[Senate Report 105-305]
[From the U.S. Government Publishing Office]
Calendar No. 544
105th Congress Report
SENATE
2d Session 105-305
_______________________________________________________________________
EL CAMINO REAL DE TIERRA ADENTRO NATIONAL HISTORIC TRAIL ACT
_______
September 8 (legislative day, August 8), 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2039]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2039) to amend the National Trails System
Act to designate El Camino Real de Tierra Adentro as a National
Historic Trail, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 2039 is to designate the El Camino Real
de Tierra Adentro National Historic Trail, in New Mexico and
Texas, as a component of the National Trails System.
Background and Need
American Indians established routes for trade and
communication long before the arrival of the pioneers. One of
these trade routes later became known as the El Camino Real de
Tierra Adentro (the royal road of the Interior) and for more
than 300 years served as the primary route between the
southwestern United States and Mexico.
El Camino Real contributed to the exploration, conquest,
military occupation, colonization, and settlement of a large
segment of the borderlands. The historic trail facilitated the
immigration of Spanish colonials to New Mexico and other areas
of what would become the United States. The colonials also
fostered the spread of Catholicism, the growth of mining, and
the development of an extensive network of commerce. Traders
and travelers moving along the El Camino Real promoted cultural
interaction among Spaniards, Native Americans, Mexicans, and
Americans, particularly in the form of music, folk tales,
medicine, colloquialisms, architecture, language, and
agricultural practices.
The history of El Camino Real is more than a story of
famous explorers, dates, and settlements. It is a story of grit
and determination. In the 17th century, caravans of wagons and
livestock struggled for months to cross the desert and bring
supplies along El Camino Real to missions, mining towns, and
settlements in New Mexico. The route is a symbol of the
commercial exchange and cultural interaction between growing
nations and diverse ethnic groups that contributed to the
cultural evolution of the Southwestern United States.
Congress authorized a National Historic Trail Feasibility
Study for El Camino Real in 1993 (Public Law 103-144). The
National Park Service completed this study in March 1997 and
found that El Camino Real de Tierra Adentro met the criteria
for designation as a historic trail. El Camino Real reaches
from El Paso, Texas, to San Juan Pueblo, New Mexico, a distance
of 404 miles. Roughly 42 miles of the route are in Texas and
the remaining 362 miles are in New Mexico.
El Camino Real National Historic Trail would be
administered by the Secretary of the Interior through
partnerships with public agencies, nonprofit organizations, and
private landowners.
Legislative History
S. 2039 was introduced on May 6, 1998 by Senator Bingaman.
Since the bill's introduction, Senator Domenici has been added
as a cosponsor. The Subcommittee on National Parks, Historic
Preservation and Recreation held a hearing on S. 2039 on June
18, 1998.
At its business meeting on July 29, 1998, the Committee on
Energy and Natural Resources ordered S. 2039 favorably
reported.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on July 29, 1998, by an unanimous voice vote
of a quorum present, recommends that the Senate pass S. 2039.
Section-by-Section Analysis
Section 1 designates the bill's short title, the ``El
Camino Real de Tierra Adentro National Historic Trail Act.''
Section 2 lists the findings and purposes of the bill. The
findings include: (1) El Camino Real de Tierra Adentro (the
Royal Road of the Interior), served as the primary route
between the colonial Spanish capital of Mexico City and the
Spanish provincial capitals at San Juan de Los Caballeros, San
Gabriel, and Santa Fe; (2) the portion of El Camino Real in
what is now the United States extended between El Paso, Texas,
and present San Juan Pueblo, New Mexico, a distance of 404
miles; (3) El Camino Real is a symbol of the cultural
interaction between nations and ethnic groups and of the
commercial exchange that made possible the development and
growth of the borderland; (4) American Indian groups,
especially the Pueblo Indians of the Rio Grande, developed
trails for trade long before Europeans arrived; (5) in 1598,
Juan de Onate led a Spanish military expedition along those
trails to establish the northern portion of El Camino Real; (6)
during the Mexican National Period and part of the United
States Territorial Period, El Camino Real facilitated the
emigration of people to New Mexico and other areas that were to
become part of the United States; (7) the exploration,
conquest, colonization, settlement, religious conversion, and
military occupation of a large area of the borderland was made
possible by El Camino Real, the historical period of which
extended from 1598 to 1882; (8) American Indians, European
emigrants, miners, ranchers, soldiers, andmissionaries used El
Camino Real during the historic development of the borderland,
promoting cultural interaction among Spaniards, other Europeans,
American Indians, Mexicans, and Americans; and (9) El Camino Real
fostered the spread of Catholicism, mining, an extensive network of
commerce, and ethnic and cultural traditions including music, folklore,
medicine, foods, architecture, language, place names, irrigation
systems, and Spanish law.
Section 3 amends section 5(a) of the National Trails System
Act (NTSA) (16 U.S.C. 1244 (a)) to include El Camino Real de
Tierra Adentro National Historic Trail and authorizes the
Secretary of the Interior to administer the trail. Section 5(a)
of NTSA is also amended to designate the paragraphs relating to
the California National Historic Trail, the Pony Express
National Historic Trail, and the Selma to Montgomery National
Historic Trail as paragraphs (18), (19), and (20),
respectively. In addition, the section states that no land
outside the exterior boundaries of any federally administered
area may be acquired by the United States for the trail without
consent of the land owner. Section 3 also directs the Secretary
of the Interior to encourage volunteer trail groups to
participate in the development and maintenance of the trail and
directs the Secretary to consult with other Federal, State, and
local agencies, including Mexico, in administering the trail.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 17, 1998.
Hon. Frank Murkowski,
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. 2039, the El Camino
Real de Tierra Adentro National Historic Trail Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
June E. O'Neil, Director.
Enclosure.
congressional budget office cost estimate
S. 2039--El Camino Real de Tierra Adentro National Historic Trail Act
CBO estimates that implementing this legislation would cost
less than $500,000 annually, assuming the availability of
appropriated funds. The bill would not affect direct spending
or receipts, so pay-as-you-go procedures would not apply. S.
2039 contains no intergovernmental or private-sector mandates
as defined in the Unfunded Mandates Reform Act and would not
affect the budgets of state, local, or tribal governments.
S. 2039 would amend the National Trails System Act to
designate El Camino Real de Tierra Adentro (the Royal Road of
the Interior) as a National Historic Trail. The segment of the
El Camino Real considered for designation extends from El Paso,
Texas, to San Juan Pueblo, New Mexico, a distance of 404 miles.
The bill would provide for trail administration by the
Department of the Interior (DOI) and would permit the
department to coordinate with U.S. and Mexican public and
private entities on various trail preservation and enhancement
projects.
Upon enactment of the bill the National Park Service (NPS)
would prepare a comprehensive management plan, which would cost
about $300,000, mostly in fiscal years 1999 and 2000. Based on
information provided by the NPS, CBO estimates that DOI would
incur trail administration and preservation costs of about
$50,000 in 1999, increasing to about $300,000 annually by 2001.
In total, assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 2039 would cost about $200,000
in fiscal year 1999 and between $300,000 and $350,000 annually
thereafter.
The CBO staff contact for this estimate is Mark Grabowicz.
This estimate was approved by Paul N. Van de Water, 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. 2039. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
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
enactment of S. 2039, as ordered reported.
Executive Communications
The testimony of the Department of the Interior at the
Subcommittee hearing follows:
Statement of Destry Jarvis, Assistant Director, External Affairs, the
National Park Service, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you to present the Department
of the Interior's views on S. 2039, a bill to amend the
National Trails System Act to designate El Camino Real de
Tierra Adentro (The Royal Road of the Interior) as a National
Historic Trail. We strongly support this legislation and thank
Senator Bingaman for his sponsorship.
The bill is in keeping with the findings presented in the
March, 1997, National Park Service study authorized by Congress
(P.L. 103-144) and entitled: ``National Historic Trail
Feasibility Study--Environmental Assessment, El Camino Real de
Tierra Adentro, Texas--New Mexico.'' This study concluded that
El Camino Real de Tierra Adentro met all national historic
trail criteria as defined under the study provisions of the
National Trails System Act (P.L. 90-543). The study was also
presented to the National Park System Advisory Board and the
Board concurred with its finding of national significance.
If enacted S. 2039 would add the El Camino Real de Tierra
Adentro to the system of National Historic Trails. It would
designate a 404-mile trail from the Rio Grande border near El
Paso, Texas to San Juan Pueblo, New Mexico, and would provide
for trail administration by the Secretary of the Interior. The
bill would provide that 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 bill would encourage
volunteer trail groups to participate in the development and
maintenance of the trail and to consult with affected federal,
state, and tribal agencies in the administration of the trail.
Lastly, the bill would allow the Secretary of the Interior to
coordinate the 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, for the purpose of
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 story of El Camino Real de Tierra Adentro bridges
Spanish, Mexican, and United States Territorial periods from
1598 through 1882. It was first used by American Indians who
developed trade routes long before Europeans arrived; it then
served as the primary route between the Spanish colonial
capital of Mexico City and the Spanish provincial capitals at
San Juan de los Caballeros (1598-1600), San Gabriel (1600-
1609), and Santa Fe (1610-1821). The exploration, conquest,
colonization, settlement, religious conversion, and military
occupation of a large area of the borderland were made possible
by El Camino Real trail. It symbolizes the cultural interaction
between Spaniards, other Europeans, American Indians, Mexicans,
and Americans. It also facilitated the commercial and cultural
exchange that made possible the development and growth of the
borderlands. Indeed, while most Americans still believe that
the continent was settled by Europeans moving west across a
broad frontier, El Camino Real de Tierra Adentro demonstrates
that far-reaching European exploration and settlement of what
would become the United States occurred far earlier by way of
northward penetrating frontiers. El Camino Real de Tierra
Adentro would become the oldest trail currently included within
the National Trails System.
The National Park Service believes that S. 2039 accurately
addresses the overall national significance of the route.
During the course of the feasibility study we developed strong
collaborative relationships with the Bureau of Land Management,
the State of New Mexico, and Mexican government and academic
institutions. We jointly sponsored two binational symposia
during the study period. While the entire El Camino Real
extended over 1,600 miles from Mexico City, most of the route
lies in Mexico today. To under stand the 400 miles of El Camino
Real in the U.S. requires that the broad history of the entire
route be put in perspective. S. 2039 provides for collaborative
programs with Mexican institutions, both public and private,
that will greatly assist in fully understanding history,
geography, and cultures, and will better preserve trail
resources. There is every indication that Mexico would like to
establish a preservation and interpretation program for its
part of the El Camino Real. When this complementary program is
implemented in Mexico a truly international historic trail will
be created that will forge greater mutual understanding and
common ground between our two nations.
One of the hallmarks of the National Trails System Act is
its emphasis on partnerships and cooperation. These are vital
to effect the preservation and interpretation of the El Camino
Real's existing resources, be they extensive trail ruts,
mission or rancho structures, or archaeological sites. The
trail crosses public, private, and tribal lands. It is
important that we meet the intent of the National Trails System
Act by respecting private property rights so that we may
develop, good, long-lasting relationships with partners and
that we may foster and perpetuate a grassroots-managed trail
system. It is also essential that we acknowledge the
stewardship and pride of our partners, including private
landowners, in their voluntary and good-faith efforts to
preserve and appropriately share their part of our national
heritage. The National Trails System Act, through its
certification provisions and other incentives, provides the
means to successfully stimulate voluntary preservation and
interpretation efforts and to afford appropriate public use of
those sites or trail segments.
The opportunities for partnership along El Camino Real de
Tierra Adentro are great and we look forward to extending and
building on the excellent partnership we have with BLM and the
State of New Mexico. The success of the trail will depend
heavily on their involvement, as well as that of tribes,
landowners, and other organizations and individuals.
Should this legislation be enacted, the Department of the
Interior (DOI), subject to the availability of funds, would
first 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 DOI would implement
the plan by providing technical and limited financial
assistance for preservation, historical research, planning and
design for interpretation and development projects. DOI would
also manage negotiating and certifying qualifying sites,
segments, and interpretive facilities; developing and managing
the official trail marker symbol and marking the route;
negotiating agreements with varied partners to help achieve
trail purposes including establishing agreements with Mexico to
enrich our understanding of trail history, and to exchange
information so as to enhance preservation and public
understanding.
We appreciate the committee's interest in this legislation.
That concludes my remarks Mr. Chairman and members of the
committee. 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
the bill S. 2039, 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, as amended--October 2, 1968)
Sec. 5. (a) National Scenic and National Historic Trails
shall be authorized and designated only by an Act of Congress.
There are hereby established the following National Scenic and
National Historic Trails:
* * * * * * *
[( )] (18) The California National Historic Trail, a
route of approximately five thousand seven hundred
miles, including all routes and cutoffs, extending from
Independence and Saint Joseph, Missouri, and Council
Bluffs, Iowa, to various points in California and
Oregon, as generally described in the report of the
Department of the ``California Pony Express Trails,
Eligibility/Feasibility Study/Environmental
Assessment'' and dated September 1987. A map generally
depicting the route shall be on file and available for
public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be
administered by the Secretary of the Interior. No lands
or interests therein outside the exterior boundaries of
any federally administered area may be acquired by the
United States for the California National Historic
Trail except with the consent of the owner thereof.
[( )] (19) The Pony Express National Historic Trail,
a route of approximately one thousand nine hundred
miles, including the original route and subsequent
route changes, extending from Saint Joseph, Missouri,
to Sacramento, California, as generally described in
the report of the Department of the Interior prepared
pursuant to subsequent (b) of this section entitled
``California and Pony Express Trails, Eligibility/
Feasibility Study/Environmental Assessment'', and dated
September 1987. A map generally depicting the route
shall be on file and available for public inspection in
the Office of the National Park Service, Department of
the Interior. The trail shall be administered by the
Secretary of the Interior. 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.
[( )] (20) The Selma to Montgomery National Historic
Trail, consisting of 54 miles of city streets and
United States Highway 80 from Brown Chapel A.M.E.
Church in Selma to the State Capitol Building in
Montgomery, Alabama, traveled by voting rights
advocates during March 1965 to dramatize the need for
voting rights legislation, as generally described in
the report of the Secretary of the Interior prepared
pursuant to subsection (b) of this section entitled
``Selma to Montgomery'' and dated April 1993. Maps
depicting the route shall be on file and available for
public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be
administered in accordance with this Act, including
section 7(h). The Secretary of the Interior, acting
through the National Park Service, which shall be the
lead federal agency, shall cooperate with other
Federal, State and local authorities to preserve
historic sites along the route, including (but not
limited to) the Edmund Pettus Bridge and the Brown
Chapel A.M.E. Church.
(21) El Camino Real de Tierra Adentro.
(A) In general.--El Camino Real de Tierra
Adentro (the Royal Road of the Interior)
National Historic Trail, a 404 mile long trail
from the Rio Grande near El Paso, Texas to San
Juan Pueblo, New Mexico, as generally depicted
on the maps entitled ``United States Route: El
Camino Real de Tierra Adentro,'' contained in
the report prepared pursuant to subsection (b)
entitled ``National Historic Trail Feasibility
Study and Environmental Assessment: El Camino
Real de Tierra Adentro, Texas-New Mexico,''
dated March 1997.
(B) Map.--A map generally depicting the trail
shall be on file and available for public
inspection in the Office of the National Park
Service, Department of the Interior.
(D) Land acquisition.--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 or interest in
land.
(E) Volunteer groups consultation.--The
Secretary of the Interior shall--
(i) encourage volunteer trail groups
to participate in the development and
maintenance of the trail; and
(ii) consult with affected Federal,
State, and tribal agencies in the
administration of the trail.
(F) Coordination of activities.--The
Secretary of the Interior may coordinate 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, 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.