[Senate Report 108-321]
[From the U.S. Government Publishing Office]
Calendar No. 677
108th Congress Report
SENATE
2d Session 108-321
======================================================================
EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL ACT
_______
August 25, 2004.--Ordered to be printed
Filed, under authority of the order of the Senate of July 22, 2004
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2052]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2052) to amend the National Trails System
Act to designate El Camino Real de los Tejas as a National
Historic Trail, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de los Tejas National
Historic Trail Act''.
SEC. 2. DESIGNATION OF EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC
TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(24) El camino real de los tejas national historic trail.--
``(A) In general.--El Camino Real de los Tejas (the Royal
Road to the Tejas) National Historic Trail, a combination of
historic routes (including the Old San Antonio Road) totaling
approximately 2,580 miles, extending from the Rio Grande near
Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana, as
generally depicted on the map entitled `El Camino Real de los
Tejas' contained in the report entitled `National Historic
Trail Feasibility Study and Environmental Assessment: El Camino
Real de los Tejas, Texas-Louisiana', dated July 1998.
``(B) Map.--A map generally depicting the trail shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.
``(C) Administration.--(i) The Secretary of the Interior
(referred to in this paragraph as `the Secretary') shall
administer the trail.
``(ii) The Secretary shall administer those portions of the
trail on non-Federal land only with the consent of the owner of
such land and when such trail portion qualifies for
certification as an officially established component of the
trail, consistent with section 3(a)(3). An owner's approval of
a certification agreement shall satisfy the consent
requirement. A certification agreement may be terminated at any
time.
``(iii) The designation of the trail does not authorize any
person to enter private property without the consent of the
owner.
``(D) Consultation.--The Secretary shall consult with
appropriate State and local agencies in the planning and
development of the trail.
``(E) Coordination of activities.--The Secretary may
coordinate with United States and Mexican public and
nongovernmental organizations, academic institutions, and, in
consultation with the Secretary of State, the Government of
Mexico and its political subdivisions, for the purpose of
exchanging trail information and research, fostering trail
preservation and educational programs, providing technical
assistance, and working to establish an international historic
trail with complementary preservation and education programs in
each nation.
``(F) Land acquisition.--The United States shall not
acquire for the trail any land or interest in land outside the
exterior boundary of any federally-administered area without
the consent of the owner of the land or interest in land.''.
Purpose of the Measure
The purpose of S. 2052 is to amend the National Trails
System Act to designate El Camino Real de los Tejas in Texas
and Louisiana as a National Historic Trail.
Background and Need
Used as early as the 1690's, El Camino Real de los Tejas
was an early road system that brought Anglo settlers and
volunteers from the United States to Texas. The roadway also
played a key role in General Antonio Lopez de Santa Ana's march
on Texas in early 1836, and the defeat of the Mexican army by
Texan forces under General Sam Houston at San Jacinto on April
21, 1836.
After Mexico's independence from Spain in 1821, Mexico
agreed to open Texas to American settlers through the efforts
of Stephen F. Austin. During the next decade, some 30,000
Anglo-Americans, along with 3,000 slaves, migrated into Texas
via the old Camino Real linking Natchitoches in Louisiana and
San Antonio in the Texas province.
As hostilities grew between the Mexican government and the
Texas settlers, the roads of the Camino Real de los Tejas
served an important military purpose. The former congressman
from Tennessee, David Crockett, used parts of the Camino Real
roads to reach the Alamo.
After the birth of the Texas Republic, the Camino Real de
los Tejas continued to serve as both a major thoroughfare for
migration into Texas and a military highway system, helping to
propel Texas into a unique and prosperous future. The
designation of the El Camino Real as a National Historic Trail
will allow future generations to experience and understand this
important piece of American history.
Legislative History
S. 2052 was introduced by Senator Hutchison on February 5,
2004. A similar bill, H.R. 4122, was introduced by
Representative Rodriguez on April 1, 2004. The Subcommittee on
National Parks held a hearing on S. 2052 on April 27, 2004. The
Committee on Energy and Natural Resources ordered S. 2052, as
amended, favorably reported on July 14, 2004.
Committee Recommendation
The Committee on Energy and Natural Resources, in an open
business session on July 14, 2004, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 2052, if
amended as described herein.
Committee Amendment
During its consideration of S. 2052, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
clarifying changes to language regarding the effect of the
trail designation on private property rights. The amendment
conforms the designation authority for El Camino Real de los
Tejas more closely to previously designated National Historic
Trails while clarifying that such designation will not
adversely affect private landowners. The amendment is described
in detail in the section-by-section analysis below.
Section-by-Section Analysis
Section 1 entitles this bill the ``El Camino Real de los
Tejas National Historic Trail Act.''
Section 2 amends section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)) to establish El Camino Real de Los
Tejas as a National Historic Trail. The section identifies the
trail route to be designated and provides that the trail is to
be administered by the Secretary of the Interior (Secretary).
The Secretary may administer non-Federal portions of the
trail only with the willing consent of the owner and only when
those lands qualify for certification as an officially
established section of the National Historic Trail. Approval of
the certification agreement by the property owner will serve as
adequate evidence of their consent. Notwithstanding Historic
Trail designation, no person is authorized to enter private
property without the consent of the property owner. The
Secretary is directed to consult with appropriate State and
local agencies in the planning and development of the trail.
The Secretary is also directed to coordinate with the
public of the United States and Mexico and with non-government
organizations to exchange data, research, technical assistance
and other information and to work toward the establishment of
an international trail with complementary education and
preservation programs.
Finally, the section makes clear that the United States may
not acquire any non-Federal land without the voluntary consent
of the owner.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 16, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2052, the El Camino
Real de los Tejas National Historic Trail Act.
If you wish further details on this estimate, we will
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 2052--El Camino Real de los Tejas National Historic Trail Act
S. 2052 would amend the National Trails System Act to
designate the El Camino Real de los Tejas (the Royal Road to
the Tejas) as a National Historic Trail. The segment of the El
Camino Real to be designated extends from the Rio Grande near
Laredo, Texas, to Natchitoches, Louisiana, a distance of 2,580
miles. The National Park Service (NPS) would administer the
trail and coordinate the efforts of U.S. and Mexican public and
private entities on trail education, interpretation, and
preservation.
Based on information provided by the NPS and assuming the
availability of appropriated funds, CBO estimates that
establishing, developing, and administering the proposed
historic trail would cost about $400,000 annually beginning in
fiscal year 2005. Of this amount, we estimate that the NPS
would spend a total of $300,000 over the next two or three
years to prepare a comprehensive management plan for the trail.
We expect that the balance of each year's expenses would cover
trail development, educational programs, and operation under
partnership agreements with Mexico and with local
organizations.
S. 2052 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2052.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2052.
Executive Communications
On March 30, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2052. These
reports had not been received when this report was filed. The
testimony provided by the Department of the Interior at the
Subcommittee hearing on S. 2052 follows:
Statement of Paul Hoffman, Deputy Assistant Secretary for Fish and
Wildlife and Parks, U.S. Department of the Interior
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. 2052, a bill to amend
the National Trails System Act to designate El Camino Real de
los Tejas as a National Historic Trail.
The Department supports S. 2052 with amendments to clarify
the differences between designation of the trail and certifying
sites and segments to be managed as part of the trail.
S. 2052 would add the Camino Real de los Tejas as a
national historic trail component of the National Trails System
only on publicly owned land. Making sites and segments of the
trail available for public use where the trail crosses
privately owned lands would be authorized only upon the consent
of the owner when the site qualifies for certification. Subject
to the provisions for privately owned lands, the bill would
designate a series of routes, totaling approximately 2,600
miles.
The designated trail would include the evolving routes of
the camino real as well as its successor, the Old San Antonio
Road. The trail would extend across a 550-mile-long corridor
from the Rio Grande near Eagle Pass and Laredo, Texas to
Natchitoches (pronounced Nack-a-dish), Louisiana with trail
administration provided by the Secretary of the Interior. No
land or interest in land outside the exterior boundaries of any
federally administered area could be acquired by the United
States for the trail except with the consent of the owner. S.
2052 also would allow the Secretary of the Interior to
coordinate activities with United States and Mexican public and
non-governmental organizations, academic institutions and, in
consultation with the Secretary of State, the government of
Mexico and its political subdivisions. Finally, the bill also
calls for the Department to consult with appropriate state
agencies including exchanging trail information and research,
fostering trail preservation and education programs, providing
technical assistance, and working to establish an international
historic trail with complementary preservation and education
programs in each nation.
The National Park Service (NPS) was authorized to study
both El Camino Real de los Tejas and the Old San Antonio Road
by P.L. 103-145. The National Historic Trail Feasibility Study
and Environmental Assessment, El Camino Real de los Tejas,
Texas--Louisiana was completed in July 1998. The study
concluded that both roads met all national historic trail
criteria as defined by the study provisions of the National
Trails System Act (16 U.S.C. 1244). The study was presented to
the National Park System Advisory Board and the board concurred
with the findings.
El Camino Real de los Tejas was the primary route between
the Spanish vice-regal capital of Mexico City and the Spanish
provincial capital of Tejas at Los Adaes (pronounced Uh-die-us)
(1721-73) and San Antonio (1773-1821). The camino real,
bringing Spanish and Mexican influences northeastward, led to
the exploration, conquest, colonization, settlement, migration,
military occupation, religious conversion, and cultural
interaction that helped shape what are now the southern
borderlands of the United States.
The Old San Antonio Road brought American immigrants and
influence westward to Texas during the early 19th century. This
large-scale immigration led to revolt, creation of the Texas
Republic and eventually its annexation to the United States,
which in turn precipitated war between the U.S. and Mexico.
While the entire route of El Camino Real de los Tejas
extended over 1,600 miles from Mexico City to Los Adaes, today
most of the route lies in Mexico. S. 2052 would allow for
collaborative programs with Mexican institutions, both public
and private, that would help in fully understanding the
history, geography, and cultures of the entire route. Interest
has been expressed by officials in Mexico for developing
preservation and education programs along Mexico's part of El
Camino Real de los Tejas. If this complementary program were
implemented, an international historic trail would be created
with benefits leading to an increase in mutual understanding
between our nations.
Partnerships and cooperation, keystones to the development
of the National Trails System, are essential to bring about the
preservation and interpretation of El Camino Real de los Tejas
resources. The trail crosses public and private lands and it is
important that the intent of the National Trails System Act be
met by respecting private property rights. Respecting property
rights will developsolid and long-lasting relationships with
partners and help stimulate and maintain a strong, grassroots-managed
trail system. It is also vital that we acknowledge the pride and
stewardship of all our partners, private and public, in their voluntary
and good faith efforts to preserve and appropriately share their part
of our national patrimony.
With continued and even increasing public interest and
efforts to help commemorate it, opportunities for partnerships
along El Camino Real de los Tejas are very promising. Long-term
success of the trail will depend on continued involvement from
partners as well as the States of Texas and Louisiana,
landowners, and other organizations and individuals. In that
regard, we would strongly encourage the early creation of a
non-profit trails organization to represent the various
constituencies along the trail and to enhance the public/
private partnerships that make nationally designated trails
successful.
Should S. 2052 be enacted, the NPS, subject to availability
of funds, would prepare a comprehensive management plan with
public input to identify the goals and objectives for trail
preservation, research, interpretation, public use, trail
marking, and cooperative management. The required national
historic trail advisory council would be established with broad
representation of those interested, including private
landowners, to advise on trail planning and administration
matters. The NPS would implement the plan by creating a trail
administration office to provide technical and limited
financial assistance for preservation, historical research,
planning and design for interpretation and development
projects. It would also manage the negotiating and certifying
of qualifying sites, trail segments, and interpretive
facilities. NPS would develop and manage the official trail
marker symbol, marking the route and negotiating agreements
with different trail partners. This would include establishing
agreements with Mexico to enrich our understanding of trail
history and to exchange information to enhance resource
preservation and public understanding. This would involve some
increased operational costs, although most trails have annual
funding of less than $300,000.
We believe there is some confusion with regard to the
language that seeks to assure that private property rights are
protected and we recommended that this language be clarified to
eliminate this confusion. When Congress adds a trail to the
National Trails System Act, designation of the trail and
certification of sites and segments are two separate actions.
Designation of the trail involves the acknowledgment of a
continuous route on a map with a beginning and an ending point.
This route is consistent with the findings of the study
completed for the trail.
However, the designation of this route does not mean that
each piece of land that makes up the route is open and
available for public use. Sites and segments are only available
for public use through the certification process whereby the
NPS would discuss with private landowners whether they would
like the portion of the trail through their property to be part
of the designated trail. No landowner is required to have his
property available for use even though a trail is designated by
Congress.
Should a landowner agree to have any site or segment
certified for a designated trail, the NPS Intermountain Region,
which administers eight national historic trails and would be
responsible for the trail designated by S. 2052, includes
language in its certification agreement to protect private
property rights. That language reads: ``The owner retains all
legal rights to the property, and nothing in this agreement is
to be construed as granting any legal authority to the National
Park Service over the property or any action by the owner.''
Landowners retain complete rights to their lands and only
participate in trail programs to the extent that they desire
through the certification process. Under existing authorities,
neither trail designation, nor certification gives the Federal
government any control over private lands.
Some of the language proposed in this bill to protect
private property rights is already found in the National Trails
System Act, and we believe creates confusion between the
designation and certification processes. We would be glad to
work with the committee on alternative language to eliminate
this confusion.
We appreciate the committee's interest in this legislation.
That concludes my remarks and I would be happy to respond to
any questions that you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 2052, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Public Law 90-543
AN ACT To establish a national trails system, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SHORT TITLE
Section 1. This Act may be cited as the ``National Trails
Sysem Ac''.
* * * * * * *
Sec. 5. (a) National scenic trails shall be authorized and
designated only by Act of Congress. There are hereby
established as the initial National Scenic Trails:
(1) The Appalachian Trail, a trail of approximately
two thousand miles extending generally along the
Appalachian Mountains from Mount Katahdin, Maine, to
Springer Mountain, Georgia. Insofar as practicable, the
right-of-way for such trail shall comprise the trail
depicted on the maps identified as ``Nationwide System
of Trails, Proposed Appalachian Trail, NST-AT-101-May
1967'', which shall be on file and available for public
inspection in the office of the Director of the
National Park Service. Where practicable, such rights-
of-way shall include lands protected for it under
agreements in effect as of the date of enactment of
this Act, to which Federal agencies and States were
parties. The Appalachian Trail shall be administered
primarily as a footpath by the Secretary of the
Interior, in consultation with the Secretary of
Agriculture.
* * * * * * *
(24) El camino real de los tejas national historic
trail.--
(A) In general.--El Camino Real de los Tejas
(the Royal Road to the Tejas) National Historic
Trail, a combination of historic routes
(including the Old San Antonio Road) totaling
approximately 2,580 miles, extending from the
Rio Grande near Eagle Pass and Laredo, Texas,
to Natchitoches, Louisiana, as generally
depicted on the map entitled ``El Camino Real
de los Tejas'' contained in the report entitled
``National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los
Tejas, Texas-Louisiana'', dated July 1998.
(B) Map.--A map generally depicting the trail
shall be on file and available for public
inspection in the appropriate offices of the
National Park Service.
(C) Administration.--(i) The Secretary of the
Interior (referred to in this paragraph as
``the Secretary'') shall administer the trail.
(ii) The Secretary shall administer those
portions of the trail on non-Federal land only
with the consent of the owner of such land and
when such trail portion qualifies for
certification as an officially established
component of the trail, consistent with section
3(a)(3). An owner's approval of a certification
agreement shall satisfy the consent
requirement. A certification agreement may be
terminated at any time.
(iii) The designation of the trail does not
authorize any person to enter private property
without the consent of the owner.
(D) Consultation.--The Secretary shall
consult with appropriate State and local
agencies in the planning and development of the
trail.
(E) Coordination of activities.--The
Secretary may coordinate with United States and
Mexican public and nongovernmental
organizations, academic institutions, and, in
consultation with the Secretary of State, the
Government of Mexico and its political
subdivisions, for the purpose of exchanging
trail information and research, fostering trail
preservation and educational programs,
providing technical assistance, and working to
establish an international historic trail with
complementary preservation and education
programs in each nation.
(F) Land acquisition.--The United States
shall not acquire for the trail any land or
interest in land outside the exterior boundary
of any federally-administered area without the
consent of the owner of the land or interest in
land.
* * * * * * *