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107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-670
OLD SPANISH TRAIL RECOGNITION ACT OF 2002
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
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
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
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
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):
SECTION 5 OF THE NATIONAL TRAILS SYSTEM ACT
NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS
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.
* * * * * * *