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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-670


 September 23, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed


  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1946]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill (S. 
1946) to amend the National Trails System Act to designate the 
Old Spanish Trail as a National Historic Trail, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 1946 is to amend the National Trails 
System Act to designate the Old Spanish Trail as a National 
Historic Trail.

                  Background and Need for Legislation

    S. 1946 would designate the routes of the Old Spanish 
Trail, known as the Armijo Route and the North Branch, along 
with some additional side trails. During the time of its use 
(1829-1848), the 2,700 mile trail was considered to be the 
first viable overland trade route that ran between Santa Fe, 
New Mexico and Los Angeles, California, while winding its way 
through Colorado, Utah, Arizona and Nevada. It was used mostly 
by New Mexican traders transporting goods and emigrants from 
New Mexico and the east. The use of the route declined 
following the beginning of American control of what is today 
the southwestern United States as emigrants and others began to 
find alternative routes. In 1996, the National Park Service was 
directed to study the old Spanish Trail (section 402 of Public 
Law 104-333) to determine the suitability and feasibility of 
designating it as a national historic trail. In July 2001, the 
study was published with the conclusion that the trail met all 
national historic trail criteria. S. 1946 would designate the 
Old Spanish Trail as part of the National Trails System, 
preserve the trail, and recognize its contribution to Western 

                            Committee Action

    S. 1946 was introduced on February 14, 2002, by Senator Ben 
Nighthorse Campbell (R-CO). On August 1, 2002, the Senate 
passed the bill with amendments by unanimous consent. In the 
House of Representatives, the bill was referred to the 
Committee on Resources. On September 12, 2002, the Full 
Committee met to consider the bill. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 17, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1946, the Old 
Spanish Trail Recognition Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Deborah Reis.
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).

S. 1946--Old Spanish Trail Recognition Act of 2002

    S. 1946 would establish the Old Spanish National Historic 
Trail. The 3,500-mile trail would comprise four major routes 
and extend from New Mexico to California.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the National Park Service (NPS) would spend 
about $400,000 over the next two or three years to complete a 
comprehensive management plan for the new trail. In addition, 
we estimate that the NPS would spend about $500,000 annually to 
manage the trail beginning in 2003 or 2004. Thus, initial costs 
would total about $2 million over the next four to five years.
    The costs of subsequent trail development, which could 
occur over many years, are uncertain and cannot be determined 
until a management plan has been completed. Such costs include 
capital expenditures for visitor facilities as well as other 
one-time expenses for trail marking, exhibits, and interpretive 
materials. They vary significantly from trail to trail, 
depending on such factors as the length of the trail, federal 
ownership of land, and contributions by nonfederal entities 
such as nonprofit organizations and state agencies. The costs 
of developing the historic trail could range from under $1 
million (for signs and minimal facilities such as trailhead 
parking and wayside exhibits) to over $20 million (for multiple 
visitor centers and multimedia interpretive programs).
    The legislation 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 
    On June 28, 2002, CBO submitted a cost estimate for S. 1946 
as ordered reported by the Senate Committee on Energy and 
Natural Resources on June 5, 2002. The two versions of the 
legislation are identical, as are the estimated costs.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):



  Sec. 5. (a) National scenic and national historic trails 
shall be authorized and designated only by Act of Congress. 
There are hereby established the following National Scenic and 
National Historic Trails:
  (1)  * * *

           *       *       *       *       *       *       *

    [(21)] (22) Ala kahakai national historic trail.--
          (A)  * * *

           *       *       *       *       *       *       *

  (23) Old spanish national historic trail.--
          (A) In general.--The Old Spanish National Historic 
        Trail, an approximately 2,700 mile long trail extending 
        from Santa Fe, New Mexico, to Los Angeles, California, 
        that served as a major trade route between 1829 and 
        1848, as generally depicted on the maps numbered 1 
        through 9, as contained in the report entitled ``Old 
        Spanish Trail National Historic Trail Feasibility 
        Study'', dated July 2001, including the Armijo Route, 
        Northern Route, North Branch, and Mojave Road.
          (B) Map.--A map generally depicting the trail shall 
        be on file and available for public inspection in the 
        appropriate offices of the Department of the Interior.
          (C) Administration.--The trail shall be administered 
        by the Secretary of the Interior (referred to in this 
        paragraph as the ``Secretary'').
          (D) Land acquisition.--The United States shall not 
        acquire for the trail any land or interest in land 
        outside the exterior boundary of any federally-managed 
        area without the consent of the owner of the land or 
        interest in land.
          (E) Consultation.--The Secretary shall consult with 
        other Federal, State, local, and tribal agencies in the 
        administration of the trail.
          (F) Additional routes.--The Secretary may designate 
        additional routes to the trail if--
                  (i) the additional routes were included in 
                the Old Spanish Trail National Historic Trail 
                Feasibility Study, but were not recommended for 
                designation as a national historic trail; and
                  (ii) the Secretary determines that the 
                additional routes were used for trade and 
                commerce between 1829 and 1848.

           *       *       *       *       *       *       *