, the prospect of adding the Old Spanish Trail and its
northern branch to the list of national historic trails, in the
same year that Colorado is gearing up for its promotion of
State trails, is very exciting to Governor Owens and the State
of Colorado.
Colorado recognizes the numerous educational benefits and
opportunities for historic interpretation this designation will
provide the citizens of Colorado. Perhaps just as important is
the national perspective this designation would give to State
and local educational programs for use in schools, as they fill
in the large gap in the national historic trails map of the
United States.
For all these reasons, Mr. Chairman, and members of the
subcommittee, the State of Colorado is proud to lend its
support to the important designation effort. Designation of the
Old Spanish Trail and its northern branch has the support of
Governor Owens, the Colorado General Assembly, the Department
of National Resources, CLUB 20, Mesa County, the city of Grand
Junction, and many other communities along the trail in western
Colorado. We hope this committee, and ultimately Congress as a
whole, will support this locally driven, multi-State initiative
and move with all deliberate speed to bring about its
designation this year.
Just quickly to address the financial concerns we heard
from the administration, I would just offer, at least from
Colorado's perspective, I do not know for the other States, but
there are numerous volunteer groups up and down this trail that
have already spent a tremendous amount of time researching the
trail, going out, putting out markers, and the cost of
implementing this trail over time, there would be a swarm of
volunteers that would come out and I think will reduce any
serious cost in terms of having this trail officially
designated as a National historic trail. I think we could
address that quite easily, in fact.
Thank you for giving me the opportunity to testify in this
important matter.
Senator Akaka. Thank you very much, Mr. Henry.
May I call now on Bill Watson for your testimony?
STATEMENT OF WILLIAM C. WATSON, CO-CHAIR, TRAILS
LIAISON COMMITTEE, OREGON/CALIFORNIA TRAILS ASSOCIATION,
ORINDA, CA
Mr. Watson. Thank you, Mr. Chairman, and members of the
subcommittee.
National historic trails are different from scenic trails,
because where scenic trails are point-to-point, and walkable
from end to end, an historic trail is not hikeable all the way
through. It consists of a series of significant sites and
segments connected by highway, and along the way we have
historically significant cutoffs and alternates.
The bills, S. 213/H.R. 37, do not change the right of
private land owners to do what they want to do with their
property. If they close the land for trail use, the historic
trail, under the act, follows the adjacent road or highway to
the next open segment. We are proud to announce that every year
we give awards to families who preserve the trail on their
land.
Congressman Bereuter, from Nebraska, in his House
testimony, emphasized that there is no condemnation of private
lands or Federal leases contemplated to add any of these routes
that we have requested to be studied to the trails. This bill
does not change the long-standing Federal rules on public land
that ban drilling within a quarter of a mile of trail ruts.
The Oregon-California Trails Association has a long history
of working with energy companies and others along the trails.
In 1985, our Wyoming members worked with Exxon on a proposed
above-ground hot sulphur pipeline that would have criss-crossed
the trail a number of times. Our members worked with Exxon.
They voluntarily altered the plan so that it only crosses the
trail once, and they wrote up this cooperative effort in their
company magazine.
Currently, in Wyoming, our members are working with
Wolverine Oil and the Shell Oil Company, who are drilling on
new sites visible to the Oregon and California trails. Oil
companies have volunteered to use 11-foot tanks on new sites,
compared to 20-foot tanks on existing sites, and to paint them
to match the terrain. And they have offered that, where
feasible, they will drill behind walk-out croppings rather than
on top.
Yesterday and today, our members are holding a preservation
workshop on how better to preserve the trail in the
communities. They are in Salt Lake City, and we have
representatives of Wolverine, Shell Oil, the Wyoming Petroleum
Association, and a drilling consulting firm on the agenda to
educate our members about the needs of the energy industry.
I want to acknowledge today representatives of the Trail of
Tears and Cherokee Nation who are here to support the Cherokee
Trail for addition to the California National Historic Trail.
We have President Jack Baker, Mary Tidwell, and David Raybow,
accompanied by their Parks Service superintendent, Mary Bomar.
I would also like to acknowledge my wife for her help and
support in this testimony, and thank you for your time.
[The prepared statement of Mr. Watson follows:]
Prepared Statement of William C. Watson, Co-Chair, Trails Liaison
Committee, Oregon/California Trails Association, Orinda, CA
Chairman Akaka, Ranking Member Thomas, other Subcommittee members
and guests, thank you very much for this opportunity to testify before
your distinguished Subcommittee. During 2001, Oregon-California Trails
Assn. (OCTA) members donated 50,021 hours and $303,000 in volunteer
expenses to our trails with a total value of over $1 million. OCTA
joins with the National Pony Express Assn., Mormon Trails Assn. and
Iowa Mormon Trails Assn. to jointly urge you to approve S. 213/H.R. 37
to authorize to Updated Feasibility Studies for our four trails.
I would like to re-emphasize several key points made in the
testimony of Congressman Doug Bereuter supporting H.R. 37 which the
House unanimously passed on June 6, 2001:
``This legislation should be non-controversial, as it would simply
recognize the fact that there are additional routes and cutoffs which
may deserve inclusion in the National Trails System.''
``No condemnation of private lands or Federal leases is to be
contemplated to add any of these routes to the trails.''
``Although the National Park service is supportive of efforts to
examine these additional routes, it has determined that congressional
legislation is needed to provide authorization.''
OCTA recognizes that not every route proposed for study will meet
the criteria of the National Trails Act and qualify for inclusion in
the National Trails System. Thousands of volunteer hours have been
spent researching and retracing Oregon and California routes propose
for study. Some study routes already share an established National
Historic Trail so would add markers not miles to the National Trails
System. (See yellow lines on NPS Maps A and B.)
OCTA/PRIVATE LANDOWNER COOPERATION
The Oregon-California Trails Assn. (OCTA) works with private
landowners, calling attention to the importance of the overland trails,
obtaining permission to mark trail ruts and emigrant graves, and
requesting access to trail sites for special occasions. Activities on
private land are with the concurrence of the land owner/manager/lease
holder. Each year, OCTA ``Friend of the Trails'' awards are presented
to private landowners who preserve trail ruts and/or sites as part of
their family heritage.
The National Trails Act provides private landowners an opportunity
for Site Certification. If the landowner elects Certification, an
agreement is signed with the Park Service which specifies public
access: every day; one day a year and what date; no public access. Many
private landowners have become participants in Certification since the
1986 designation of the Oregon Trail and 1992 designation of the
California & Pony Express Trails.
Our KANZA Chapter in northeast Kansas worked with private
landowners and the Park Service using side-scan radar for archeological
research of four emigrant grave sites without disturbing the ground.
Like many private landowners, these ranch families have protected the
graves for 160 years. At the end of the first day, the ranchers hosted
a team pot luck dinner and KANZA members hosted the next night.
Each year OCTA holds a convention at a different place along the
trail. This August it will be in Reno, NV., and include trail tours,
many requiring 4-wheel drive. Host chapter members work closely with
private and public landowners to make these tours possible. It is
always a thrill to have local families show us the trail remnants
across their land and to hear their history.
Issue
Misunderstandings have caused concerns that S. 213/H.R. 37 are in
conflict with America's energy needs. Trail protection, energy
development and grazing have co-existed on public lands for many years
under the National Trails System Act. Energy and Travel & Tourism are
major industries in the economy of most trail states. Tourism is
encouraged by federal, state and local support for the soon to open
Casper, WY, trails center and the center being developed in Elko, NV.
OCTA Cooperation With Energy Developers
In 1985, OCTA members worked with Exxon to minimize the number of
times a planned pipeline would cross the Oregon Trail near South Pass.
This cooperative effort was featured in the Exxon employees magazine.
In March 2001, BLM, NPS, OCTA, Wyoming SHPO and Wolverine Gas & Oil
representatives met in Rock Springs, WY, to discuss proposed
exploratory drilling of wells near the Sandy Crossing and South Pass on
BLM lands adjacent to the Oregon, California, Mormon Pioneer and Pony
Express National Historic Trails.
Over lunch the Wolverine President and Dick Ackerman, then OCTA's
Preservation Officer, discussed mutual concerns including a group of
protest letters written by students about this planned drilling near
South Pass. During the discussion, Wolverine proposed that where
drilling would be detrimental to the trail they could drill laterally
and be at least 1/4 mile from the trail as required by the BLM rules.
For new sites within view of the trail, Wolverine volunteered to
minimize the impact of activities by drilling behind a bluff rather
than on top of it and to use low profile (11 foot high) storage tanks
painted to match the setting. An existing BLM road across the trail
could be used to move equipment and supplies. It was agreed that 20
foot high tanks on existing sites will not be replaced. Partner Shell
Oil concurred.
OCTA's Dick Ackerman met with students and told them not to blame
Wolverine for working in historic South Pass because they were helping
solve America's energy problem. He shared their concerns about
protecting the trails and assured them that all participants will work
together to minimize the trails impact. As Ackerman noted: ``Early
travelers over this dirty, dusty, rocky ribbon of a trail made a
difference. They were settling the Pacific frontier and with these
settlements made our country the ocean to ocean Nation that it is
today. Today's travelers can share the pioneer experience. They can
stand there and look both ways and try to imagine what it was like for
those early travelers. This is why we need to do our best to keep it
looking the same.''
Last year, OCTA CA/NV chapter members worked with the U.S. Senate
staff and the Nevada BLM to plan and create the Black Rock/High Rock
National Conservation Area legislation that protects the California and
Oregon Trails in Nevada while allowing continued multiple use of those
lands. Today, OCTA chapter members continue their work with the BLM to
plan and implement this Nevada National Conservation Area.
CALIFORNIA NATIONAL HISTORIC TRAIL--MISSOURI VALLEY ROUTES
The 1987 California Trail Feasibility and Desirability Study
assumed that: ``Most of theses ruts and traces are west of Casper,
Wyoming . . .'' Subsequent extensive diary research plus ground
searches by OCTA members located numerous swales, ruts, remanent of
river and creek crossings, etc.in the Missouri Valley. Many of these
new sites are on private land and have been preserved for 160 years as
part of the proud landowners' family heritage. OCTA's research
identified 19 Missouri Valley routes, shown in green on NPS maps A and
B, that are proposed for study under S. 213/H.R. 37. Most will be
multi-use shared routes. For instance, OCTA/NPEA research indicates
that Fort Leavenworth to Big Blue River Route was used by Oregon and
California bound emigrants and Pony Express riders.
CENTRAL ROUTES
Seven Central Routes proposed for study, shown in green, include
the Cherokee Trail which has not been designated a National Trail.
Because of its significance, the Cherokee is marked and preserved in
Wyoming by the BLM and OCTA volunteers. The Cherokee Trail was under
study and included in the draft California Trail Comprehensive
Management Plan until a Solicitor's Opinion dropped it from the CMP.
While under study, the Governor of Oklahoma wrote a letter to NPS
Director Bob Stanton supporting the designation of the Cherokee Trail
as a branch of the California National Historic Trail.
The Cherokee Trail was used by native Americans, Anglos and blacks
from Oklahoma Territory who went west for the California gold rush. The
Cherokee Trail segment from Rawlins, WY, to Fort Bridger received heavy
use by Mormon pioneers during the 1860s, making this a shared route.
One segment of the Cherokee Trail shares the Santa Fe National Historic
Trail. OCTA contributed $5,000 toward BLM purchase of new concrete
markers for the Cherokee Trail in 2000 that were installed by OCTA
volunteers and the BLM. If the Cherokee Trail qualifies as a California
trail route, it will not significantly increase the number of trail
miles on Wyoming BLM land.
We are honored to have President Jack Baker, Mary Tidwell and Paul
Austin from the Trail of Tears Assn. at this hearing to show Cherokee
Nation support for passage of S. 213/H.R. 37 and the inclusion of the
Cherokee Trail as a California Trail route.
WESTERN ROUTES
Eight Western routes, shown in green on NPS maps A and B, are
proposed for study under S. 213/H.R. 37. Most of them were omitted from
the original Feasibility Study or were ordered deleted from the
Comprehensive Management Plan.
For example, the Solicitor's Order deleted the Bidwell-Bartleson
Route from the California Trail Comprehensive Management Plan. On May
l2, l85l, the Bidwell-Bartleson Company left from the Kansas City area.
They did not have a map showing the way to California, because none
existed. Thirty-one men, one woman (Mrs. Nancy Kelsey) and her infant
daughter followed the Oregon Trail. About 560 miles beyond Fort
Laramie, they left the Oregon Trail to find a route across the unknown
territory stretching to California. After leaving their wagons in the
desert and wandering lost for days, the Bidwell-Bartleson party finally
reached the Sierra Nevada mountains. They crossed some where near
present day Sonora Pass and arrived in California on October 30, 1891.
The accomplishments of the Bidwell-Bartleson company, including those
of Nancy Kelsey, who became the first white woman to cross the Sierras,
are widely celebrated. The year 2002 is an excellent time to pass S.
213/H.R. 37 and recognize the 161st anniversary of the first overland
pioneers to reach California.
CALIFORNIA EXAMPLE OF MULTIPLE USE OF FEDERAL TRAIL LANDS
The Carson Route, a branch of the California Trail, was developed
from west to east in 1848 by the Mormon Battalion as an easier route
over the Sierra than the Truckee/Donner Route. A 71-mile long portion
from Genoa, Nevada, to Union House, Calif., is a High Potential Segment
where today travelers can still share some of the emigrant experience.
For about 35 years, our family has worked to preserve and interpret
about half this segment. In Hope Valley, the Big Trees Route (proposed
for study) cuts southwest from the Carson. It was used by many gold
seekers headed for the southern mines.
Most of Hope Valley, just south of Lake Tahoe, has been turned into
a hiking, fishing, and hunting preserve created on private land sold to
the government at cattle grazing (not recreation subdivision) prices.
Last year, a handicapped access site was developed with parking and
rest room facilities to provide public access for fishing and to the
tracks of the Carson Route, California Trail. One rancher closed his
land to public access so the trail follows Highway 88 around his
property. Hope Valley has a group campground reserved for campers, RVs,
etc.
In Eldorado National Forest, the Carson Route (California Trail)
from Caples Lake up to Covered Wagon Summit is open for hiking and
horseback in summer and skiers in winter. Kirkwood Mountain Resort's
trail signs on ski lift towers and an interpretive sign near the main
lodge educate skiers about the Trail. A Forest Service/Kirkwood
Mountain/OCTA plan will create a new off-the-ruts wild flower trail for
hiking & horseback plus provide additional mountain bike trails off the
Carson Route. A future project will install an unobtrusive tow to allow
skiers to go down ``Emigrant Run'', the snow covered ruts of the
covered wagons.
The segment from Caples Lake up to Emigrant Valley is marked and
maintained by Kirkwood Mountain Resort Homeowners. Our family works
every summer as Forest Service Adopt-A-Trail volunteers marking and
maintaining the top 2\1/2\ miles segment from Emigrant Valley (elev.
8,000 ft) up to Covered Wagon Summit and West Pass (elev. 9,600 ft.) In
late June, we again will have three generations working on our adopted
trail. From the Summit down to Tragedy Springs the trail has been used
by high clearance vehicles since 1946 and is maintained by a 4-Wheel
Drive Club. It is open for hikers, horseback riders, hand carts,
mountain bikes and motorized vehicles including ATVs in summer and
crossed by snowmobiles in winter. Cattle graze on parts of both trail
segments in summer.
From Tragedy Spring, the Carson Route cuts northwest to ``Hang
Town'' (now Placerville). The Volcano Road study route runs west from
Tragedy Spring to the Volcano gold rush town where Union sympathizers
during the Civil War used a cannon to protect gold bullion from
possible seizure by Confederate sympathizers.
SHARED CALIFORNIA & OREGON NATIONAL HISTORIC TRAILS
California was the first designated multi-route National Historic
Trail. Oregon was designated a point-to-point National Historic Trail
with two alternate routes. Seven California NHT routes are proposed for
study in S. 213/H.R. 37 based upon the Comprehensive Management Plan
report that routes were shared by emigrants bound for Oregon. Plans to
study these shared Oregon Routes, shown in red and yellow on NPS maps A
and B, if recommended, would not add route miles but would allow Oregon
NHT markers to be added by OCTA volunteers.
The Applegate Route of the California NHT illustrates the problems
created by the Solicitor's Order. The Applegate was used during the
California gold rush and also was the Southern route to Oregon. It
crosses 300 miles through Southern Oregon, yet Oregon NHT markers can
not be installed. Our Oregon OCTA members urge: ``Please pass S. 213/
H.R. 37 so we can put an Oregon NHT marker on the interpretive sign
outside the Oregon State House in Salem.'' Today it reads ``California
National Historic Trail''. Designating these Shared Routes adds other
trail logos, not miles.
CENSUS OF EMIGRANT DOCUMENTS (COED)
Oregon-California Trails Assn. members developed the Census Of
Emigrant Documents (COED) database which currently contains information
from 2,263 emigrant diaries, letters and reminiscences about their
trips along these trails. Research and entry data documentation is done
by OCTA and historical society volunteers. Some 64,271 emigrant names
are currently contained in OCTA's COED database. This database is
already being searched for emigrant quotes about the routes proposed
for study under S. 213/H.R. 37. This data base is also available for
genealogical research by members and the public through the OCTA
headquarters in Independence, MO.
FOUR TRAILS GIS DATABASE
University of Utah is developing and operating the California,
Oregon, Mormon Pioneer and Pony Express Trails GIS Database under
contract with the National Park Service Long Distance Trails Office in
Salt Lake City. 95% of the initial Four Trails GPS mapping was done by
volunteers using a variety of equipment, requiring different
calibrations and adjustments, which complicated GIS database
development.
During last year's extreme fire emergency, this Database provided
computer map files identifying our Four Trails routes including
significant sites and segments for use by Interagency Fire Control
Center in Boise, ID. To our knowledge, none of these significant sites
and segments identified for our four trails were damaged by fire. A
number of wooden BLM Cherokee Trail markers were destroyed by wild
fire. This route is not yet eligible for inclusion in the Four Trails
GIS Database.
OCTA is using National Park Service Challenge Cost Share dollars to
purchase sophisticated GPS units and the NPS provides volunteer
training on their use. With more sophisticated data in the future, the
Four Trails GIS Database will be able to pinpoint the location of
Significant Sites and Segments, interpretive signs and kiosks, and the
location of installed trail markers for tracking purposes.
HISTORIC TRAILS TO THE ``OREGON COUNTRY''
Testimony supporting S. 213/H.R. 37 for March 7, 2002, hearing of
the Senate Energy and Natural Resources Sub-Committee on National
Parks. Prepared by Jeanne H. Watson, Oregon-California Trails
Association (OCTA) past Director, Co-chair,Trails Liaison Committee,
and U.S. Forest Service Adopt-A-Trail volunteer.
In 1978, when the Oregon Trail was designated a National Historic
Trail, it was generally considered to be a point-to-point route. Not
exactly . . . Wile there are two alternates, one in Idaho and the other
in Oregon, other pioneer trails to the Oregon Territory have been
overlooked. In 1995 Oregon House Bill 2966 recognized five routes as
``alternates'' of the Oregon Trail. Listed separately in this bill, the
``Applegate (California) National Historic Trail'', was designated in
1992 as part of the California National Historic Trail. Two other
routes, used by pioneers crossing Oregon to settle in present-day
Washington State, may be eligible for National Historic Trail
designation. Three additional routes in Idaho are also considered
cross-country segments of the Oregon National Historic Trail.
In Wyoming, the Cherokee-Overland Trail was used by pioneers from
southeastern states to reach the Oregon-California Trail at Fort
Bridger and starting in 1852 many continued to Oregon. There are also a
number of shorter trails leading from the Missouri River to the ``Great
Platte River Road'' as well as others followed by emigrants to Oregon
and California that are significant in state and local history.
Passage of S. 213/H.R. 37 will allow Feasibility and Suitability
Studies to be made of these routes in order to determine if they are
eligible for addition to the National Historic Trails system.
(1) It seems rather ironic that the route of the first Oregon
pioneers has not been designated as part of the Oregon Trail. For years
the Whitman Mission Route, first traveled in 1836, was THE Oregon
Trail. As Narcissa Whitman wrote in 1840: ``We are emphatically
situated on the highway between the States and the Columbia River.''
Narcissa and her husband, Dr. Marcus Whitman, along with the Rev. Henry
Spaulding and wife, Eliza, were Presbyterian missionaries from upper
New York State. Narcissa and Eliza, the first white women to cross the
Rocky Mountains, are remembered with a special marker at South Pass.
Their company took a two-wheel cart to Oregon, proving wheeled vehicles
could make the trip successfully. The Whitman Mission Route served as
the main stem of the Oregon Trail during the earliest years of the mass
overland migrations but later bypassed and so omitted from the 1978
designated Oregon National Historic Trail.
The Whitman Mission National Historic Site at Walla Walla, WA,
interprets this trail story and its link with Native Americans as do
signs by the Oregon Trail Coordinating Council. Exhibits also interpret
this history at Tamastslikt Cultural Institute on the Umatilla Indian
Reservation near Pendleton, OR.
(2) In 1843-44, the Upper Columbia River Route became the only
trail to the Willamette Valley. A day's horseback journey west of the
Whitman Mission, it started at a Hudson Bay Company post, where
emigrants built rafts to float down the river to The Dalles, a
treacherous trip with loss of lives and belongings. The Applegate
family experienced such tragedy in 1843 when the river claimed the
lives of two 10-year-old cousins and another family member as a boat
upset in a whirlpool.
Emigrants could avoid the river by traveling along the bank,
negotiating steep cliffs and rocky shorelines. In 1844 Oregon emigrants
found a way to bypass the Whitman Mission completely by following the
Umatilla River to the Columbia, saving several days of travel. By the
late 1840s, use declined as emigrants followed new routes across the
desert south of the river.
Oregon Trail Coordinating Council signs interpret this route at two
kiosks and it is included in exhibits at the Columbia Gorge Discovery
Center in The Dalles.
(3) Although listed as part of the California and Pony Express
National Historic Trails in 1992, the Applegate Route has never been
included as part of Oregon National Historic Trail. Although also known
as the Southern Route to Oregon, it can only be marked with California
Trail signs, including one near the state capitol in Salem, Oregon.
Pioneers traveling this southern route left the Oregon Trail at the
Raft River, to continue towards California before turning north across
Nevada to Oregon.
The Applegate route, opened in 1846 by brothers Jesse and Lindsay
Applegate to avoid the Columbia River, served as an alternate southern
route; opened from west to east it met the California Trail along the
Humboldt River. Jesse Applegate lead the first company of 200 Oregon
pioneers with nearly 100 wagons. The route was used by both Oregon
pioneers and California-bound emigrants, who turned off to reach
northern California. After the 1848 discovery of gold, Oregonians
followed the Applegate Route to reach the northern California mines via
the Lassen Cutoff. Peter Burnett (later governor of California) led 150
pioneers with 50 wagons from Oregon City, taking the first wheeled
vehicles to Peter Lassen's ranch in the Sacramento Valley. Although
used for a decade, the Burnett Cutoff is not designated as part of any
National Historic Trail. Neither is the 1852 trail, which leads from
the Applegate route south of lower Klamath Lake to the Yreka (CA) area.
As ``shared routes,'' the Applegate Trail and these cutoffs should be
marked as part of both the Oregon and California National Historic
Trails while adding no new miles.
The Applegate Trail winds through the recently established Black
Rock Desert and High Rock Canyon National Conservation Area in Nevada.
Interpretation also includes 18 signs placed along the route in Oregon
by the Applegate Trail Coalition with support from the Oregon Trails
Coordinating Council to complement existing signs, exhibits and
commemorative markers. Museums and historical societies in southern
counties of Oregon have cooperated in publication of a trail guide for
this Southern Route.
(4) The Oregon Legislative Assembly proclaimed 1995 as the ``Year
of the Meek Cutoff Trail,'' opened 150 years earlier by 1,000 persons
with 200 wagons. This route, named for leader Stephen Meek, crossed the
middle of Oregon through high desert to the central Cascade mountains.
It is the most infamous of Oregon Trail routes because the company
became lost and could not find water; at least 23 persons died during
the 52-day ordeal. Rescue parties were sent from The Dalles, with help
from mountain man Moses ``Black'' Harris. The Meek Cutoff is
interpreted with several Oregon historical markers and BLM signs along
the route and an exhibit at the High Desert Museum in Bend, OR.
(5) An Oregon Trail route used from 1848 to 1884, this 1847 Cutoff
to the Barlow Road made it easier for emigrants to cross the Cascades
to Oregon City. The Cutoff saved 100 miles as well as a week of travel
time but could require three days to cross the Deschutes River before a
bridge was built in 1852. (The Barlow Road section of the Oregon
National Historic Trail provided an alternative route around Mount
Hood.) This Cutoff is interpreted with BLM signs, an Oregon Trails
Coordinating Council kiosk and Oregon historic markers as well as
driving tours and brochures by the Sherman County Historical Society.
(6) The Free Emigrant Road, opened in 1853, followed part of the
Meek cutoff before turning south and then west to continue north to
settlements at Eugene City. The Elijah Elliott train with 215 wagons
successfully crossed the desert in 1853 but became stranded in the
Cascade Mountains. A 70-mile water less stretch followed by October
snow and freezing mountain temperatures required rescue by a relief
party. In 1854, William Macy succeeded in leading 121 wagons across
both the desert and the Cascades following the newly completed Free
Emigrant Road, so named because no toll was charged (unlike the Barlow
Road). The road continued to be used through the 1860s with nearly 500
wagons and 2,500 persons traveling to the Willamette Valley. To date no
interpretive facilities exist. As Charlotte Pengra commented in 1853
``all are afraid to try it'' because at that time nothing was known
about the route.
(7) Established in 1845, the Cowlitz River Route led from the
river's headwaters to the southern tip of Puget Sound. Among early
settlers were the first black emigrants to the Pacific Northwest,
including the founder of the present-day Centralia. Ezra Meeker, who
followed this trail in 1852, became the first Oregon Trail
preservationist when he realized in 1906 the pioneer trail was fast
disappearing. He found an old wagon (exhibited at Washington State
Historical Museum in Tacoma) and began retracing the trail with an ox
team. Meeker presented programs and put up commemorative markers, with
school children often contributing pennies. Many of his markers still
survive including one at South Pass. Upon reaching the east cost Meeker
drove his wagon down Wall Street in New York City and later parked on
the lawn of the Capitol in Washington DC. His preservation efforts to
save the trail also included trips along the Oregon Trail by car, train
and airplane. Today his markers still interpret this trail.
(8) Connecting Fort Walla Walla (site of the Whitman Mission) to
the Puget Sound, the Naches Pass Trail was opened in 1853. It bypassed
both the Columbia River and the Willamette Valley and was known as the
``Walla Walla to Steilacoom Pioneer Citizen's Trail.'' Although it
required 68 river crossings, it saved 200 miles of travel. The existing
trail was improved for wagon travel in 1853 when Congress appropriated
$20,000 and Captain George McClellan (future Civil War general)
supervised clearing it for military use. Ezra Meeker, who traveled the
Oregon Trail six times, followed this route in 1854. In 1910, the
Washington and Oregon Historical Societies joined to mark the Naches
Pass Trail. Other interpretive activities include signs at various
sites.
(9) In Idaho the Northside Alternate followed the north side of the
Snake River from the vicinity of Fort Hall, passing Shoshone Falls, to
the Thousand Springs area where it connected with the North Alternate
Oregon Trail (see #10). The first Bishop to Oregon followed this route
in 1847 on horseback, while his wagons took the trail south of the
river to Three Island Crossing. In 1852 Dr. Thomas White found travel
along this northwest route to Fort Boise ``shortened nearly in half''
the distance and also had provided better grass and water. In 1993 a
BLM and Idaho State Historical Society trails publication stated
additional research was needed to determine trail usage but surface
evidence plus early township survey plats indicate heavy wagon travel.
(10) In 1852 a ferry established above Salmon Falls in Idaho made
it possible for emigrants to cross the Snake River to the north side.
At Teapot Dome this route followed the main trail to Boise. Known as
the North Alternate, in 1847 the Northside Alternate (#9) connected
with it while in 1869 Kelton Road, a freight and stage route, used it.
The North Alternate avoided a dry and difficult stretch of the Oregon
Trail from Salmon Falls across the desert to Three Island Crossing,
where it became the main northern route. The North Alternate is
interpreted at Malad Gorge State Park with additional segments marked
by the Hagerman Historical Society. BLM white posts also mark this
route, determined to be eligible for listing on the National Register
of Historic Places. The Oregon Trail story in this region is also
interpreted by a BLM site and park at Bonneville Point.
(11) The Goodale Cutoff began on the north side of the Snake River
at Ft. Hall in Idaho and rejoined the Oregon Trail south of Boise
Valley on the north side of the Snake River. It crossed the Lost River
and Camus Prairie following a traditional Shoshone Indian route,
avoiding an Oregon Trail loop along the Snake River. It was named for
Tim Goodale, a trader in the Snake Country, who lead a large combined
wagon train in 1862 across this route [known as the Jeffrey Cutoff in
1853-54]. According to Nellie Slater the 1862 company consisted of
1,238 wagons with 998 men and 300 women and children. This Cutoff
required a ``dreaded drive'' through ankle-deep dust before reaching
good water and feed on the Camus Prairie, according to Julius Merrill
in 1864. It followed the perimeter of Craters of the Moon National
Monument Area and is included in the National Register of Historic
Places. Wagons followed the Goodale Cutoff as late as 1904. Later
Goodale opened a north-west continuation of his Cutoff, crossing the
Powder River to join the Oregon Trail below Flagstaff Hill near Baker
City, Oregon. Preservation includes granite highway markers plus
marking on public lands by BLM and the OCTA-Idaho chapter. It was added
to the 1990 official Idaho highway map. In 1994 covered wagons rolled
along this route during a sesquicentennial re-enactment, and along
several Oregon Trail routes.
(12) Pioneers from the southeast and the south followed the
Cherokee-Overland Trail in Wyoming to reach the main route of the
Oregon-California Trail at Fort Bridger. They came primarily from
Arkansas, Oklahoma, Missouri, Tennessee and Texas. Not as crowded as
other trails, the Cherokee route provided more grass for livestock
while cholera did not threaten as on other trails. Cherokee Trail
emigrants followed part of the Santa Fe Trail before turning north
through Colorado to Wyoming. Emigrants from Cherokee and white
communities traveled together with the trail opened in 1849 by the
Evans/Cherokee Company of 40 wagons, the first to cross the Hasting
Cutoff that year. Among the company's officers were members of the
Cherokee Nation.
In June 1850, Thomas Fitzpatrick (mountain man, explorer and Indian
agent) reported 200 Cherokees with 60 wagons on the trail. Also in
1850, Captain Howard Stansbury of the U.S. Topographical Engineers
surveyed the Cherokee Trail in southwest Wyoming. Many Cherokee gold
rush pioneers followed the Applegate Trail but turned off at the Lassen
Cutoff, leading to the northern California gold mines.
Oregon emigrants began using the Cherokee-Overland Trail in 1852
while Mormons from Texas followed it to Utah beginning in 1853. In 1862
the Overland Stage Company followed the Cherokee Trail, adding
``Overland'' to its name. Mormon pioneers in the ``Out and Back''
companies traveled this route in the 1860s from the end of the railroad
in Rawlins, WY, to Salt Lake City. The Cherokee-Overland Trail has been
marked in Wyoming by the BLM and historic signs are located in Kansas
and California.
In conclusion, the Oregon-California Trails Assn. officers,
directors and 4,200 members join with us to urge this Senate Energy &
Natural Resources Subcommittee on National Parks to endorse S. 213/H.R.
37.
By the way, in 2001, OCTA members contributed 50,021 hours plus
$303,900. in expenses to our trails with a total value of just over $1
million. Their 2000 contributions also exceeded $1 million in value.
Thank you for your time. If you have any questions, we will gladly
try to answer them or get answers for you.
Senator Akaka. Thank you very much, Mr. Watson.
We welcome those of you that you just introduced to the
committee. I would like to call on Mr. Patrick Hearty for his
statement.
STATEMENT OF PATRICK HEARTY, NATIONAL TRAILS COMMITTEE CHAIR,
NATIONAL PONY EXPRESS ASSOCIATION, SOUTH JORDAN, UT
Mr. Hearty. Thank you, Mr. Chairman.
I would like to thank Senator Hatch for his kind
introduction, and also acknowledge the representatives from the
Cherokee Nation. I would like to speak on behalf of S. 213 and
H.R. 37, which will impact four National Historic Trails;
namely, the Oregon, California, Mormon Pioneer, and Pony
Express Trails, and in the time allotted, I would like to offer
three thoughts regarding this bill.
First, I would like to emphasize the importance to expand
the scope of these national trails, and Senator Hatch has
already discussed some of the inadequacies of the Mormon
Pioneer Trail. As presently constituted, it includes only the
1846 and 1847 route followed by Brigham Young, with his initial
party, called the Vanguard Company. Subsequent groups of Mormon
pioneers crossing Iowa traveled well to the north on trails
shared by other westbound immigrants.
The routes traveled by hand-cart companies are similarly
not included in the National historic trail as it presently
exists. In Wyoming, the Trail of Wagon Trains sent down from
Great Salt Lake City to pick up immigrants at the trail head,
called the down-and-back companies, is not recognized. Their
trail follows a portion of the Cherokee Trail.
In all, an estimated 70,000 members of the Church of Jesus
Christ of Latter Day Saints traveled the immigrant trails to
Utah prior to 1869, when the Transcontinental Railroad was
completed. The present Mormon Pioneer Trail adequately tells
the story of less than 200.
Second, I wish to reassure you that the establishment of
National Historic Trails is in no way detrimental to the rights
of private land owners along the trail. The National Pony
Express Association goes to great lengths to maintain good
relations with both private and public land owners and
managers. We conduct an annual horseback re-enactment along the
Pony Express Trail. A leather mail pouch, or mochila, is
relayed nearly 2,000 miles between St. Joseph, Missouri, and
Sacramento, California.
A significant number of the more than 500 participants in
our re-rides are farmers and ranchers along the trail. For
example, in western Utah, three generations of the David Bagley
family ride and carry the mail at Willow Springs Ranch in
Calio, where stands an original Pony Express Association. In
Nebraska, farmers like Scott Wolfe and Leonard Hilton are
leaders within our organization. They and others have been
known to literally shut off the tractor, saddle a horse to take
part in the re-ride, then put up the horse and return to the
tractor. The Pony Express National Historic Trail is a source
of pride to those who live and work on the land where the
history was made.
We are committed to the belief that, through cooperation
and some compromise, the needs of commercial enterprises such
as energy companies, ranchers, and others can be balanced with
those seeking recreation, and those of us working to protect
our history and heritage. Access to private land must remain
entirely under the control of the land owners. We have no
desire to see unreasonable impediments to energy development.
Multiple use is the key to successful management of public
lands.
Finally, I would like to remind you of the importance of
preserving our heritage through such vehicles as the National
Historic Trails. In an increasingly hectic and fast-paced
world, there is a need and a yearning to connect with simpler
times. This connection can be found on the trails of our
pioneer forebearers.
Many young people seem to lack a sense of where they belong
in the world in terms of time and place. Some turn to violence
and self-destructive behavior in their search for identity. The
historic trails can offer them an opportunity to learn through
experience and feeling what has gone before them, and hopefully
help them to gain an understanding of who they are and where
they are going.
If I may interject a personal note, I had the privilege and
honor to carry the Olympic torch on horseback for approximately
2 miles along the Pony Express National Historic Trail in
western Utah, and I point to this as an example of how
remarkable things can come to very ordinary people through our
National trails.
Finally, we have been advised that these matters concerning
the trails should be completed during this session of Congress.
Our friends do not wish to see it brought back next year, and
we have no wish to bring it back; therefore, I respectfully
request your favorable consideration for S. 213 and H.R. 35 to
preserve and protect the National Historic Trails.
Thank you, sir.
[The prepared statement of Mr. Hearty follows:]
Prepared Statement of Patrick Hearty, National Trails Committee Chair,
National Pony Express Association, South Jordan, UT
Chairman Akaka and distinguished members of the Senate Subcommittee
on National Parks, I am grateful for the opportunity to testify in
favor of S. 213, a bill which would amend the National Trails System
Act to allow an update of the feasibility and suitability studies of
four long distance National Historic Trails, providing for possible
additions to these trails. The National Pony Express Association is
pleased to support this legislation.
S. 213 would allow study of the feasibility and suitability of
additional routes and variants of the four long distance National
Historic Trails administered by the National Park Service Long Distance
Trails Office in Salt Lake City, Utah. The trails affected are the
Oregon, California, Mormon Pioneer, and Pony Express National Historic
Trails. The effect of this legislation would be to provide the
Secretary of the Interior with information regarding the
appropriateness of inclusion of additional routes and cutoffs as part
of the officially designated National Historic Trails.
The origins of the problems with these trails as presently
designated have been documented elsewhere and will not be reiterated
here (see the testimony of Jere L. Krakow, Superintendent of the NPS
Long Distance Trails Office). I would first like to discuss the
commitment of the National Pony Express Association to commemoration
and marking of the Pony Express National Historic Trail, and to the
promulgation of the history of the great enterprise we know as the Pony
Express.
The National Pony Express Association (NPEA) was incorporated in
California in 1978, ``organized for the perpetuation and recognition of
the historical running of the Pony Express.'' Our major activity each
year is a horseback re-enactment of the Pony Express, wherein a leather
mail pouch, or ``mochila,'' is relayed over approximately 2000 miles
between St. Joseph, MO, and Sacramento, CA. Participants come primarily
from the eight states crossed by the Pony Express Trail, but also
include members who reside in other states and several foreign
countries. Each state division also participates locally in parades and
fairs, provides programs for school and civic groups, and is engaged in
maintenance and marking projects on the trail itself.
NPEA has received national and international recognition while
carrying U.S. mail on horseback around a highway-closing mudslide in
American River Canyon, CA, in 1983, and while participating in the
Olympic Torch Relay in Colorado, Nebraska, Kansas, and Missouri, prior
to the 1996 Summer Olympic Games in Atlanta, GA. Our members have been
invited to ride in the Tournament of Roses Parade in Pasadena, CA, and
in the ``We the People'' Parade in Philadelphia, PA, in 1986. We have
enjoyed numerous other high-profile opportunities to share our pride in
the history and heritage of the American West.
Members of NPEA show our willingness to do our part through
activities along the trail. During the year 2001, NPEA members donated
over 23,000 volunteer hours, valued at over $320,000, and traveled more
than 246,000 miles in support of the Pony Express National Historic
Trail. This volunteer effort, valued at more than $403,000, comes from
an organization of approximately 800 members, having an annual
operating budget of $14,000. This time and effort are directed toward a
wide variety of projects, such as trail construction and clearance of
storm damage in California, marking the National Historic Trail across
portions of Nevada, and delivery of Christmas cards by Pony Express to
hospitalized children in Utah. Assistance with interpretive displays is
being provided for the Trails Interpretive Center in Casper, WY, and
for the Platte River Arch in Nebraska. In Julesburg, CO, a new bronze
statue honoring the riders of the Pony Express is being built. Trail
marking and scholarship programs in Kansas, and educational initiatives
in Missouri are helping the public to enjoy the story of the Pony
Express, and to know where significant events took place.
The National Pony Express Association works closely with our
Federal partners, the National Park Service, which has administrative
responsibility for the Trail, and the Bureau of Land Management and
National Forest Service, whose lands contain major portions of the
Trail in the western states. The association has cooperative agreements
and memoranda of understanding with the BLM and the Forest Service,
covering our activities on public lands under their jurisdiction. Park
Service Challenge Cost Share Grants are being used for projects in
several states, the largest being a $13,600 grant to our California
Division to help build a bridge on the South Fork of the American
River, and otherwise improve public access to the Pony Express Trail.
We are extremely grateful for the work done by dedicated employees of
these agencies, and we are proud to be the primary volunteer
organization with whom they work on matters pertaining to the Pony
Express National Historic Trail.
The NPEA also strives to maintain an excellent rapport with
ranchers and local land owners whose lands are crossed by the Pony
Express Trail. The 1992 legislation authorizing the Pony Express
National Historic Trail leaves all private property rights firmly in
the hands of the land owners. Sites and trial segments may be certified
and recognized by the National Park Service, at the request of the
landowner, but such certification provides no guarantee of access to
the general public, or to members of the managing agencies or volunteer
groups. All decisions regarding access, trail marking, interpretation,
etc., are left to the owner. A number of our members and re-ride
participants are, however, ranchers and farmers who are proud to
commemorate the important historic events which crossed their land.
Examples include Gary Barker, who serves as ride captain in Wyoming,
leading a group of riders across his family ranch on Yellow Creek,
south of Evanston, WY. Three generations of the Bagley/Anderson family,
owners of Willow Springs Ranch in western Utah, take part in the re-
ride, and offer hospitality and a tour of a Pony Express station to
members during the annual re-enactment. Near Seneca, Kansas, a Pony
Express silhouette is being placed on property owned be Robert Runback.
Many, many other examples exist of ranch families and land owners to
whom NPEA activities offer an opportunity to show their pride in their
heritage.
It is my hope that the preceding description of the dedication and
depth of involvement of the members of the National Pony Express
Association will help you to understand how highly we value our
National Historic Trails. Federal dollars invested in the historic
trails are leveraged many times over by volunteer groups such as NPEA.
Your support of S. 213, as well as other legislation and initiatives
benefitting our historic trails makes our effort seem worthwhile.
I have also been asked to speak on the importance of S. 213 to the
Mormon Pioneer National Historic Trail. I hope that my status as a
native Utahn, and past chairman of the Utah Historic Trails Consortium,
plus participation on the Utah Pioneer Sesquicentennial Celebration
Coordinating Council will serve as adequate credentials. Information
for this testimony has been provided by the Mormon Trails Association
in Utah, and by the Iowa Mormon Trails Association.
The Mormon Pioneer National Historic Trail was one of the first
Historic Trails, authorized in 1978. As it presently exists, it
recognizes only the 1846-47 route followed by Brigham Young's first
emigrant group, known as the Vanguard Company. In the subsequent years
prior to 1869, when the railroad was completed, a number of other
routes were followed by Mormon emigrants on their way to Utah
Territory. Most of those leaving Nauvoo in later companies traveled
across Iowa on trails well north of Brigham Young's ``Vanguard'' route.
Another significant example, also found in Iowa., is the route followed
by the ``Handcart Pioneers.'' A total of 2,962 people traveled west
using handcarts, most in the years 1856 and 1857. In the words of Loren
Horton of the Iowa Mormon Trails Association, ``The significance of
this number of people making a journey of that distance using such
equipment is unparalleled in the history of the frontier development in
the United States.''
In the years 1864-67, approximately 6500 westbound Mormon emigrants
used what is called the ``Nebraska City Cutoff'' across eastern
Nebraska, as they left the Missouri River to begin the westward trek.
As many as 17,000 traveled west by wagon train from the railhead in
North Platte, Nebraska, between 1860 and 1868. In central Wyoming in
the late 1860's, more that 6000 Mormon pioneers traveled on a portion
of the Cherokee Trail on their way to Utah Territory. On their final
approach to Great Salt Lake City, many followed Parley P. Pratt's
``Golden Pass Road,'' roughly along the route of modern-day Interstate
80. For details of the trail routes proposed for further study, please
refer to maps provided by the National Park Service. A complete listing
of Mormon emigrant routes traveled, and frequency of use has been
compiled by Mormon Trail scholar Ron Andersen. In all, an estimated
70,000 members of the Church of Jesus Christ of Latter Day Saints came
west on the emigrant trails prior to 1869 and the completion of the
transcontinental railroad. The present Mormon Pioneer Trail adequately
tells the story of less than 200.
Most of the Mormon Trail cut-offs and variants proposed for further
study were also used by Oregon and California bound pioneers. Some are
already designated as portions of the California National Historic
Trail. It is important that these shared routes receive recognition as
part of each National Historic Trail to which they pertain, so that a
more complete story of the westward migration can be told along the
trails. Inclusion of the appropriate shared routes will not add massive
numbers of miles to the trails. It will add greatly to the ability of
the Federal managers and volunteer groups to provide the public with a
more full and accurate picture of the opening of the West.
As with NPEA, the Mormon Trails Associations contribute massively
to the trails. The estimated contributions to the Mormon Pioneer Trail
for the year 2001 included 94,300 hours, and 335,500 miles traveled.
The total value of all contributions is calculated at over $2 million.
Once again, the federal dollars allocated for the National Historic
Trails are matched many times over by the efforts of dedicated
volunteers who work closely with the federal partners in support of the
trails.
As has been explained regarding the Pony Express Trail,
authorization of additional segments of the Mormon Pioneer National
Historic Trail will have no undesired effect on private lands. Land
owners will have complete control over visitation and access. No
wording regarding condemnation of private property is contained in the
original 1978 authorizing legislation, and none is sought in the
current bill.
The stories of the trails tell the history of the westward
expansion of our nation in the nineteenth century, of reaching out to
grasp the ``manifest destiny'' foreseen by the founding fathers. The
stories of adventure, the tales of sacrifice and hardship, need to be
remembered and retold, as do the stories of injustices and broken
promises. There are lessons for each of us in the chronicles of those
times. The public today seems to have an unprecedented interest in
trail history. In the fast-paced world in which we live, there exists a
great yearning to connect with a simpler time. There is also a great
desire to learn of our ancestors, to know where they traveled, what
they did and what they built. We can follow the trails they followed,
and perhaps see some of the things they saw, perhaps know some of the
feelings they felt. These opportunities must be preserved for the
future.
It may be that the paramount reason for preserving the trails and
their history lies with the youth. Too many young people in our society
grow up with no sense of who they are, or where they fit in terms of
time and place. They seek to compensate for their lack of direction by
indulgence in violent or self destructive behavior. Connecting with
Historic Trails could help young people to see history as a story on
the land, rather than merely a list of dates and places in a book. By
finding out where they come from, they may begin to grasp a sense of
who the are and where they are going.
Once again, I respectfully request your favorable consideration for
S. 213. Our lives and those of our posterity will be immeasurably
enriched by the preservation of the National Historic Trails. Thank
You.
Senator Akaka. Thank you for your statement, Mr. Hearty.
May I call on Gary Werner for your statement?
STATEMENT OF GARY WERNER, EXECUTIVE DIRECTOR, PARTNERSHIP FOR
THE NATIONAL TRAILS SYSTEM, MADISON, WI
Mr. Werner. Thank you, Mr. Chairman.
My name is Gary Werner; I am here from Madison, Wisconsin,
today. I am the executive director of the Partnership for the
National Trail System, which is a federation of 22 citizen
organizations that work in partnership with the National Parks
Service, the Bureau of Land Management, and the U.S. Forest
Service to help sustain our 22 national scenic and historic
trails.
Besides my colleagues here at the witness table, I am
joined with a number of people in the back of the room from,
and I just wish they would stand, I will not be able to give
you their names, but from the Ice Age, North Country, Pacific
Crest, Potomac Heritage, and Trail of Tears Associations, all
in support of S. 1069 and H.R. 834, providing the willing
seller authority for nine of the trails.
I also have letters of support from the Lewis and Clark
Trail Heritage Foundation, and from the Continental Divide
Trail Alliance, which I would like entered into the hearing
record, obviously, with my own statement.*
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* The letters can be found in the appendix.
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Senator Akaka. They will be included in the record.
Mr. Werner. You have already heard a number of statements,
primarily by Senator Levin and Director Stevenson, about the
importance of this legislation as remedial legislation to
correct inconsistencies within the National Trail System Act,
and provide for parity among the trails. The inconsistency, in
terms of having nine scenic and historic trails without willing
seller authority, and 13 with, provides a certain irony
actually, in that, for instance, the Mormon, Pioneer, Oregon-
California, and Pony Express Trails share essentially the same
route across the States of Kansas, Nebraska, and much of
Wyoming. And yet currently, the Federal agencies have willing
seller authority for two of these trails, but they do not for
the other two. And you kind of wonder, can they buy land for
all four trails under this, or can they only buy land for two,
and why should you have this disparity?
Secondly, it has been mentioned that since 1983, a total of
nine trails have been authorized, including the two most
recent, the Ala Kahakai National Historic Trail in Hawaii, and
the El Camino Real de Tierra Adentro National Historic Trail in
Texas and Mexico, with exactly the same kind of willing seller
authority being in these bills for the nine trails. It is also
sort of ironic that S. 1946, Senator Campbell's bill for the
Old Spanish Trail, has exactly the same willing authority as is
included in these two bills for the nine trails. I think that
the nine trails are being held to a standard that the other
trails are not, because the kinds of studies about how much
land might be involved, how many willing sellers have not been
done on the Old Spanish Trail, were not done on any of the
other trails for which willing seller authority has been
granted. So it seems to me if it is comfortable for Congress to
grant that authority for trails as recent as 2 years ago, it
ought to be equally comfortable for Congress to grant that
authority for trails that were authorized over 20 years ago. It
is a matter of fairness and parity, I think.
It is also a matter of adhering to the intent of the
National Trail System Act; which, among all of the authorities
that are provided to the Federal agencies to provide these
trails, is authority and intent to preserve resources,
cultural, natural, historic, scenic along these trails. So we
think it is important that this remedial legislation be
adopted.
Is there a need for this legislation? Yes, there is a need
for this legislation. We have figures which we have arrived at
through our partner organizations that are included in my
testimony which suggest that the four scenic trails, about
9,300 miles of trail, are only about half protected, and as
Senator Levin mentioned, will likely never be completed as
continuous footpaths without this authority for the Federal
Government.
On the historic trails, whereas Mr. Watson has mentioned,
its specific places/sites, that are the issue. Only about a
quarter of the over 730 such sites along these five trails
involved in the bill are protected.
In terms of Senator Campbell asking are there willing
sellers on the Continental Divide Trail, we happen to know of
at least one willing seller that would complete the trail
through the State of Wyoming, willing to sell, Senator Thomas,
easements to the Bureau of Land Management to accomplish that.
Most of the trails in the State of Wyoming are already on
public land. There are, I believe, 14 sites combined along the
Oregon and the Mormon Pioneer Trail on private land in the
State of Wyoming.
Anyway, we feel that it is time that these bills be passed.
We thank you for your consideration of them, and wholeheartedly
support passage.
[The prepared statement of Mr. Werner follows:]
Prepared Statement of Gary Werner, Executive Director, Partnership for
the National Trails System, Madison, WI
Mr. Chairman and members of the Subcommittee on National Parks:
The Partnership for the National Trails System strongly supports
H.R. 834 as adopted by the House of Representatives and S. 1069 as
introduced by Senator Carl Levin and urges the Subcommittee on National
Parks to promptly recommend them, as written, for a vote in the Senate.
The Partnership is a federation of 22 citizen organizations that
directly support and help manage national scenic and historic trails in
partnership with the National Park Service, USDA Forest Service, and
Bureau of Land Management.
H.R. 834 and S. 1069 are important remedial bills that correct a
gross disparity and inconsistency in the National Trails System Act.
While the Act was created by Congress in 1968 to foster and sustain a
nationwide system of trails with a full array of authority necessary
for Federal agencies to administer them, nine scenic or historic trails
were authorized between 1978 and 1986 without any Federal land
acquisition authority. Federal administering agencies lack the
fundamental and often essential means for protecting the integrity of
the resources and the continuity of the footpaths for nearly one-half
of the National Trails System, while Congress has provided those
agencies with such authority for the rest of the System.
This inconsistency of land acquisition authority severely hampers
appropriate administration of nearly one-half of the National Trails
System. Perhaps the most striking example of this inconsistency and
disparity is the four national historic trails administered by the
National Park Service in Salt Lake City, Utah. Currently, the Park
Service has authority to buy land from willing sellers along the
California and Pony Express National Historic Trails, but is prohibited
from doing so along the Oregon and Mormon Pioneer National Historic
Trails.
This inconsistency seems highly ironic since the four trails share
the same route across most of Nebraska, Wyoming and Utah. If a
landowner offers to sell land to the Federal government containing
historic traces of these four trails it is unclear what authority the
Park Service has to act upon.With authority to buy land for two of the
trails but not for the other two, would the conflicting authorities
cancel each other or would the land be able to be purchased for the two
trails and the other two left unrecognized on the site? Perhaps this is
an odd situation, but it illustrates a peculiar and frustrating
inconsistency in the Trails Act with important consequences for the
day-to-day management and protection of these trails.
In contrast, two trails were authorized before 1978 and 11 trails
have been authorized since 1983 with Federal land acquisition
authority. Congress has authorized Federal agencies to buy land from
``willing sellers'' for 11 trails added to the National Trails System
since 1983, including the two national historic trails, Ala Kahakai in
Hawaii and El Camino Real de Tierra Adentro in Texas and New Mexico,
authorized in 2000. To administer a consistent national system of
trails the authority for the trails should be consistent.
H.R. 834 and S. 1069 restore consistency and parity to the National
Trails System Act by providing willing seller land acquisition
authority, that has been provided to scenic and historic trails by
Congress since 1983, for the nine trails without acquisition authority
so that Federal agencies will be able to help protect critical natural
and cultural resources and the continuity of all 22 national scenic and
historic trails. The need and opportunity to use this authority will
arise at different times for the various trails. For some, the
authority may not be used for many years or only infrequently. For
others the need for this authority is more acute and it is likely to be
used as soon as Congress makes it available and to be used often.
Whether the authority is to be used sooner or later, to restore
consistency and parity to the National Trails System Act it is
important that H.R. 834 and S. 1069 include, as they do, all nine
trails for which Federal agencies currently are prohibited from buying
land.
H.R. 834 and S. 1069 also restore a basic property right to
landowners. One of the basic property rights is the right of a
landowner to sell the property when he or she wants to do so to
whomever he or she wants to sell it. Section 10(c) of the National
Trails System Act, as currently written, diminishes that right for
thousands of people who own land along four national scenic trails and
five national historic trails, by prohibiting Federal agencies from
buying their land. Many of these landowners have offered to sell their
land to the Federal government to permanently protect important
historical features that their families have protected for generations
or to maintain the continuity of a national scenic trail for use by
hikers or equestrians. By prohibiting Federal agencies from acquiring
land from certain landowners the law effectively prohibits these
landowners from selling their lands as they may desire, an infringement
of civil and property rights. H.R. 834 and S. 1069 restore this basic
property right to sell their land to the Federal government, if they
desire to do so, to thousands of landowners.
Congress enacted the National Trails System Act in 1968 ``to
provide the means to provide for the ever-increasing outdoor recreation
needs of an expanding population and in order to promote the
preservation of, public access to, travel within, and enjoyment and
appreciation of the open-air, outdoor areas and historic resources of
the Nation . . . by instituting a national system of recreation, scenic
and historic trails . . .'' These trails provide opportunities for
Americans and visitors from throughout the world to directly experience
the places where important episodes in our Nation's history occurred
and to recreate in the grandeur and beauty of our native landscape.
Among the fundamental responsibilities given to the Federal agencies
administering these trails are to protect their important cultural and
natural resources and to provide ``public access to [and] travel
within'' them. Yet they are prevented by Section 10(c) of the National
Trails System Act, as currently written, from directly preserving these
resources or from protecting a continuous right-of-way to allow
``public access to [and] travel within'' along nine of these trails--
nearly one-half of the National Trails System. H.R. 834 and S. 1069
restore the ability of the Federal agencies to carry out the
responsibility given to them by Congress in the National Trails System
Act to protect nationally significant components of our Nation's
cultural, natural and recreational heritage.
There is significant need for Federal agencies to be able to help
protect the resources and continuity of these trails by acquiring land
from willing sellers. The four national scenic trails affected by H.R.
834 and S. 1069 are projected to be 9,300 miles long when completed,
yet 20 years after their authorization only about 5,229 miles, slightly
more than half their length, are permanently protected for public
benefit. For the three trails in the eastern half of the country, the
Ice Age, North Country and Potomac Heritage Trails, which lie primarily
across private land, barely one-third, about 2,142 miles, of their
projected 6,100 mile length is permanently protected for public use.
In Michigan, the North Country National Scenic Trail faces
significant challenges. Pressures from rapidly expanding development
threaten the trail corridor throughout lower Michigan. Passing within
15 miles of Grand Rapids, the state's second largest city, the North
Country Trail will offer tremendous recreational opportunities to the
people of western Michigan. Yet, with only scattered public land
holdings in the area, the trail also is extremely vulnerable to
closures and relocations as private lands change hands. Ironically, in
the vacation areas of Traverse City, Petoskey and Mackinaw City, the
trail faces similar difficulties, as more and more people discovering
the recreational bounty of this region build second homes in the area.
In Michigan's upper peninsula, the challenge is different. Here,
permanent easements are needed across vast expanses of corporate land
to ensure the permanent protection of the trail. These challenges,
relating to development and long stretches of private and corporate
held lands, are common occurrences throughout the seven states linked
by this 4,600-mile long National Scenic Trail.
Even though most of the Continental Divide National Scenic Trail is
on public land there are several major gaps to be filled in order to
make the trail continuous from Canada to Mexico. Gaps across private
land in Colorado include about 10 miles around Muddy Pass near
Steamboat Springs and another 10 miles across lands adjacent to Arapaho
and Roosevelt National Forests in Clear Creek County. In New Mexico
there is a 40-mile long gap south of El Malpais National Monument and
in Wyoming the area north and south of Rawlins is a checkerboard of
public and private land from 19th Century land grants to the railroads.
Without the ability for Federal agencies to purchase permanent
rights-of-way from willing sellers it is unlikely that these trails
will ever be the continuous pathways intended by Congress.
The degree of protection of the five national historic trails
affected by this legislation is comparable to the condition of the four
national scenic trails. Only 194 of the 730 ``significant sites and
segments'' documented to date along the Oregon, Mormon Pioneer, Lewis
and Clark, Nez Perce and Iditarod National Historic Trails are
permanently protected. This amounts to only 26% of the recognized
places along these trails that can provide visitors first hand
experience of where important events of our Nation's history occurred.
The attached table documents the degree of protection of the resources
and rights-of-way for each of the nine trails affected by H.R. 834 and
S. 1069.
Without the ability for Federal agencies to acquire sites and
segments along these nine trails from willing sellers, irreplaceable
resources and experiences of our Nation's heritage will be lost
forever. Here are several examples of what is being lost to public
benefit along these trails for lack of Federal land acquisition
authority:
Lewis & Clark National Historic Trail
Two years ago, a real estate firm offered for sale an 180-acre
tract of land, which includes 50 acres of wooded Missouri River
frontage on the outskirts of Washburn, North Dakota. It is along one of
the rare free-flowing stretches of the Missouri River, south of
Garrison Dam. The land is within the view shed of the North Dakota
Lewis & Clark Interpretive Center, and very near the Fort Mandan
replica and park. It is also located close to an existing 4-H Camp.
The area is rich in cultural resources, as this stretch of the
Missouri River was home to numerous Mandan, Hidatsa and Arikara
villages. The wooded bottomlands in this region are also home to the
few pairs of nesting Bald Eagles in North Dakota. Whitetail deer,
Canada Geese, wild turkeys and other upland game populate the area.
Only 60 acres of the parcel is tillable land, the rest is either wooded
river frontage, or hilly pasture. However, the hills all offer a broad
vista of the Missouri River.
The North Dakota Lewis & Clark Bicentennial Foundation was willing
to administer this land, if it could be acquired. Without authority to
purchase this land, the National Park Service administrators of the
Lewis & Clark National Historic Trail could do nothing and saw this
land purchased by a private person, who may or may not preserve its
scenic quality.
Ice Age National Scenic Trail
Several properties in the towns of Middleton and Verona, in Dane
County, Wisconsin totaling about two miles of trail in a rapidly
urbanizing area, were put up for sale over the past several years.
Their purchase for the Ice Age Trail would have protected a nationally
significant portion of the terminal moraine of the most recent
continental glaciation, providing a stunning opportunity for the public
to appreciate and enjoy the contrast of two startlingly dissimilar
landscapes. Without public or private conservation buyers able to
purchase and protect these properties they were subdivided for rural
residential development.Only a narrow corridor was preserved by local
government zoning authority for the Ice Age Trail to weave among the
luxury homes.
North Country National Scenic Trail
At the west end of Watkins Glen State Park, New York is roughly a
half-mile of private woods, a thin strip along the creek that tumbles
into the Glen previously belonging to an adjacent farm. To the west of
the private strip is a long stretch of mostly state forest, so a days'
worth of walking is protected to the west. The Department of
Environmental Conservation had been negotiating with the farmer over
that strip along the creek for years, and he was willing, but the DEC
was waiting for funding. The property which would consolidate many
miles of trail and protect the hind end of a park potentially
beleaguered by development along its edges was held by a willing seller
who also seemed willing to wait.
However, the state waited too long. When they finally had the money
they found that he had sold out, unannounced, to a new party who, while
he hasn't thrown out the trail, isn't interested in selling to the
state.
H.R. 834 and S. 1069 provide the authority for federal
administering agencies to help protect the sites and segments critical
to preserving the integrity and continuity of nearly 1/2 of the
National Trails System. The willing seller land acquisition authority
provided for these nine trails and subsequent appropriations from the
Land & Water Conservation Fund will enable the Federal agencies
administering them to respond to such conservation opportunities as
they arise. Each year many sites and critical segments of these trails
are offered for sale. Here are several examples of important sites now
for sale by willing sellers along several of the trails affected by
H.R. 834 and S. 1069:
Ice Age National Scenic Trail
County Park Department and State Department of Natural Resources
agents are negotiating with owners of eight properties along the 50
miles of Ice Age Trail corridor crossing Dane County, Wisconsin. These
parcels include about 6 miles of potential trail to add to 15 miles
currently protected in one of Wisconsin's most rapidly growing
counties. If acquired they will help connect two Dane County Parks and
extend two State Wildlife Areas. Some of the purchases will be funded
through State and County funds matching a Land & Water Conservation
Fund grant. Funding for several of the purchases is yet to be secured
and several other landowners with property adjacent to these have
offered to sell them for the Ice Age Trail. Despite their best efforts
state and local agencies are not able to keep up with all the
opportunities afforded by a volatile real estate market.
Lewis & Clark National Historic Trail
White Bear Island near Great Falls, Montana is one of the islands
where Lewis and Clark cached some of their supplies on the way upriver.
The island is in private ownership and should be protected.
Canoe Camp near Great Falls, Montana. When Meriwether Lewis's
experimental iron boat failed, the expedition needed two more dug out
canoes. These canoes were hewn from large cottonwood trees at this
site. On July 15, 1805, the expedition ended the portage around the
Great Falls of the Missouri and headed upstream for the Rocky Mountains
and a meeting with the Lemhi-Shoshone Indians.
Mormon Pioneer National Historic Trail
The Hogsback Summit tract, 315 acres appraised at $473,000 on
October 1, 1998, is located in Summit and Morgan Counties, Utah. The
Mormon Pioneer Trail ascends the hill to Hogsback Summit, a rolling
sage plain with sweeping panorama of the Wasatch Mountains in the
distance. The property contains not only the ruts but also a spring on
the lower portion that was used for water and as a campsite by the
pioneer party in 1847. The tract sustains a sage grouse population and
drumming ground, rare in that part of Utah, and winter range for Elk.
Due to the location of the tract on a paved road to the north of a
rapidly growing mountain community, the resources are at risk. It is
directly in the path of mountain development.
Potomac Heritage National Scenic Trail
The Dennis Family in Loudoun County, Virginia, own a mile of
private Potomac River frontage that links two stretches of public park
land, a family group of tracts totaling 145 acres. Property around the
Dennis land is being subdivided and developed at high intensity in the
Washington suburban sprawl. Some of the Dennises would like to protect
their land as willing sellers, but they cannot do it without receiving
some payment. Protecting this land will tie almost five miles of
continuous undisturbed riverside trail experience together.
Across the Potomac in Maryland, the riverfront in Prince George's
County is being subdivided and former farms are being converted to
residential neighborhoods. The County Park Authority is interested in
getting rights-of-way for the Potomac Heritage National Scenic Trail,
and there are landowners there, such as the Vehover Tract owners near
Broad Creek, who would be very happy to sell either trail easements or
conservation easements that would protect natural Potomac River
landscapes and protect the Trail too.
H.R. 834 and S. 1069 provide the authority for Federal
administering agencies to respond to these and similar opportunities
provided by willing sellers to acquire land for recreation and
education that will be appreciated for generations to come. Federal
assistance will be a necessary complement to all the efforts of private
organizations and state and local agencies, such as those that recently
protected a section of the Crimson Bluffs along the Missouri River in
Montana on the Lewis and Clark National Historic Trail, to help protect
the nine national scenic and historic trails aided by this legislation.
For these reasons the Partnership for the National Trails System is
very grateful to Congressman McInnis for introducing H.R. 834 and
Senator Levin for introducing S. 1069 providing willing seller land
acquisition authority to Federal agencies for the nine trails. We ask
that the National Parks Subcommittee recommend adoption of H.R. 834 and
S. 1069 to the Senate. The Partnership for the National Trails System
appreciates the consideration you have given to H.R. 834 and S. 1069
and the opportunity to provide these comments in support of them for
the hearing record.
STATUS OF NINE NATIONAL SCENIC AND HISTORIC TRAILS WITHOUT FEDERAL LAND ACQUISITION AUTHORITY
----------------------------------------------------------------------------------------------------------------
Projected Protected Unprotected
National Scenic Trail length length length
----------------------------------------------------------------------------------------------------------------
Continental Divide Trail........................................ 3,200 miles 3,087 miles 113 miles
Ice Age Trail................................................... 1,200 miles 403 miles 797 miles
North Country Trail............................................. 4,200 miles 1,539 miles 2,661 miles
Potomac Heritage Trail.......................................... 700 miles 200 miles 500 miles
----------------------------------------------------------------------------------------------------------------
TOTAL....................................................... 9,300 miles 5,229 miles 4,071 miles
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
No.
National Historic Trail significant Protected Unprotected
sites/segments sites/segments sites/segments
----------------------------------------------------------------------------------------------------------------
Iditarod Trail.................................................. approx. 75 11 approx. 64
Lewis & Clark Trail............................................. approx. 270 123 approx. 147
Mormon Pioneer Trail............................................ 88 6 82
Nez Perce Trail................................................. 80 40 40
Oregon Trail.................................................... 217 14 203
----------------------------------------------------------------------------------------------------------------
TOTAL....................................................... 730 194 536
----------------------------------------------------------------------------------------------------------------
The figures given are the most accurate available; however they are approximate for all of these trails.
Improvements in mapping techniques and historic research are increasing understanding of the full nature of
these trails and the resources upon which they are based.
H.R. 834 and S. 1069 provide ``Willing Seller'' land acquisition authority to Federal agencies for these nine
trails.
Senator Akaka. Thank you very much for your statement, Mr.
Werner.
Now, may I call on Dru Bower for your statement?
STATEMENT OF DRU BOWER, VICE PRESIDENT, PETROLEUM ASSOCIATION
OF WYOMING, CASPER, WY
Ms. Bower. Thank you. Mr. Chairman, Senator Thomas, members
of the committee. My name is Dru Bower and I am the vice
president for the Petroleum Association of Wyoming, which I
will refer to as PAW in this testimony. PAW would like to thank
the subcommittee for the opportunity to testify on S. 213 and
S. 1069. We were asked here today to give the committee our
industry's perspective regarding trail designations and the
complexity of the issue as it pertains to Wyoming.
The mineral industry provides a solid job base for
residents and generates a significant portion of the State
revenues. Last year, the oil and gas industry accounted for
approximately 50 percent of the assessed valuation of property
in Wyoming. The mineral industry, oil, gas, and mined minerals,
provides 50 percent of the total education budget, and 60
percent of Wyoming's total annual budget.
Wyoming has the most miles of historic trails of any State
in the West. There are five congressionally designated trails
in Wyoming; however, the Oregon-California, Mormon, Pioneer,
and Pony Express are the four trails that complicate matters
for our industry. Possible additions to the trail system
include the Overland and Cherokee, and it is the potential
congressional designation of these two trails that concerns
PAW.
Let us be very clear. PAW does not oppose the designation
of additional trails. It is the restrictions imposed on the
mineral industry, by BLM, through its development of trail
management plans that is troubling.
In May 2001, Wyoming BLM announced it would be developing
guidelines to protect view sheds associated with
congressionally designated trails and provide management
recommendations and prescriptions for public specific trail
segments and sites that are eligible for listing on the
National Registry of Historic Places. I will speak directly to
BLM's effort for their guidance for managing surface-disturbing
activities in the vicinity of national historic trails.
Wyoming BLM charged itself with developing a program to
provide guidance which expanded the view shed protection area
around trails. The four congressionally designated trails have
a combined link of 1,260 miles as they cross the State of
Wyoming. Currently, the controlled surface use stipulation,
contained in the existing resource management plans for
protection of congressionally designated historic trails,
mandates that the area within a quarter mile of the visual
horizon, whichever is less, is to be an avoidance area for
surface-disturbing activities.
BLM, in its instruction memorandum, issued guidance to
arbitrarily expand that protection area beyond the quarter-mile
restriction to as far as 5 miles on either side of the trail.
This proposed policy change in managing for view sheds of
historic trails is a major land use action that would have an
extreme adverse effect on industry's ability to develop oil and
gas projects within an area of up to 12,000 square miles.
Trails were meant to settle the West, not preserve the West.
The oil and gas industry does not directly impact trails and
minimizes indirect impacts, but this instruction memorandum
unfairly restricted the industry before the proper scientific
analysis was completed.
This week, BLM is releasing a subsequent memorandum,
withdrawing the instruction memorandum for guidance, and
announced that it would be abide by the overriding stipulation
in the resource management plans until the trail plan is
completed, sent out for public review, and the resource
management plans are amended.
PAW supports this process; however, industry has seen the
blueprint of what to expect in the future, and should
additional trails be congressionally designated, they will then
be subject to a possible expanded protection measure, which may
significantly curtail development and violate valid existing
rights.
Even though Congress has not acted, the Overland and
Cherokee Trails are currently subject to the same restrictions
as congressionally designated trials in Wyoming; however, these
potential designations are complicated by the fact that they
travel through what is known as Checkerboard, or the land grant
area located in southwest Wyoming. This creates conflicts for:
One, the potential connection action, which could delay or deny
projects; and, two, a possible drainage situation.
Regarding S. 1069, as specifically related to land
acquisition from willing sellers, PAW's concern with this
legislation is that should a portion of the trail change
ownership, all valid existing rights must be honored by the new
land owner, and reasonable access must be assured. In
conclusion, PAW is not interested in preventing the designation
of additional congressional trails, and understands the
importance of protecting our Nation's history. We maintain that
the existing restriction of a quarter mile on either side of
the historic trail, or visual horizon, whichever is less, is
adequate.
Only in highly unique circumstances should the current
stipulation be expanded. We request the opportunity to work
with trail advocates, such as OCTA, to develop a proposal to
identify and protect unique trail resources, while preserving
economic opportunities.
Mr. Chairman, members of the committee, thank you again for
the opportunity to share with you our perspective regarding
congressionally designated trails in Wyoming.
[The prepared statement of Ms. Bower follows:]
Prepared Statement of Dru Bower, Vice-President, Petroleum Association
of Wyoming, Casper, WY
Mr. Chairman and members of the Committee, my name is Dru Bower and
I am Vice President of the Petroleum Association of Wyoming (PAW),
specializing in public land issues. PAW would like to thank the
Subcommittee on National Parks of the Committee on Energy and Natural
Resources for the opportunity to testify regarding Senate bills 213 and
1069, which pertain to different aspects of historic trail
designations. PAW is Wyoming's oldest and largest trade organization,
the members of which account for over ninety percent of the natural gas
and over seventy percent of the crude oil produced in the State. This
legislation will affect members of PAW.
PAW was asked here today to give the Committee our industry's
perspective regarding trail designations. In order to do this, a brief
history is necessary in understanding the complexity of the issue as it
pertains to natural resource development specifically in the State of
Wyoming.
MINERALS AND WYOMING
Wyoming is a uniquely rural state, with an abundance of
unpopulated, wide-open spaces. The 2000 Census reported that there are
approximately 494,000 people living in the State, which covers
62,664,960 acres. That equates to 126 acres for every man, woman and
child residing in the State. Public lands make up a significant portion
of our western states and in Wyoming, approximately forty-nine percent
(49%) of the surface and approximately sixty-six percent (66%) of the
mineral estate is owned by the federal government and managed by
agencies such as the United States Forest Service (USFS) and the Bureau
of Land Management (BLM). For those who have not had the opportunity to
conduct business in states that are primarily composed of federal land,
BLM and the Forest Service are the land managers and decision-makers
regarding all aspects of resource management.
The mineral industry provides a solid job base for residents and
generates a significant portion of the State revenues. This revenue
provides funding for the education of our children and other programs
that could not otherwise be supported absent new taxes on the state's
citizens. Last year, the oil and gas industry accounted for
approximately 50% of the assessed valuation of property in Wyoming.
This translates into $1,200 of taxes paid for every Wyoming resident.
The mineral industry (oil, gas and mined minerals) provides 50% of the
total education budget, and 60% of Wyoming's total annual budget. The
entire mineral industry generates 26,000 direct jobs. If one concludes
that there are three (3) indirect jobs for every direct job, the result
is 78,000 indirect jobs. Combined, a total of 104,000 jobs are
attributable to mineral development in the State. Wyoming also is the
largest contributor to the federal onshore minerals program with a
submission of approximately $900 million in fiscal year 2000 from
rents, royalties, and bonus bids on public lands. Fifty percent (50%)
of that total is allocated back to the State in which it was derived.
There is truly a four-way partnership with industry, federal, state,
and local governments. In western states, access to public lands is
critical for the very survival of its citizens in order to maintain
quality jobs and a reasonable tax base and revenue stream for State and
local governments.
HISTORIC TRAILS IN WYOMING AND INSTRUCTION MEMORANDUM WY-2002-001
Wyoming has the most miles of historic trails of any state in the
west. As I like to say, ``everyone came through Wyoming, but no one
wanted to stay''. There are five (5) congressionally designated trails
in Wyoming. The Nez Perce Trail, which runs through Yellowstone
National Park, and the Oregon, California, Mormon Pioneer, and Pony
Express Trails travel east to west across the entire State in southern
Wyoming. It is these four (4) trails in southwest Wyoming that
complicate matters for our industry. The proposed Senate bill, S. 213,
would specifically authorize the feasibility and suitability studies of
four national historic trails and provide for possible additions to
these existing trails. Additions to the trail system include two (2)
trails, the Overland and Cherokee, that travel east to west in southern
Wyoming, and it is the potential congressional designation of these two
(2) trails that concerns PAW. Let us be very clear, PAW does not oppose
the designation of additional trails--it is the restrictions imposed on
the mineral industry, by BLM, through its development of trail
management plans that is troubling.
For example, in May of 2001, Wyoming BLM announced it would be
developing guidelines to protect viewsheds associated with
congressionally designated trails and provide management
recommendations and prescriptions for specific trail segments and sites
that are eligible for listing on the National Register of Historic
Places. Wyoming BLM stated that this new directive was the result of
former President Clinton's Executive Order 13195, ``Trails for America
in the 21st Century'', which was signed on January 18, 2001. The
Executive Order outlines the directive to protect ``(b) the trail
corridors associated with national scenic trails and the high priority
potential sites and segments of national historic trails to the degrees
necessary to ensure that the values for which each trail was
established remain intact . . . (c) Coordinating maps and data for the
components of the national trails system and Millennium Trails network
to ensure that these trails are connected into a national system . .
.'' The Millennium Trails network allows for the classification of
National, Legacy, or Community Millennium Trails. Depending on the
protection measures implemented by BLM, this language in the Executive
Order could significantly curtail oil and gas development in Wyoming
and across the west. The Executive Order also establishes the ``Federal
Interagency Council on Trails'' and a ``Memorandum of Understanding of
National Historic and National Scenic Trails'', which was signed by
several agencies effective January 19, 2001. The mission of the
Memorandum of Understanding is to enhance and integrate all trails into
a fully connected system, coordinate mapping, signs and cultural
interpretations, and develop plans and recommendations for a national
trails registry and database.
It is because of this guidance (and Executive Order) that PAW is
concerned with the addition of congressionally designated trails. Just
this week, Wyoming BLM has withdrawn its Instruction Memorandum WY-
2002-001 (Interim Guidance for Managing Surface-Disturbing Activities
in the Vicinity of National Historic Trails), which addresses
guidelines for protection of congressionally designated trails. BLM
will continue to develop an Environmental Impact Statement (EIS) to
analyze for the Wyoming National Historic Trail Plan (WNHTP), which
will eventually be used to amend the Resource Management Plan's (RMP).
While the Instruction Memorandum (IM) is not in affect now, PAW has
seen the blueprint of where BLM wants to take this planning effort and
it is that concern which I will speak directly to today.
PROTECTION OF CONGRESSIONALLY DESIGNATED TRAILS
Since implementation of Executive Order 13195, Wyoming BLM charged
itself with developing a program to accomplish the following: 1)
Conduct a viewshed analysis five (5) miles from the centerline on each
side of the trail; 2) construct a predictive modeling process for
trails; 3) prepare a statewide context study to determine whether new
trail segments should be registered as historic; 4) determine cultural
and historical significance of trail segments; and 5) prepare a Trails
Management Plan to be used in amending Resource Management Plan's.
The four congressionally designated trails that would be affected
by these new guidelines are the Oregon, California, Mormon Pioneer, and
Pony Express, which have a combined length of 1,260 miles as they cross
the State of Wyoming. Currently, the Controlled Surface Use (CSU)
stipulation contained in the existing RMP's for protection of
congressionally designated historic trails mandates that the ``area
within 1/4 mile or the visual horizon (whichever is less) . . . is to
be an avoidance area for surface disturbing activities''. BLM, in
Instruction Memorandum WY-2002-001, issued guidance to arbitrarily
expand that protection area beyond the
1/4 mile restriction to as far as five (5) miles on either side of the
trail. This proposed policy change in managing for viewsheds of
historic trails, is a major land use action that would have an extreme
adverse effect on industry's ability to develop oil and gas projects
within an area of up to 12,000 square miles. PAW contends that BLM
prematurely assumed industry would have an adverse impact on trail
viewsheds before the proper analysis had been conducted and before
appropriate mitigation measures were even considered.
BLM declared in Instruction Memorandum WY-2002-001 as well as in
the Lease Notice No. 2, that based on Executive Order 13195, additional
protection measures need to be put in place to ``ensure trail corridors
are protected and that trail values remain intact''. Again, ``trial
corridors'' are being protected through the CSU stipulation in the
RMP's, which mandates that the ``area within 1/4 mile or the visual
horizon (whichever is less) of any contributing trail segment will be
an avoidance area for surface disturbing activities'' (1/4 mile on each
side of the trail). The Executive Order does not specifically outline
the distance for which the ``trail corridor'' should be protected and
it is only through BLM's latest interpretation that protection for
``trail corridors'' should be expanded beyond the ++ mile ``corridor''.
Further, industry does not directly impact trails and minimizes
indirect impacts, which complies with the protection of ``trail
values''. PAW holds that the current CSU stipulation of 1/4 mile on
each side of the trail satisfies the Executive Order for protection of
the ``trail corridor'' and ``trail values'' and no adverse impact will
occur due to development of the oil and gas resource.
BLM stated that the ``purpose of this Instruction Memorandum WY-
2002-001 was to establish interim policy and guidance for consistent
management among Wyoming Field Offices (FO's) for managing surface-
disturbing activities along National Historic Trails until such time as
the Wyoming National Historic Trail Plan (WNHTP) is completed''. In
certain phases of this policy, BLM stated that the ``evaluation of the
condition of the trail landscape is a judgmental determination . . .''
made by the land managing specialist. PAW determined this guidance
failed to achieve its goal of establishing consistency among Field
Offices. Due to the subjective nature of the language used, this policy
would have had the opposite effect, which is increased inconsistency
and possible delay of industry projects.
BLM verbally stated on several occasions that this Instruction
Memorandum (IM) was not meant to delay or discourage oil and gas
projects. However, under the ``mitigation analysis'' section of the IM,
BLM stated that if the project was ``. . . in an area of manageability,
but cannot be practically mitigated, the manager may have discretion to
defer action until the RMP has been updated''. This was not a
reasonable option for industry. Most RMP's in southwest Wyoming are
just beginning their plan amendment process and will be completed in
three to four years. In the case of the Green River RMP, the Record of
Decision was signed in 1997 and it could be ten (10) to fifteen (15)
years before that document is updated, therefore, delaying project
approvals indefinitely. This policy, in fact, was already discouraging
development on thousands of acres in Wyoming where companies hold valid
existing leases that were issued by BLM without this additional
restriction.
The Instruction Memorandum WY-2002-001 went even further in
discouraging and delaying development by stating that the ``Field
Managers should be prepared to offer the lessee a suspension if
granting approvals are anticipated to exceed the 60-day limit''.
Placing leases in suspense for an unknown period of time is not an
acceptable, reasonable ``option'' for industry. Suspending leases does
not improve our nations energy independence.
PAW does not oppose reasonable protection measures for trails. In
fact, the natural resource industry protects cultural and historical
resources as much as or more than any other land use special interest
accessing trails. There are no permits issued to access or use trails
for recreational purposes, there are no exclusion stipulations for off-
road vehicle use (i.e. 1/4 mile on either side of the trail), and there
are even two-track roads running parallel to or on the trail so that
one may ``experience'' the same situation as the pioneers did one-
hundred-and-fifty (150) years ago and utilization of the two-track is
not considered a visual intrusion. Trails were meant to settle the
west, not preserve the west. The oil and gas industry does not directly
affect the trails and minimizes indirect impacts, but this IM unfairly
restricted industry before the proper scientific analysis was
completed.
PAW contends that the current CSU stipulation contained in the
RMP's should be the guiding protection measure until adequate analysis
has been conducted, the Trail Plan completed, subjected to public
review, and the RMP's have been amended. PAW holds that Instruction
Memorandum WY-2002-001 is contrary to the National Energy Policy and
Executive Order 13212 as it creates adverse impacts on energy
development, production, and distribution and is inconsistent with, and
violates the spirit of, President Bush's directives. Instruction
Memorandum 2002-053 was issued on December 12, 2001 by the Washington
BLM Office, ``Preparation of a Statement of Adverse Energy Impacts'',
which requires accountability from BLM for its decisions regarding
energy related projects. Instruction Memorandum 2002-053 specifically
mentions that denial or delay of energy projects due to ``. . .
withdrawals, road closures, Historic Trail designations, scenic
buffers, no leasing zones, no surface occupancy, and denial of access
to mineral materials to support energy actions that would adversely
impact energy development . . .'' must be documented. While this IM WY-
2002-001 does not overturn a decision made by the field manager, it
does affirm the Administration's overriding concern regarding
reasonable access to public lands and agency decisions, which
discourage or deny access for the purpose of developing mineral leases.
The National Historic Preservation Act, National Environmental
Policy Act, Federal Land Policy and Management Act; and 36 CFR 800
(Section 106: Consultation) have all been in effect for several decades
and have changed very little in content. It is only through this most
recent interpretation that land managers have significantly changed
their requirements. Again, PAW supports reasonable protection of
trails. In fact, industry currently provides more protection for trails
than any other resource utilizing public lands. As stated earlier, this
week Wyoming BLM released a subsequent memorandum withdrawing
Instruction Memorandum WY-2002-001 and announced that it would abide by
the overriding stipulation in the RMP's until the Wyoming National
Historic Trail Plan is completed, sent out for public review and used
to amend the RMP's. PAW supports this process; however, industry has
seen the blueprint of what to expect in the future and should
additional trails be congressionally designated, they will then be
subject to the expanded protection measure which may significantly
curtail development and violate valid existing rights.
OVERLAND AND CHEROKEE TRAILS
Even though Congress has not acted, the Overland and Cherokee
Trails are currently subject to the same restrictions as are
congressionally designated trails (an avoidance area of 1/4 mile or
visual horizon, whichever is less). However, these potential
designations are complicated by the fact that they travel through what
is known as ``checkerboard'' or the ``land grant'' area located in
southwest Wyoming. In the 1860's, the federal government deeded every
other section for twenty (20) miles on each side of the railroad to
Union Pacific as an incentive to continue building the Union Pacific
Railroad. Recently another company purchased Union Pacific Resources
(the natural resource development arm of Union Pacific) and acquired
those lands. This private company has expressed interest in further
development in the land grant area. Additional restrictions to protect
trails can only be enforced on public lands; however, two different
situations can and will arise.
First, when developing Environmental Assessments and Environmental
Impact Statements for BLM related projects, BLM must analyze for
cumulative impacts, regardless of land ownership, and often urges the
applicant to commit to additional, ``voluntary'' mitigation measures
regardless of land ownership and once the applicant agrees to the
committed measures, they then become ``conditions of approval''. This
procedure creates two troubling situations: 1) Should the applicant
oppose the additional ``voluntary'' mitigation measures on private
land, BLM denies the project; or 2) If the project is approved and the
applicant accepts the mitigation measures regardless of land ownership,
the land owners may deny access for the action based on the ``condition
of approval''. Many times BLM requests these measures before first
consulting with the land owner. Should the land owner deny access to
the operator to conduct the ``condition of approval'', BLM denies the
action. This concept of a ``connected action'' between public land and
private or state land is being vigorously applied and is troubling to
industry.
Second and just as concerning, is a potential loss of federal
minerals or ``drainage''. ``Drainage'' is a situation that arises when
there are adjoining leases and one is producing and the other is not.
The wells on the producing lease can ``drain'' the resources from
beneath the non-producing lease. If an operator desires to drill a well
on private lands within the checkerboard area and BLM has required
additional protection measures adjacent to federal lands, the operator
may choose to develop on private land where there are fewer
restrictions. By consistently drilling on private land, a drainage
situation may occur which will cause the loss of resources and
royalties to the federal government. This is not a prudent management
strategy by BLM, and its responsibility to achieve maximum benefit from
resources produced on public lands is thwarted. While PAW understands
BLM has the responsibility to manage public lands for all uses and that
it must analyze for the cumulative effects of a proposed action
regardless of land ownership, BLM does not have the authority to manage
private property for cultural resources or historic trails.
S. 1069
Senate bill S. 1069 is an Act relating specifically to land
acquisition from willing sellers. PAW's concern with this legislation
is that should a portion of the trail change ownership, all valid
existing rights must be honored by the new land owner and reasonable
access must be assured.
INDUSTRIES' COMMITMENT TO PROTECTION OF TRAILS
In a good faith effort, PAW met several times with members and
directors of the Oregon-California Trails Association (OCTA) as a
measure of understanding each other's needs and identifying locations
that require additional protection. We have both had some success in
negotiating and compromising for the benefit of both party's
viewpoints. PAW remains committed to continuing its work with OCTA and
finding ways to develop reasonable solutions for the proper protection
of trails.
CONCLUSION
PAW is not interested in preventing the designation of additional
congressional trails and understands the importance of protecting our
nation's history. We maintain that the existing restriction of a 1/4
mile on either side of the historic trail or visual horizon, whichever
is less, is adequate. We believe it is unreasonable to attempt to
exclude development simply due to visual presence within five (5) miles
from either side of the trail. Only in highly unique circumstances
should the current stipulation be expanded. We respectfully request
that the Committee consider giving PAW and other organizations a
reasonable amount of time to work with trail advocates, such as OCTA,
to develop a proposal to identify and protect unique trail resources
while preserving economic opportunities.
Mr. Chairman, members of the Committee, thank you again for the
opportunity to share with you our perspective regarding congressionally
designated trails in Wyoming.
Senator Akaka. Thank you very much for your statement, Ms.
Bower.
I have a question for Mr. Watson.
Mr. Watson. Yes, sir.
Senator Akaka. The general practice is that after Congress
authorizes a study to be undertaken for possible trail
designations, further congressional action is required to
designate a trail after the study is completed. This bill
authorizes the Secretary to designate these additional routes
without the need for further legislation.
If the study found the routes were appropriate for
addition, can you please explain why further congressional
action is not needed before designating these as additions?
Mr. Watson. No, I cannot, and we would have no problems in
coming back to Congress to get them approved, for those that
passed the test of the Trails Act to qualify.
Senator Akaka. Thank you for your brief answer. Mr. Werner,
you testified on the need for the willing seller legislation,
so that the Federal Government would have the ability to
protect critical resources, and to acquire rights-of-way for
the trail. If this legislation is enacted and there is new
acquisition authority for the nine trails specified in the
bill, do you have any estimate as to how much land the Federal
agencies are going to need to acquire?
Mr. Werner. I do not have an estimate of how much land
would need to be acquired for each trail, as I have not, in my
written testimony, submitted. We have a general estimate of the
amount of the trail that is now currently completed, protected,
and open for use, and the amount that needs to be protected.
I know, and I understand this from working with people in
the National Park Service, and I assume this will be true for
the Bureau of Land Management and the Forest Service as well,
that a route for the trail is first determined through a
planning effort, and what parcels would be needed to actually,
in the case of a scenic trail, to finish a continuous route
that someone could walk would be identified for possible
purchase. And then if the land owners who own that land chose
to sell the land, each year, in the annual appropriations
process, the particular agency would bring a request to
Congress for approval, that would probably, I would assume,
involve maybe a number of parcels, half a dozen to a dozen or
more, that had been worked out under negotiation.
I know this was the practice along the Appalachian Trail,
which you funded for acquisition for over 20 years; that, in
fact, you would have, each year, a fairly specific list of
parcels, and then a total amount of money to appropriate. In
the case of the historic trails, as several of us have
mentioned, it is not an intention to have a continuous right of
way, but rather to protect specific sites, and those sites, I
believe, have been identified in the comprehensive management
plans for each of the trails. But there again, it is all
totally dependent upon the desire of a land owner as a willing
seller to come forward and say he or she would like to sell
land, and at that point, you would have to determine how much
land might need to be acquired, so it is very difficult to
predict ahead of time.
Senator Akaka. Ms. Bower, you have identified the concerns
of the Wyoming oil and gas industries regarding the effect of
trail designation on exploration activities in Wyoming. Do you
have any comments or response to their concerns that the trails
may affect oil and gas exploration?
Ms. Bower. Mr. Chairman, ``they'' being the Bureau of Land
Management or special interest groups?
Senator Akaka. Well, let me ask you another one.
Ms. Bower. Okay.
Senator Akaka. Can you please clarify for me one issue in
your testimony? With respect to the willing seller bill, is it
correct that you do not oppose the Federal Government acquiring
land from willing sellers for National Trail purposes, so long
as valid existing rights are protected?
Ms. Bower. Mr. Chairman, at this time that is our position.
If it is owned by private interests changing into Federal
control, or Federal control into private, we just want to make
sure that either way it goes, we have access to our valid
existing rights and are able to develop our leases. So that is
correct, Mr. Chairman.
Senator Akaka. Thank you very much.
Senator Thomas, any questions?
Senator Thomas. Thank you, Mr. Chairman. I am sorry I had
to miss part of the testimony. We are having a Energy mess on
the floor. No, that is not true. We are trying to get together
with how we are going to go on that.
Mr. Werner, I heard the last of yours. Would you think it
appropriate to have any sort of congressional input, or
limitation, to the acquisition of lands from a Federal agency
from a Federal--from a willing buyer--seller?
Mr. Werner. I know that you are the entity in the
Government which finally pays all our bills, and I think that
you have that authority and right to determine if the agency
brings forth an acquisition and says it is going to cost so
much money, to reject that because it costs too much money.
Senator Thomas. You do not think that this requires that
the agency bring it forth?
Mr. Werner. Well, as I was just mentioning to Senator
Akaka, the chairman, my understanding is that the way the
Appalachian Trail acquisition was conducted, that each year a
list of parcels was proposed for purchase with a total bottom
line. And that was brought forth in the appropriations process,
and I do not know, in the history of that, to what extent you
and your colleagues chose to accept the whole list and fund the
whole amount, or change the amount on a year-by-year basis.
But I know that that would be the--I assume that is the
same way that acquisitions are made for national parks, or
forests, and things like that, that you do----
Senator Thomas. No, that is not quite true. National Parks
comes with a bill that lays out what the acquisition is going
to be, and what the boundaries are going to be. If I read it
right, this bill just says, it authorizes the agency to--
extends to the Secretary to administer these trails, and
acquisition from willing sellers only. That is all it says. I
think some of us are concerned.
We are not anxious to have more Federal ownership than
there needs to be to accomplish the goal, and so that seems to
be one of the problems here, is that there ought to be some
kind of accountability, specifically before this purchase takes
place, I believe.
I agree with the willing seller part. I do not have a
particular problem with buying the lands; although, quite
frankly, when you take a look at the trails in the West and you
want a continuous trail of a thousand miles, there is a lot of
that trail that is not used. There are special parts along it
that become famous, and so on----
Mr. Werner. Right.
Senator Thomas [continuing). But the rest of it, it is the
trail. But at any rate, I think it would be better if we had
some kind of control on it.
Mr. Werner. You, of course, appreciate, and I know--I mean
I have had the distinct pleasure of being in Casper last
summer, as a number of us did, for our annual conference, and
have seen several of the locations along the historic trails,
like Independence Rock, and----
Senator Thomas. Absolutely.
Mr. Werner [continuing]. That those are specific sites,
that it is the preservation of those sites that are critical,
it is not all of the route in between. It is only for the
National scenic trails that Congress intended, and we are
trying to carry out the idea of a continuous right of way that
someone could walk. I realize that in some parts of Wyoming
that walk on the Continental Divide is quite an endurance.
Senator Thomas. I guess my point is, I do not have any
problem with the idea of being able to complete these trails
where it is appropriate, if you have willing sellers. I just am
saying that I think we ought to make a little adjustment so
that there is some accountability, in terms of the park having
looked at it before, having said here is what we want to buy,
here is what we can do, prove it, we can go. Those things are
done pretty easily here, but I am not prepared to let the
agency just have free reign to buy willing seller property.
One of the stories that I do not know exactly was, I will
sell you that right of way, I will sell you that trail, but you
have to buy my whole place.
Mr. Werner. If I could respond. I actually have worked over
the years for the Ice Age Park and Trail Foundation, a non-
profit partner with the National Park Service for the Ice Age
Scenic Trail in Wisconsin, and I did do a fair amount of
negotiation with land owners. Back there, as you appreciated,
it is a much different landscape than that that you have in
Wyoming. When we talk about whole parcels of land, we are
talking about 40 acres, or maybe 80 acres, or--a section 640,
that is a big piece of land.
What we had found repeatedly over the years, and this is
working with local units of government, State government buying
land for that trail, is that the land owners were saying, if
you want to buy the right of way across the 40-acre parcel, I
will be happy to sell it to you, but I am only going to sell
you the whole 40. Now, that is a lot different than, say,
selling a whole ranch in Wyoming, but that is one of the things
that you have to deal with when you are working with willing
sellers, because you have to find an accommodation to meet
their needs as well as your own.
What has been done in a number of cases is excess land has
been then--land not needed for the trail has been used to trade
to other land owners in exchange for their land to continue the
right of way for the trail. The other point is, in the case of
that trail, which I know is similar to the Appalachian Trail, I
know is similar to the Pacific Crest Trail, where Federal
agencies have done considerable acquisition, there has been a
very rigorous planning process, which, in fact, has identified
a specific route location for the trail, and an area in which
land could be purchased.
Now, the thing about willing seller is that you cannot,
like with a highway project, say, this is exactly where we want
to put it, and if you are not willing to sell your land to us,
we can take the land by eminent domain. You have to provide
enough leeway so that if this land owner does not want to have
the trail, but the land owner next to him or her does, you can
adjust that right of way a bit.
So the accountability that you are asking for, Senator,
which is, I agree with you, absolutely needed, I think comes
about through the planning process that would be undertaken for
each of these trails. There is no incentive for the agencies to
do it if they do not have the authority to purchase land from
willing sellers.
Senator Thomas. I am not willing to turn it entirely over
to the agency. I think they should do the study. I think they
should make the recommendation. I think they should come to us,
if it is anything sizeable, and we ought to have a rule in it.
You talk about if they have to buy more--have you heard of an
agency disposing of any land?
Mr. Werner. Well----
Senator Thomas. No, you have not.
Mr. Werner. I am familiar at the State level and local
level, and----
Senator Thomas. Well, I do not need that carried on,
particularly. The same is somewhat true with S. 213, and I use
Martin's Cove as the--Martin's Cove, as a matter of fact,
belongs to the BLM. So I suppose if they want to make that part
of the Mormon Trail, I guess they could probably do that. But,
again, I think if you are going to reach out, for instance, on
private lands and so on, there ought to be some study, some
recommendation here, and not--we cannot just grant the
authority for these guys to do whatever they want to on public
land, but with private land. That is my view.
Mr. Hearty. Senator Thomas?
Senator Thomas. Yes, sir.
Mr. Hearty. May I be so bold as to assert that to the very
best of my knowledge, S. 213 is concerned with study and
marking and designation of the trail, and not with acquisition
in any form, Martin's Cover, or otherwise?
Senator Thomas. Yes. We can do that now, right?
Mr. Hearty. Not as part of the Mormon Trail, because it is
not designated as part of the Mormon Trail. That is the
authority----
Senator Thomas. No, but they can designate it, and they
have. It has a special designation now for particular use. It
does not have to be part of the trail, because it was not part
of the trail in the first place. It was something that took
place as part of the trail, but it is off the trail. And that
is a little different because--but, again, you go to the
acquisition of private lands under this bill in some cases.
Mr. Hearty. I do not believe it is intended that way.
Senator Thomas. Well, I hope not, and we will try and make
sure that it is not. Well, thank you very much. Let me just say
finally that we need to--and it is not trails, particularly,
but we need to take a look at what our extension of park
responsibilities are going to be. We will have people come in
here and talk about, we do not have enough money, we do not
have enough money, and yet every time they come in, we are
giving them more responsibilities.
I do not know how you handle that, but we have about 15
different designations of the kinds of things that the Park
Service is now responsible for taking care of, and it is
getting to be a pretty heavy load. Which I--I mean, parks are
great for us but we do need to be kind of responsible at some
time and say what is the limit that this park can handle, or
can we do it some other way? In any event, Mr. Chairman, thank
you.
Mr. Watson. Senator, if I might comment, most of the work
being done on the trails is done by volunteers. And with our
Oregon-California Trails Association, last year our 4,000
members donated just over 50,000 hours to the trail, which is
slightly better than a 10 percent increase over the year
before, which supplements the agency's costs.
Mr. Watson.--costs.
Senator Thomas. No question. I admire what has been done
and people who voluntarily do it but we still--the Parks still
has the responsibility and that is what kind of sets it aside,
I guess.
Mr. Werner. I guess what we are just trying to remind you
of is that, frankly, we think this public/private partnership/
stewardship of public lands that you have in the National Trail
System, that has been fostered under the support you have
given, is a good model to perhaps apply to the stewardship of
more of our public land, and that we would encourage more
volunteers, and which I think is--you know, just as the
President is.
We are certainly doing our part and we are going to
continue to do our part.
Senator Thomas. You have done an excellent job, there is no
question. There are some ideas about how you manage some forest
sections that way, locally. I do not think they are going to go
very far, but nonetheless, that is an idea. So Mr. Chairman,
thank you. Thank you all for being here. I appreciate your
input. Thank you, Dru. It is nice to see you.
Ms. Bower. Thank you, sir.
Senator Akaka. Let me also join my friend here in thanking
you for being here this afternoon, and providing the statements
you have. That will be helpful to the committee.
The hearing record will remain open for 2 weeks, if anyone
wishes to submit additional comments or materials to be
included in the record. I want to thank you all very much, and
I welcome those who were introduced here by our witnesses, who
have come to join you here, and wish you a safe trip when you
return home.
Senator Thomas. Follow the trail.
Senator Akaka. Follow the trail. This hearing is adjourned.
[Whereupon, at 4:30 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
Statement of D. James Heaton, Kalamazoo, MI
I am an active volunteer with the Chief Noonday Chapter, North
Country Scenic Trail Association, here in SW Michigan. I hope that in
my lifetime, the North Country Trial will exist to provide the same
challenge and enjoyment for walkers visiting the northern tier of
states as the very successful Appalachian Trail does for the East.
I understand that your Subcommittee will be considering Senate Bill
S. 1069, the so-called Willing Seller Authority Legislation. The House
(H.R. 834) has already passed this critical legislation that will be
integral to the Trail's completion. I hope The Trail comes to past in
my lifetime.
Background information on the Trial can be obtained electronically
at: http://www.americanhiking.org/Policy/current/willingsel.html.
More detailed information can be found in the testimony submitted
by Gary Werner, Executive Director for the Partnership for the National
Trails System at:
http://www.northcountrytrail.org/testimony.pdf.
Thank you very much for helping the North Country Trail Association
overcome this watershed obstacle.
______
Statement of Charles Krammin, Hastings, MI
I try to get landowners permission for the North Country National
Scenic Trail to pass through their property. I run into many problems
(vandalism, hunting, trespassing, bikes, ATV's, snowmobiles, etc.) and
even if I do get permission it can change with change of ownership.
This requires trying to find a whole new corridor and many times
return to roads, which is not a good hike anymore. A willing seller
legislation would allow a more permanent nature once the trail is
allowed. This try of legislation is already allowed on the Appalachian
Trail, which I thru hiked in 1997-98, and am thankful that this was
permanently protected, for my once if a lifetime experience.
Please continue your good work on H.R. 834 and S. 1069.
______
Statement of Richard L. Ehli, Smithtown, NY
I urge you to support legislation known as the ``Willing Seller
Authority'' act, the purpose of which is to provide a means to fund
land acquisitions and easements for the putative National Trails
System. These ``linear parks'' will become increasingly valuable to
Americans in future years as the pressure of development continues to
reduce the remaining open space that is in private hands.
As one who has hiked the Appalachian Trail from Georgia to Maine, I
came to appreciate the foresight of Congress in the 1960s to protect
the Trail, much of which crossed private land. Had that step not been
taken, I think its character would have deteriorated by now from
numerous reroutes along public highways made necessary as land owners
sold off the wood lands it crossed to real estate developers.
The time to act is now!
______
Statement of Peter Wybron, York, NY
I support H.R. 834 and S. 1069, an amendment to the National Trails
System Act that would grant the federal government the authority to
purchase land and easements for the North Country Trail from willing
sellers. This bill is CRITICAL to our ability to complete the trail.
Thank you.
______
Statement of Todd Reich, Black River Falls, WI
I support S. 1069, to allow the government to purchase land to
complete the North Country trail. Without this ability it is doubtful
the trail will ever be complete.
______
Statement of Brian, Jill, and Mollie Hoort, Landsing, MI
I write to you to express my support for H.R. 834 and S. 1069,
amendments to the National Trails System Act. These bills are critical
for the completion of the North Country National Scenic Trail.
Please consider passing these amendments. In these times of urban
sprawl and busy schedules, trail resources are wonderful weekend
getaways for everyone at a minimum expense to government. These local
trail systems mean a great deal to us throughout the year.
Thank you for your consideration.
______
Statement of Peter D. Nordgren, Lake Nebagamon, WI
I would like to strongly express my support for S. 1069 and H.R.
834, legislation to grant ``willing seller'' authority to the National
Park Service for completion of trails under the National Trails System
Act.
I live near the North Country National Scenic Trail in northern
Wisconsin, and have hiked on this trail for more than 25 years. I would
like to see the North Country Trail completed across Wisconsin, for my
own recreational benefit and that of my neighbors. I'd like to see it
completed across its entire seven state, 4,600 mile route. To do this,
however, will require crossing many miles of private land.
I urge you to pass this bill to allow the Park Service to acquire
trail easements or lands from willing sellers, so that our trail can be
completed and available for the outdoor enjoyment of future
generations.
______
Lewis and Clark Trail Heritage Foundation, Inc.,
Great Falls, MT, March 5, 2002.
Sen. Akaka and Committee Members: I am writing today in support of
Federal willing buyer/willing seller legislation as provided in H.R.
834 and S. 1069. As president of the Lewis and Clark Trail Heritage
Foundation, I represent more than 3,200 citizens from across the United
States. The foundation is the private non-profit partner with the
National Park Service on the Lewis and Clark National Historic Trail.
Our Foundation's mission as the ``Keepers of the Story and Stewards
of the Trail'' connects us with many public and private agencies and
with private property owners along the 3,700-mile Lewis and Clark
Trail.
We respect the rights of private property owners. However, we see
difficulties arise when citizens wish to preserve a piece of history
with a federal land management agency. The Lewis and Clark National
Historic Trail is one of five national historic trails for which there
are no provisions for citizens to sell a trail site, or any land for
that matter, to the Federal government. Eight of the national historic
trails have such authority and so should the Lewis and Clark National
Historic Trail.
The Bicentennial of the Lewis and Clark Expedition is nearly upon
us and preservation of the Trail is foremost in the minds of many
Americans. We see S. 1069 as a positive step to assist private property
owners and the nation as a whole in efforts to preserve our heritage
and the story of the Corps of Volunteers for Northwest Discovery of
1803-06. We hope committee members and the full Senate will support
this legislation.
Sincerely,
Jane Sale Henley,
President.
Continental Divide Trail Alliance,
Pine, CO.
Hon. Daniel Akaka,
Subcommittee on National Parks and Recreation, Washington, DC.
Re: H.R. 834 & S. 1069--Willing Seller Acquisition Authority for Trails
Dear Senator Akaka: I am writing as a businessman, Wyoming
resident, and National Spokesperson for the Continental Divide Trail
Alliance to urge your support for S. 1069 and H.R. 834 providing
Federal agencies with authority to buy land from willing sellers along
the Continental Divide National Scenic Trail an eight other national
scenic and historic trails. I understand that this is the same
authority these agencies have for all of the rest of the national
scenic and historic trails.
My first involvement with the Continental Divide National Scenic
Trail came while I was Vice Chairman of the National Forest Foundation.
I received a personal request from the USDA Forest Service to help
create a public/private partnership in support of the multi-agency task
force directed by Congress to complete this trail. It was a challenging
request. However, the national historic trails; Lewis and Clark,
Oregon, Mormon Pioneer, Nez Perce and Iditarod, also affected by this
legislation, are key components of our heritage and I agreed to help.
Hundreds of thousands of tourists follow the routes of these
trails, bringing money with them into small towns and big cities.
Smaller in number, perhaps, but no less enthusiastic, are the hikers
and backpackers who come to explore the great beauty of the Rocky
Mountains by walking sections of the Continental Divide National Scenic
Trail in ever increasing numbers as this Trail is built. The
Continental Divide National Scenic Trail captures the imagination in
ways that other trails cannot.It is an element of the growing tourism
economies of the states through which it passes. It is also important
because it allows the average American from any walk of life or any
location to share our Western values, appreciate Western lands and
understand the need for their continued support of our Western way of
life. A trail, like a ski area, provides great recreational opportunity
with small visitor day impacts to forest lands or private landowner
rights which remain so important to those of us living in rural ranch
country.
In addition, the value of a completed national trail system will
provide invaluable opportunities for our citizens to live a healthy
lifestyle. Walking is the number one form of recreation in our country.
As you know, walking has numerous benefits for our population that is
demonstrating alarming tendencies toward a more sedentary lifestyle and
increased tendencies towards obesity and other related health risks.
I believe that we should give the Federal agencies that manage
these trails and the volunteers in organizations like the Continental
Divide Trail Alliance that contribute so much to sustain them all the
help possible to protect important historical sites along them and to
provide a continuous place to walk along the Continental Divide Trail.
Passage of S. 1069 or H.R. 834 will enable those agencies to do so,
while protecting and restoring the rights of private property owners.
I urge you to work for speedy passage of these beneficial bills.
With deepest respect,
Stephen A. Fausel.
______
Hayward, WI, March 14, 2002.
Hon. Daniel Akaka,
Chairman, Senate Subcommittee on National Parks, Dirksen Senate Office
Building, Washington, DC.
Subject: Trail Willing Seller Legislation
Dear Chairman Akaka: I am writing to express my support for H.R.
834 and S. 1069 which will permit the federal government to purchase
land and casements for the North Country Trail from willing sellers.
Much of the North Country Trail (about 2,600 miles) will cross land
that is presently private. Since private land ownership (including
corporate lands) is changing frequently, land and easement purchases
will limit trail re-locations due to changing land ownership.
Backpacking and hiking are my favorite hobbies. They help to keep
me physically fit, since much of my work involves pushing a pencil or
computer keys while seated at a desk. Backpacking and hiking trails
such as the North Country also provide relaxation from high pressure
work activities.
Very truly yours,
Robert R. Swanson Jr.,
Chemical Engineer (Contract).
______
Willits, CA, March 13, 2002.
Hon. Daniel Akaka,
Chairman, Senate Subcommittee on National Parks, Dirksen Senate Office
Building, Washington, DC.
Dear Chairman Akaka: I am writing to urge your support of an
amendment to the National Trails System Act that would grant the
Federal government the authority to purchase land and easements for the
National Trails System from willing sellers. This bill passed the House
last year (H.R. 334) and was recently introduced as S. 1069 in the
Senate.
The National Trails System Act in 1968 gave the Federal agencies
administering these trails the responsibility to protect their
important cultural and natural resources and to provide ``public access
to [and] travel within'' them. Yet, they are prevented by Section 10(c)
of the National Trails System Act, as currently written, from directly
preserving these resources or from protecting a continuous right-of-way
along nine of these trails--nearly one-half of the National Trails
System. H.R. 834 and S. 1069 restore the ability of the Federal
agencies to carry out the responsibility given to them by Congress in
the National Trails System Act to protect nationally significant
components of our Nation's cultural, natural and recreational heritage.
H.R. 834 and S. 1069 also restore a basic property right to
landowners: the right to sell the property when he or she wants to do
so to whomever he or she wants to sell it. Section 10(c) of the
National Trails System Act, as currently written, diminishes that right
for thousands of people who own land along four national scenic trails
and five national historic trails, by prohibiting Federal agencies from
buying their land. H.R. 834 and S. 1069 restore this basic property
right to sell their land to the Federal government should they desire
to do so.
For these reasons, I ask that the National Parks Subcommittee
recommend adoption of H.R. 834 and S. 1069 to the Senate.
Sincerely,
Richard Barfield.
______
Continental Divide Trail Society,
Baltimore MD, March 18, 2002.
Hon. Daniel Akaka,
Chairman, Senate Subcommittee on National Parks, Dirksen Senate Office
Building, Washington, DC.
Dear Senator Akaka: We are writing in support of S. 1069 and H.R.
834, the bills which would grant administering agencies the authority
to acquire lands for the Continental Divide National Scenic Trail and
other national trails on a willing seller basis.
There are a number of places where the route of the CDNST might be
improved if it could be relocated to lands that are currently in
private ownership. We are especially concerned about the safety
problems associated with the current routing along high-speed highways.
But we would also welcome some relocations that would enhance the
scenic or cultural enjoyment of the Trail in accordance with the
objectives set out in the National Trails System Act. The proposed
legislation would provide agencies with the necessary flexibility to
improve the recreational experience whenever a private landowner
indicated a willingness to sell his property.
I am sure that our members, who reside in over 40 states as well as
several foreign countries, share our enthusiastic support for passage.
We ask that these views be included in the hearing record on their
behalf.
Sincerely,
James R. Wolf,
Director.
______
Whitehall, MI, March 14, 2002.
Hon. Daniel Akaka,
Chairman, Senate Subcommittee on National Parks, Dirksen Senate Office
Building, Washington, DC.
Dear Chairman Akaka: I want to take this opportunity to express my
support for H.R. 834 and S. 1069. I am an avid hiker and have a dream
of someday thru-hiking the North Country Trail. This trail needs 2,600
miles of trail to build across what currently is private lands to be
complete and this amendment to the National Trails System Act is
crucial to our efforts to complete this trail. As evidenced by what has
occurred to land surrounding the Appalachian Trail, this amendment will
not only help to complete this trail but lands acquired will be
preserved for future generations to enjoy.
Thank you for your consideration.
Sincerely,
Richard M. Schultz.
______
Colorado State Parks Board Resolution Recommending Designation of the
Old Spanish Trail and the Northern Branch of the Old Spanish Trail as a
National Historic Trail
Whereas, the Colorado State Parks adopted a resolution on July 16,
1993, supporting legislative designation of the Old Spanish Trail and
the Northern Branch of the Old Spanish Trail as a historic trail; and
Whereas, the United States Congress adopted a Study Bill sponsored
by U.S. Senator Ben Nighthorse Campbell and Congressman Scott McInnis;
and
Whereas, the National Park Service has completed a study and has
not recommended designation as a National Historic Trail; and
Whereas, the Old Spanish Trail and the Northern Branch of the Old
Spanish Trail proceeded through much of Western Colorado and followed
part of the route traveled by the Dominguez-Escalante Expedition of
1776 and was part of the trails used by Indians, trappers, mountain men
and other early travelers in what is now the southwest part of the
United States; and
Whereas, the National Park Service study has only focused on the
time period from 1829 to 1848 in its historical analysis; and
Whereas, the Old Spanish Trail has an extensive history and should
be designated as a National Historic Trail by the Congress of the
United States.
Be It Resolved, that the Colorado State Parks, and the Colorado
State Parks Board hereby supports designation by the United States
Congress of the Old Spanish Trail and the Northern Branch of the Old
Spanish Trail as a historical trail.
Be It Further Resolved, that United States Senators from Colorado,
Ben Nighthorse Campbell and Wayne Allard, and United States
Representative, Scott McInnis, be contacted and are hereby requested to
initiate whatever efforts may be required to achieve National Historic
Trail designation for the Old Spanish Trail and the Northern Branch of
the Old Spanish Trail.
Be It Further Resolved, that copies of this Resolution be sent to
the Colorado Congressional Delegation and to such other federal, state
and local officials as may be interested in the Old Spanish Trail and
its Northern Branch.
ADOPTED unanimously this 22nd day of September 2000.
COLORADO STATE PARKS,
Laurie A. Mathews, Director.
COLORADO STATE PARKS BOARD,
Edward C. Callaway,
Chairman.
______
Old Spanish Trail Association,
Marysville, WA, March 5, 2002.
Hon. Daniel Akaka,
Chair, National Parks Subcommittee, Senate Energy and Natural Resources
Committee, Washington, DC.
Dear Senator Akaka: On behalf of the Old Spanish Trail Association,
a national organization established in 1994 to study, preserve and
protect the Old Spanish Trail, I urge the Senate Energy and Natural
Resources Subcommittee on National Parks to move S. 1946, the Old
Spanish Trail National Recognition Act of 2002, out of committee with a
Do Pass recommendation.
This action will elevate this route to its rightful place in the
pantheon of nationally significant historic trails, but it is the
implication of this nomination that is still more important. It
signifies that the Southwest, whose history has long been treated
separately from mainstream America, finally will be integrated with the
American nation in history as it is in geography. Braiding together
these strands of history will have a major impact on the teaching of
American history.
We look forward to working with the National Park Service to
develop a comprehensive management plan for the Old Spanish Trail. We
hope we can count on your support for S. 1946, a vitally important next
step in the effort to realize the Old Spanish Trail National Historic
Trail.
Very truly yours,
Elizabeth von Till Warren,
President.
______
Statement of Shane Henry, Assistant Director for Lands and Energy,
Colorado Department of Natural Resources, Denver, Colorado
Mr. Chairman, I would like to thank you and the Subcommittee on
National Parks for the opportunity to testify in support of the
designation of the Old Spanish Trail and its Northern Branch as a
National Historic Trail. I especially commend Senator Campbell for the
tireless leadership he has provided on this effort. Senator Campbell's
diligence, patience, and proven commitment to making this designation a
reality is certainly worth noting. I would also like to thank his
colleagues, Senator Allard and Congressman McInnis, and former Senator
Hank Brown for the strong interest and effective support they have
given to this issue. On behalf of Governor Bill Owens and the
Department of Natural Resources I offer Colorado's enthusiastic support
for S. 1946, a bill to designate the Old Spanish Trail and its Northern
Branch as a National Historic Trail.
The State of Colorado recognizes the Old Spanish Trail and its
Northern Branch as an important part of our State's rich and eventful
history. For centuries this well traveled trading route from Santa Fe
to Los Angeles provided abundant regional commerce from the earliest of
times. From the Utes, Navajos and Spanish explorers to New Mexican
traders, French-Canadian trappers and American Settlers, the Old
Spanish Trail and its Northern Branch played a significant role in all
cultures that occupied the diverse West. Whether reading through
journals of some of the most notable explorers who traveled this
route--such as Fathers Dominquez and Escalante, Kit Carson and Lt.
George Brewerton--or studying a historic map that shows the hundreds of
communities and settlements this trail once served, there is no doubt
as to the historical place this trail has in Colorado history.
Designation of the Old Spanish Trail and its Northern Branch as a
National Historic Trail would grant this historic trading route the
official recognition it so richly deserves.
The Colorado Department of Natural Resources has been an avid
supporter of this effort going back to 1993, when our State Parks Board
passed a resolution supporting historic trail designation of the Old
Spanish Trail and its Northern Branch. The Colorado Department of
Natural Resources and Colorado State Parks have followed with interest
the National Park Service's feasibility study and analysis. We have
also supported the efforts of the Old Spanish Trail Association and the
ad-hoc committee of volunteers in Grand Junction, whose remarkable
determination is largely responsible for why we are all here today.
To reaffirm its support, Colorado State Parks on September 22,
2000, unanimously adopted a resolution recognizing the historical value
of the Old Spanish Trail and its Northern Branch, and asked for
National Historic Trail designation by the Congress. I have included a
copy of this resolution to be entered into the hearing record as part
of this testimony.
The State of Colorado's support for the designation is especially
noteworthy today. As we speak, Governor Owens is announcing a
proclamation designating 2002 as the Year of Trails in Colorado, as a
way to celebrate the recreational and historic values that our amazing
network of trails offers to Colorado citizens and visitors. I can tell
you, the prospect of adding the Old Spanish Trail and its Northern
Branch to the list of National Historic Trails in the same year
Colorado is gearing up its promotion of state trails is exciting to
Governor Owens and the State of Colorado. Colorado recognizes the
numerous educational benefits and opportunities for historic
interpretation that this designation would provide the citizens of
Colorado. Perhaps just as important is the national perspective this
designation would give to state and local educational programs for use
in schools as they fill in the large ``gap'' in the National Historic
Trails map of the United States.
For all these reasons, Mr. Chairman, the State of Colorado is proud
to lend its support to this important designation effort. Designation
of the Old Spanish Trail and its Northern Branch has the support of
Governor Owens, the Colorado General Assembly, the Department of
Natural Resources and Colorado State Parks, CLUB 20, Mesa County, the
City of Grand Junction, and many other communities along the trail in
western Colorado. We hope this committee and ultimately Congress as a
whole will support this locally driven, multi-state initiative and move
with all deliberate speed to bring about its designation this year.
Thank you for the opportunity to testify on this important matter.
______
Second Regular Session
Sixty-Second General Assembly
STATE OF COLORADO
by senator teck, chlouber, and dyer; also representative smith,
alexander, berry, gagliardi, larson, and taylor.
SENATE JOINT MEMORIAL 00-002
memorializing the members of the congress of the united states to
dedicate the old spanish trail and the northern branch of the old
spanish trail as an historic trail
Whereas, The Old Spanish Trail, which ran between Santa Fe, New
Mexico, and Los Angeles, California, was the first trail into Utah and
is still the least known; and
Whereas, Frontiersmen and traders en route from Santa Fe to Los
Angeles blazed a circuitous route to the north through Utah; and
Whereas, Between 1839 and 1848, a major trade route was established
between Santa Fe and Los Angeles which stretched approximately 1,121
miles; and
Whereas, The Old Spanish Trail and the northern branch of the Old
Spanish Trail proceeded through much of western Colorado and followed
part of the route traveled by the Dominguez-Escalante Expedition of
1776; and
Whereas, In 1853, Captain John Williams Gunnison of the U.S. Corps
of Topographic Engineers was commissioned by the war department to find
a route for a railroad through the Colorado Rockies along the 38th
parallel; and
Whereas, During his expedition, Captain Gunnison came upon the
northern branch of the Old Spanish Trail in the San Luis Valley, which
he followed into eastern Utah; and
Whereas, The federal government's Salt Lake Wagon Road followed
portions of the Old Spanish Trail at the northern branch to bring
supplies to the Los Pinos Indian Agency in the Uncompahgre Valley and
the budding mining camp of Ouray, Colorado, in the late 1870's; and
Whereas, The Old Spanish Trail and its northern branch was
instrumental in the creation and establishment of many of western
Colorado's towns and communities, including Alamosa, many Monte
Saguache, Gunnison, Montrose, Olathe, Delta, Whitewater, Grand
Junction, Fruita, Loma, Pagosa Springs, Durango, Mancos, Dolores, and
Dove Creek; and
Whereas, Very little information is recorded about the northern
branch and much more can be learned about the Old Spanish Trail; and
Whereas, Beginning with the northern branch of the Old Spanish
Trail in the 1830's and 1840's, followed by the Gunnison Expedition of
1853 and the Salt Lake Wagon Road of the late 1870's, the Grand Valley
of western Colorado has been the site of an historic route for
travelers, now, therefore,
Be It Resolved by the Senate of the Sixty-second General Assembly
of the State of Colorado, the House of Representatives concurring
herein:
That the Congress of the United States is hereby memorialized to
adopt legislation that dedicates the Old Spanish Trail and the northern
branch of the Old Spanish Trail as an historic trail.
Be It Further Resolved, That copies of this Joint Memorial be sent
to the President of the United States. the President of the United
States Senate, the Speaker of the United States House of
Representatives, and each member of the Colorado congressional
delegation.
______
Testimony of the Navajo Nation on the Long Walk National Historic Trail
Study Act (H.R. 1384)
h.r. 134--long walk national historic trail study act
There is really a lot to this story, but I'll tell you just a
portion of it. The Journey to Fort Sumner began because of a
terrible war. That was what my grandmother told my mother, and
she passed the story on to me. My mother was probably a young
child at that time of the Long Walk. There is a place called
Dleesh Bii to (White Clay Spring), a little way southeast of
here. From there on up this way there used to be farms. One day
as some of the Dine were roasting corn from a pit, all of a
sudden a loud noise was heard from the direction of a place
call Atch'inna'ahi (Points Come Together). The noise resembled
thunder crashing. Our people were always on the alert, as it
was a fearful time. Other people sleeping on the hill also
heard the noise. Then someone yelled from the top of a hill, as
men did in those days. As the man was yelling, horses hoofs
were heard. The Utes were approaching fast. They attacked the
people who had been sleeping and killed a lot of them. Some
Dine fled up the hill where, on the very top, stood a man named
Ats'aali (Branch of the Wash) who saw the shooting and killing
taking place down below. He saw a lot of our people killed.
(This story was told by Yesbah Silversmith who at age 90
still herds sheep near her home in Lukachukai, AZ.)
INTRODUCTION
The Navajo Nation and its people have a rich and proud history. Our
history recounts the journeys of our ancestors into the present world.
(The Navajo are known as the Ni'hookaa' diyin dine `e bila'ashdla'ii
(Five Finger Earth Surface Holy People), the name given to the Navajos
by the Holy People at the time of their emergence into this world.)
From time immemorial the lands between the four cardinal mountains of
Sisnaajini (Blanca Peak, Alamosa, Colorado), Tsoodzil (Mount Taylor,
Grants, New Mexico), Dok'o'oosliid (San Francisco Peaks, Flagstaff,
Arizona), and Dibe Ntssa (Hesperus Mountains, Durango, Colorado) have
been the sacred homeland of the Navajo. It is in this world, Ni'hodis's
(the Glittering World) that a fairly recent historical event challenged
the Navajo people's very existence within the boundaries of the sacred
mountains of the Navajo land.
The Navajo people have a culture unique to the United States
Southwest. It has sustained the Navajos for countless generations. The
symbolism imbued in the landscape has created unbreakable ties between
the land and the people. It is the devotion to the sacred land and the
enduring culture that has fostered a viable sovereign nation that
continues to survive and prosper. It is the strong culture and sacred
landscape that the Navajo cherish, and these fundamental values will
keep the Navajo Nation and its people living between the four cardinal
mountains in their sacred homeland. It is the strong culture and sacred
landscape that the Navajo cherish. These fundamental values will keep
the Navajo Nation and its people living between the four cardinal
mountains in their sacred homeland. The strength of Navajo culture and
its ties to the land have been challenged throughout time and continues
to be challenged.
The Spanish and later Mexican governments forced themselves into
the aboriginal lands of the native population of the Southwest in the
late 1400s and early 1500s. By the mid 1800's, the Navajo people, after
approximately three centuries of unwelcome encroachment by Europeans
and later Americans, were reacting to a situation that was tearing away
their culture and land base. This era is bitterly remembered as a dark
page in Navajo history--when the United States set out to obliterate
Navajo culture, as a place known as Hweeldi, Bosque Redondo, or Fort
Sumner, NM.
THE LONG WALK
In the mid 1800s, before, during, and after the Civil War,
enslavement and slave trade of Navajo women and children was still
actively practiced in the Southwest. The slave raids were lead by
Mexican and American settlers in retaliation for raids by Navajos
against the communities that surrounded the Navajo lands.
In 1849 and 1850, several failed peace negotiations with the United
States government lead to a military campaign to subdue the Navajos.
The Army would not tolerate any humane treatment of Navajo people who
would not surrender. Realizing that the Navajos could not be subjugated
in their own land, the United States viewed removal as the only
alternative.
Beginning in early 1860, the U.S. military posts in Navajo land
under the leadership of Brigadier General James H. Carleton, set the
stage for the campaign against the Navajo people. Colonel Christopher
Carson, known as ``Kit Carson,'' commanded the Army troops that ravaged
Navajo country, rounding up the Navajos to be removed to a foreign
land. Almost every Navajo family today has their own family history
describing the terrifying destruction and annihilation wrought by the
determined Army campaign against the Navajos.
Hweeldi, more than 350 miles from Navajo land, was the desolate
site chosen to confine the Navajo people and force them to live
according to the foreign laws of the United States government.
Thousands of Navajos walked the entire distance to Fort Sumner under
the watchful eyes of the U.S. military.Thousands of Navajos endured the
trek, experiencing severe hunger, even starvation, and attacks from
other tribes, only to arrive at the vile, flat land with its appalling
living conditions that were devastatingly traumatic to the Navajo
people.
The Navajos were held as prisoners of war for four years at Fort
Sumner. Poor planning, drought conditions, severe winters, and
continued slave raids took their toll on the already suffering captive
Navajos. Finally, in the spring of 1868, the worn leaders begged to
return to the land within the Sacred Mountains. The drive to return to
their homeland kept the people alive, despite the vast distance to
which the Navajos had been removed. On June 1, 1868, a treaty was drawn
up that ended this nightmare and allowed the Navajos to walk 350 miles
back home.
Today, the Navajo Nation has approximately 280,000 members spread
across the vast reservation of more than 16,000,000 acres, and many
live in urban centers throughout the U.S., and around the world. We
still retain our language and many of our traditions. We are proud
people, and we remember our history, the history handed down to use by
our forefathers and mothers about the ordeal at Fort Sumner. The Navajo
Nation supports the designation of the Navajo Long Walk Trail so that
future generations of Navajo and other Americans will remember this
dark page of American history, and that will not happen again, here in
our Homeland, the United States of America.
RECOMMENDATIONS
The Navajo Nation urges Congress to defer to the Navajo
Nation in determining which route will be designated. Four
primary routes were used by the U.S. military during the Navajo
removal.
The Navajo Nation also recommends that Congress mandate that
the National Park Service consult with the Navajo Nation
regarding all interpretative material such as brochures, trail
markers, scenic off-ramps and the like.
The Navajo Nation urges Congress to add appropriations
authorization language to the bill so that the Navajo Nation
and the National Park Service are able to conduct the necessary
research, consultation, and maintenance of the Long Walk Trail.
CONCLUSION
The horrible accounts of this period in Navajo history are not
openly discussed or willingly shared by Navajo people. This test of
Navajo fortitude remains in the shadows of American history, left to be
forgotten. The proposed H.R. Bill 1384 Long Walk National Historic
Trail Study Act to Bosque Redondo will insure that this page of Navajo
and American history will be remembered and the Navajos who endured the
Long Walk and incarceration at Hweeldi are properly honored.
The Long Walk serves to remind society of the importance of
cultural perseverance, and its designation as a national historic trail
will help to ensure that this portion of Navajo history will never be
forgotten. Hence, the Navajo Nation and its people support H.R. Bill
1384 and respectfully request immediate legislative action to
memorialize this important ratify page in American history.
______
Statement of Hon. Doug Bereuter, U.S. Representative From Nebraska
Chairman Akaka, Senator Thomas and members of the Subcommittee: I
would like to begin by thanking you for giving me this opportunity to
express my strong support for S. 213 and the House companion bill, H.R.
37, which I introduced last year. I also sponsored a similar bill in
the previous congress.
I introduced H.R. 37 on January 3, 2001, and I am pleased to say
that the House approved the legislation by voice vote on June 6, 2001.
This bill is necessary and should be non-controversial. It is a
straight-forward effort to provide for a one-time feasibility study
update for four national historic trails--Oregon, California, Mormon
and Pony Express.
The measure simply recognizes the fact that there are additional
routes and cutoffs which may deserve inclusion in the National Trails
System. During the update period, the National Park Service will work
with the appropriate trails groups and other interested parties to
develop information on any new segment of trail in an effort to
determine if it meets the criteria for addition to the system. No
condemnation of private lands or Federal leases is to be contemplated
to add any of these routes to the trails.
Although the National Park Service is supportive of efforts to
examine these additional routes, it has determined that legislation is
needed to provide the authorization. That is the purpose of S. 213 and
H.R. 37.
All four trails covered in this legislation were instrumental in
opening the American West, but each has its own unique story to tell.
The California Trail enabled 70,000 people to follow their dream to the
Golden State in 1849 and 1850. The Oregon Trail made it possible for
fur traders, settlers and others to reach the Pacific Northwest.
Although it lasted only about 18 months, the Pony Express achieved
a cherished role in American lore. Its daring riders, which included
Buffalo Bill Cody and Wild Bill Hickok, were able to deliver mail from
St. Joseph, Missouri to Sacramento, California in ten days. The Mormon
Pioneer Trail allowed the church members an opportunity to head west in
search of religious freedom.
These trails all follow at least part of the Platte River and
Nebraska is proud to have as one of its nicknames the ``Historic Trails
State.'' Many used the route through Nebraska to reach their goal
further west. Those with more foresight decided to settle in Nebraska.
I am pleased to note that during the 102nd Congress I introduced
the legislation which was enacted to designate the California National
Historic Trail and the Pony Express National Historic Trail as
components of the National Trails System. The bill being discussed
today will build on that effort and enable even greater recognition of
the contributions made by these bold and courageous pioneers. Those who
used the trails endured hardships that are difficult to imagine. They
survived hazards such as wild animals, blizzards and floods as well as
scarcity and disease.
To those who bravely made it to their destination and those who
died along the way we owe a huge debt of gratitude. I believe that S.
213 and H.R. 37 will help to give proper recognition to the many heroic
individuals who played such an important role in settling the American
West.
I would also like to take this opportunity to express my
appreciation to the many dedicated volunteers who have been so
supportive of these national trails. In particular, I would like to
thank Bill and Jeanne Watson, with the Oregon-California Trail
Association, Pat Hearty with the Pony Express Trail Association, Ron
Anderson with the Mormon Trail Association, and Loren Horton with the
Iowa Mormon Trail Association. The efforts to preserve and provide
recognition for these trails is truly a grassroots labor of love
involving thousands of individuals.
Again, thank you for holding this hearing and giving me the
opportunity to testify in support of S. 213 and H.R. 37. I would
appreciate the Subcommittee's favorable consideration of this
legislation.