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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-232
======================================================================
TO AMEND THE NATIONAL TRAILS SYSTEM ACT TO DIRECT THE SECRETARY OF THE
INTERIOR TO CONDUCT A STUDY ON THE FEASIBILITY OF DESIGNATING THE CHIEF
STANDING BEAR NATIONAL HISTORIC TRAIL, AND FOR OTHER PURPOSES
_______
October 11, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2490]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2490) to amend the National Trails System Act to
direct the Secretary of the Interior to conduct a study on the
feasibility of designating the Chief Standing Bear National
Historic Trail, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. CHIEF STANDING BEAR NATIONAL HISTORIC TRAIL FEASIBILITY
STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is
amended by adding at the end the following:
``(xx) Chief standing bear national historic trail.--The
Chief Standing Bear Trail, extending approximately 550 miles
from Niobrara, Nebraska, to Ponca City, Oklahoma, which follows
the route taken by Chief Standing Bear and the Ponca people
during Federal Indian removal, and approximately 550 miles from
Ponca City, Oklahoma, through Omaha, Nebraska, to Niobrara,
Nebraska, which follows the return route taken by Chief
Standing Bear and the Ponca people.''.
Purpose of the Bill
The purpose of H.R. 2490 is to amend the National Trails
System Act to direct the Secretary of the Interior to conduct a
study on the feasibility of designating the Chief Standing Bear
National Historic Trail, and for other purposes.
Background and Need for Legislation
Chief Standing Bear of the Ponca Tribe was born on the
banks of the Niobrara River in what today is Nebraska sometime
around 1829-1834. In 1877, by federal action, Chief Standing
Bear and the Ponca were forced to leave their homeland in
Nebraska and relocate to Indian Territory. Chief Standing Bear
and the Ponca walked over 500 miles from Nebraska to Oklahoma,
facing harsh winter conditions and illness. Many members of the
Ponca Tribe perished during the tribe's first year in Indian
Territory, including Chief Standing Bear's son, Bear Shield.
Chief Standing Bear, determined to bury his son in their
homeland, led 30 members of his tribe back to their home in
Nebraska, where he was arrested. Chief Standing Bear petitioned
for a writ of habeas corpus, and the government sought to
dismiss the petition on the theory that Native Americans are
not persons or citizens with a right to sue. As a result, Chief
Standing Bear became the first Native American to be recognized
as a person in a federal court decision in 1879.\1\
---------------------------------------------------------------------------
\1\U.S. ex rel. Standing Bear v. Crook, 25 F. Cas. 695 (C.C.D. Neb.
1879) (No. 14,891).
---------------------------------------------------------------------------
To commemorate and elevate the story of Chief Standing Bear
and the Ponca Tribe's forced relocation to Oklahoma, H.R. 2490
requires the Secretary of the Interior to conduct a study on
the feasibility of designating the Chief Standing Bear National
Historic Trail. The Trail would be circular and extend
approximately 550 miles from Niobrara, Nebraska, to Ponca City,
Oklahoma, following the route taken by Chief Standing Bear and
the Ponca during Federal Indian Removal. The trail also charts
the Chief's return to Nebraska, commemorating the Chief's
return to the state as well as the historic 1879 decision.
Committee Action
H.R. 2490 was introduced on May 2, 2019, by Representative
Jeff Fortenberry (R-NE). The bill was referred solely to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests, and Public Lands. On
May 22, 2019, the Subcommittee held a hearing on the bill. On
September 18, 2019, the Natural Resources Committee met to
consider the bill. The Subcommittee was discharged by unanimous
consent. A technical amendment offered by Chair Grijalva #1 was
agreed to by unanimous consent. No additional amendments were
offered, and the bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 2490: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on May 22, 2019,
in the Longworth House Office Building.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 26, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2490, a bill to
amend the National Trails System Act to direct the Secretary of
the Interior to conduct a study on the feasibility of
designating the Chief Standing Bear National Historic Trail,
and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Hughes.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2490 would require the National Park Service (NPS) to
examine the feasibility of designating the Chief Standing Bear
Trail in the states of Nebraska and Oklahoma as a national
historic trail. Using information from the NPS, CBO estimates
that enacting H.R. 2490 would cost less than $500,000 over the
2019-2024 period. Such spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is David Hughes.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill is to amend the National Trails System
Act to direct the Secretary of the Interior to conduct a study
on the feasibility of designating the Chief Standing Bear
National Historic Trail.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
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) The Appalachian National Scenic 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 State 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.
(2) The Pacific Crest National Scenic Trail, a trail of
approximately two thousand three hundred fifty miles, extending
from the Mexican-California border northward generally along
the mountain ranges of the west coast States to the Canadian-
Washington border near Lake Ross, following the route as
generally depicted on the map, identified as ``Nationwide
System of Trails, Proposed Pacific Crest Trail, NST-PC-103-May
1967'' which shall be on file and available for public
inspection in the office of the Chief of the Forest Service.
The Pacific Crest Trail shall be administered by the Secretary
of Agriculture, in consultation with the Secretary of the
Interior.
(3) The Oregon National Historic Trail, a route of
approximately two thousand miles extending from near
Independence, Missouri, to the vicinity of Portland, Oregon,
following a route as depicted on maps identified as ``Primary
Route of the Oregon Trail 1841-1848'', in the Department of the
Interior's Oregon Trail study report dated April 1977, and
which shall be on file and available for public inspection in
the office of the Director of the National Park Service. The
trail shall be administered by the Secretary of the Interior.
No land or interest in land outside the exterior boundaries of
any federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.
(4) The Mormon Pioneer National Historic Trail, a route of
approximately one thousand three hundred miles extending from
Nauvoo, Illinois, to Salt Lake City, Utah, following the
primary historical route of the Mormon Trail as generally
depicted on a map, identified as, ``Mormon Trail Vicinity Map,
figure 2'' in the Department of the Interior Mormon Trail study
report dated March 1977, and which shall be on file and
available for public inspection in the office of the Director,
National Park Service, Washington, D.C. The trail shall be
administered by the Secretary of the Interior. No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.
(5) The Continental Divide National Scenic Trail, a trail of
approximately thirty-one hundred miles, extending from the
Montana-Canada border to the New Mexico-Mexico border,
following the approximate route depicted on the map, identified
as ``Proposed Continental Divide National Scenic Trail'' in the
Department of the Interior Continental Divide Trail study
report dated March 1977 and which shall be on file and
available for public inspection in the office of the Chief,
Forest Service, Washington, D.C. The Continental Divide
National Scenic Trail shall be administered by the Secretary of
Agriculture in consultation with the Secretary of the Interior.
Notwithstanding the provisions of section 7(c), the use of
motorized vehicles on roads which will be designated segments
of the Continental Divide National Scenic Trail shall be
permitted in accordance with regulations prescribed by the
appropriate Secretary. No land or interest in land outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title under
this paragraph shall be limited to an average of not more than
\1/4\ mile on either side of the trail.
(6) The Lewis and Clark National Historic Trail, a trail of
approximately 4,900 miles, extending from the Ohio River in
Pittsburgh, Pennsylvania, to the mouth of the Columbia River in
Oregon, following the outbound and inbound routes of the Lewis
and Clark expedition depicted on the map entitled ``Lewis and
Clark National Historic Trail Authorized Trail Including
Proposed Eastern Legacy Extension'', dated April 2018, and
numbered 648/143721. The map shall be on file and available for
public inspection in the office of the Director, National Park
Service, Washington, D.C. The trail shall be administered by
the Secretary of the Interior. No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the trail
except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee
title under this paragraph shall be limited to an average of
not more than \1/4\ mile on either side of the trail.
(7) The Iditarod National Historic Trail, a route of
approximately two thousand miles extending from Seward, Alaska
to Nome, Alaska, following the routes as depicted on maps
identified as ``Seward-Nome Trail'', in the Department of the
Interior's study report entitled ``The Iditarod Trail (Seward-
Nome Route) and other Alaskan Gold Rush Trails'' dated
September 1977. The map shall be on file and available for
public inspection in the office of the Director, National Park
Service, Washington, D.C. The trail shall be administered by
the Secretary of the Interior. No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the trail
except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee
title under this paragraph shall be limited to an average of
not more than \1/4\ mile on either side of the trail.
(8) The North Country National Scenic Trail, a trail of
approximately 4,600 miles, extendingfrom the Appalachian Trail
in Vermont to the vicinity of Lake Sakakawea in North Dakota,
following the approximate route depicted on the map identified
as ``North Country National Scenic Trail, Authorized Route'',
dated February 2014, and numbered 649/116870. The map shall be
on file and available for public inspection in the office of
the Director, National Park Service, Washington, District of
Columbia. The trail shall be administered by the Secretary of
the Interior. No land or interest in land outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner of the land or interest in land.
(9) The Overmountain Victory National Historic Trail, a
system totaling approximately two hundred seventy-two miles of
trail with routes from the mustering point near Abingdon,
Virginia, to Sycamore Shoals (near Elizabethton, Tennessee);
from Sycamore Shoals to Quaker Meadows (near Morganton, North
Carolina); from the mustering point in Surry County, North
Carolina, to Quaker Meadows; and from Quaker Meadows to Kings
Mountain, South Carolina, as depicted on the map identified as
Map 3--Historic Features--1780 in the draft study report
entitled ``Overmountain Victory Trail'' dated December 1979.
The map shall be on file and available for public inspection in
the Office of the Director, National Park Service, Washington,
District of Columbia. The trail shall be administered by the
Secretary of the Interior.
(10) The Ice Age National Scenic Trail, a trail of
approximately one thousand miles, extending from Door County,
Wisconsin, to Interstate Park in Saint Croix County, Wisconsin,
generally following the route described in ``On the Trail of
the Ice Age--A Hiker's and Biker's Guide to Wisconsin's Ice Age
National Scientific Reserve and Trail'', by Henry S. Reuss,
Member of Congress, dated 1980. The guide and maps shall be on
file and available for public inspection in the Office of the
Director, National Park Service, Washington, District of
Columbia. Overall administration of the trail shall be the
responsibility of the Secretary of the Interior pursuant to
section 5(d) of this Act. The State of Wisconsin, in
consultation with the Secretary of the Interior, may, subject
to the approval of the Secretary, prepare a plan for the
management of the trail which shall be deemed to meet the
requirements of section 5(e) of this Act. Notwithstanding the
provisions of section 7(c), snowmobile use may be permitted on
segments of the Ice Age National Scenic Trail where deemed
appropriate by the Secretary and the managing authority
responsible for the segment. No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the trail
except with the consent of the owner of the land or interest in
land.
(11) The Potomac Heritage National Scenic Trail, a corridor
of approximately seven hundred and four miles following the
route as generally depicted on the map identified as ``National
Trails System, Proposed Potomac Heritage Trail'' in ``The
Potomac Heritage Trail'', a report prepared by the Department
of the Interior and dated December 1974, except that no
designation of the trail shall be made in the State of West
Virginia. The map shall be on file and available for public
inspection in the office of the Director of the National Park
Service, Washington, District of Columbia. The trail shall
initally consist of only those segments of the corridor located
within the exterior boundaries of federally administered areas.
The trail shall be administered by the Secretary of the
Interior. No land or interest in land outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner of the land or interest in land.
(12) The Natchez Trace National Scenic Trail, a trail system
of approximately six hundred and ninety-four miles extending
from Nashville, Tennessee, to Natchez, Mississippi, as depicted
on the map entitled ``Concept Plan, Natchez Trace Trails
Study'' in ``The Natchez Trace'', a report prepared by the
Department of the Interior and dated August 1979. The map shall
be on file and available for public inspection in the office of
the Director of the National Park Service, Department of the
Interior, Washington, District of Columbia. The trail shall be
administered by the Secretary of the Interior.
(13) The Florida National Scenic Trail, a route of
approximately thirteen hundred miles extending through the
State of Florida as generally depicted in ``The Florida
Trail'', a national scenic trail study draft report prepared by
the Department of the Interior and dated February 1980. The
report shall be on file and available for public inspection in
the office of the Chief of the Forest Service, Washington,
District of Columbia. No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the Florida Trail except
with the consent of the owner thereof. The Secretary of
Agriculture may designate lands outside of federally
administered areas as segments of the trail, only upon
application from the States or local governmental agencies
involved, if such segments meet the criteria established in
this Act and are administered by such agencies without expense
to the United States. The trail shall be administered by the
Secretary of Agriculture.
(14) The Nez Perce National Historic Trail, a route of
approximately eleven hundred and seventy miles extending from
the vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain,
Montana, as generally depicted in ``Nez Perce (Nee-Me-Poo)
Trail Study Report'' prepared by the Department of Agriculture
and dated March 1982. The report shall be on file and available
for public inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of Agriculture. So that
significant route segments and sites recognized as associated
with the Nez Perce Trail may be distinguished by suitable
markers, the Secretary of Agriculture is authorized to accept
the donation of suitable markers for placement at appropriate
locations. Any such markers associated with the Nez Perce Trail
which are to be located on lands administered by any other
department or agency of the United States may be placed on such
lands only with the concurrence of the head of such department
or agency. No land or interest in land outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/4\
mile on either side of the trail.
(15) The Santa Fe National Historic Trail, a trail of
approximately 950 miles from a point near Old Franklin,
Missouri, through Kansas, Oklahoma, and Colorado to Santa Fe,
New Mexico, as generally depicted on a map entitled ``The Santa
Fe Trail'' contained in the Final Report of the Secretary of
the Interior pursuant to subsection (b) of this section, dated
July 1976. The map shall be on file and available for public
inspection in the office of the Director of the National Park
Service, Washington, District of Columbia. 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 Federal
Government for the Santa Fe Trail except with the consent of
the owner thereof. Before acquiring any easement or entering
into any cooperative agreement with a private landowner with
respect to the trail, the Secretary shall notify the landowner
of the potential liability, if any, for injury to the public
resulting from physical conditions which may be on the
landowner's land. The United States shall not be held liable by
reason of such notice or failure to provide such notice to the
landowner. So that significant route segments and sites
recognized as associated with the Santa Fe Trail may be
distinguished by suitable markers, the Secretary of the
Interior is authorized to accept the donation of suitable
markers for placement at appropriate locations.
(16)(A) The Trail of Tears National Historic Trail, a trail
consisting of water routes and overland routes traveled by the
Cherokee Nation during its removal from ancestral lands in the
East to Oklahoma during 1838 and 1839, generally located within
the corridor described through portions of Georgia, North
Carolina, Alabama, Tennessee, Kentucky, Illinois, Missouri,
Arkansas, and Oklahoma in the final report of the Secretary of
the Interior prepared pursuant to subsection (b) of this
section entitled ``Trail of Tears'' and dated June 1986. Maps
depicting the corridor 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 Federal Government for the Trail of
Tears except with the consent of the owner thereof.
(B) In carrying out his responsibilities pursuant to sections
5(f) and 7(c) of this Act, the Secretary of the Interior shall
give careful consideration to the establishment of appropriate
interpretive sites for the Trail of Tears in the vicinity of
Hopkinsville, Kentucky, Fort Smith, Arkansas, Trail of Tears
State Park, Missouri, and Tahlequah, Oklahoma.
(C) In addition to the areas otherwise designated
under this paragraph, the following routes and land
components by which the Cherokee Nation was removed to
Oklahoma are components of the Trail of Tears National
Historic Trail, as generally described in the
environmentally preferred alternative of the November
2007 Feasibility Study Amendment and Environmental
Assessment for Trail of Tears National Historic Trail:
(i) The Benge and Bell routes.
(ii) The land components of the designated
water routes in Alabama, Arkansas, Oklahoma,
and Tennessee.
(iii) The routes from the collection forts in
Alabama, Georgia, North Carolina, and Tennessee
to the emigration depots.
(iv) The related campgrounds located along
the routes and land components described in
clauses (i) through (iii).
(D) The Secretary may accept donations for the Trail
from private, nonprofit, or tribal organizations. No
lands or interests in lands outside the exterior
boundaries of any federally administered area may be
acquired by the Federal Government for the Trail of
Tears National Historic Trail except with the consent
of the owner thereof.
(17) The Juan Bautista de Anza National Historic Trail, a
trail comprising the overland route traveled by Captain Juan
Bautista de Anza of Spain during the years 1775 and 1776 from
Sonora, Mexico, to the vicinity of San Francisco, California,
of approximately 1,200 miles through Arizona and California, as
generally described in the report of the Department of the
Interior prepared pursuant to subsection (b) entitled ``Juan
Bautista de Anza National Trail Study, Feasibility Study and
Environmental Assessment'' and dated August 1986. A map
generally depicting the trail shall be on file and available
for public inspection in the Office of the Director of the
National Park Service, Washington, District of Columbia. 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
Federal Government for the Juan Bautista de Anza National
Historic Trail without the consent of the owner thereof. In
implementing this paragraph, the Secretary shall encourage
volunteer trail groups to participate in the development and
maintenance of the trail.
(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 Interior prepared pursuant to
subsection (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 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 subsection (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) 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.
(C) Administration.--The Trail shall be
administered by the Secretary of the Interior.
(D) Land acquisition.--No lands or interests
therein outside the exterior boundaries of any
federally administered area may be acquired by
the Federal Government for El Camino Real de
Tierra Adentro except with the consent of the
owner thereof.
(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 other affected
Federal, State, local governmental, 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.
(22) Ala kahakai national historic trail.--
(A) In general.--The Ala Kahakai National
Historic Trail (the Trail by the Sea), a 175
mile long trail extending from 'Upolu Point on
the north tip of Hawaii Island down the west
coast of the Island around Ka Lae to the east
boundary of Hawaii Volcanoes National Park at
the ancient shoreline temple known as
``Waha'ula'', as generally depicted on the map
entitled ``Ala Kahakai Trail'', contained in
the report prepared pursuant to subsection (b)
entitled ``Ala Kahakai National Trail Study and
Environmental Impact Statement'', dated January
1998.
(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.
(C) Administration.--The trail shall be
administered by the Secretary 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) Public participation; consultation.--The
Secretary of the Interior shall--
(i) encourage communities and owners
of land along the trail, native
Hawaiians, and volunteer trail groups
to participate in the planning,
development, and maintenance of the
trail; and
(ii) consult with affected Federal,
State, and local agencies, native
Hawaiian groups, and landowners in the
administration of the trail.
(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.
(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.
(25) Captain john smith chesapeake national historic
trail.--
(A) In general.--The Captain John Smith
Chesapeake National Historic Trail, a series of
water routes extending approximately 3,000
miles along the Chesapeake Bay and the
tributaries of the Chesapeake Bay in the States
of Virginia, Maryland, and Delaware, and in the
District of Columbia, that traces the 1607-1609
voyages of Captain John Smith to chart the land
and waterways of the Chesapeake Bay, as
generally depicted on the map entitled
``Captain John Smith Chesapeake National
Historic Trail Map MD, VA, DE, and DC'',
numbered P-16/8000 (CAJO), and dated May 2006.
(B) Map.--The map referred to in subparagraph
(A) shall be on file and available for public
inspection in the appropriate offices of the
National Park Service.
(C) Administration.--The trail shall be
administered by the Secretary of the Interior--
(i) in coordination with--
(I) the Chesapeake Bay
Gateways and Watertrails
Network authorized under the
Chesapeake Bay Initiative Act
of 1998 (16 U.S.C. 461 note;
112 Stat. 2961); and
(II) the Chesapeake Bay
Program authorized under
section 117 of the Federal
Water Pollution Control Act (33
U.S.C. 1267); and
(ii) in consultation with--
(I) other Federal, State,
tribal, regional, and local
agencies; and
(II) the private sector.
(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.
(26) Star-spangled banner national historic trail.--
(A) In general.--The Star-Spangled Banner
National Historic Trail, a trail consisting of
water and overland routes totaling
approximately 290 miles, extending from Tangier
Island, Virginia, through southern Maryland,
the District of Columbia, and northern
Virginia, in the Chesapeake Bay, Patuxent
River, Potomac River, and north to the Patapsco
River, and Baltimore, Maryland, commemorating
the Chesapeake Campaign of the War of 1812
(including the British invasion of Washington,
District of Columbia, and its associated
feints, and the Battle of Baltimore in summer
1814), as generally depicted on the map titled
``Star-Spangled Banner National Historic
Trail'', numbered T02/80,000, and dated June
2007.
(B) Map.--The map referred to in subparagraph
(A) shall be maintained on file and available
for public inspection in the appropriate
offices of the National Park Service.
(C) Administration.--Subject to subparagraph
(E)(ii), the trail shall be administered by the
Secretary 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) Public participation.--The Secretary of
the Interior shall--
(i) encourage communities, owners of
land along the trail, and volunteer
trail groups to participate in the
planning, development, and maintenance
of the trail; and
(ii) consult with other affected
landowners and Federal, State, and
local agencies in the administration of
the trail.
(F) Interpretation and assistance.--Subject
to the availability of appropriations, the
Secretary of the Interior may provide, to State
and local governments and nonprofit
organizations, interpretive programs and
services and technical assistance for use in--
(i) carrying out preservation and
development of the trail; and
(ii) providing education relating to
the War of 1812 along the trail.
(27) Arizona national scenic trail.--
(A) In general.--The Arizona National Scenic
Trail, extending approximately 807 miles across
the State of Arizona from the U.S.-Mexico
international border to the Arizona-Utah
border, as generally depicted on the map
entitled ``Arizona National Scenic Trail'' and
dated December 5, 2007, to be administered by
the Secretary of Agriculture, in consultation
with the Secretary of the Interior and
appropriate State, tribal, and local
governmental agencies.
(B) Availability of map.--The map shall be on
file and available for public inspection in
appropriate offices of the Forest Service.
(28) New england national scenic trail.--The New
England National Scenic Trail, a continuous trail
extending approximately 220 miles from the border of
New Hampshire in the town of Royalston, Massachusetts
to Long Island Sound in the town of Guilford,
Connecticut, as generally depicted on the map titled
``New England National Scenic Trail Proposed Route'',
numbered T06/80,000, and dated October 2007. The map
shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
The Secretary of the Interior, in consultation with
appropriate Federal, State, tribal, regional, and local
agencies, and other organizations, shall administer the
trail after considering the recommendations of the
report titled the ``Metacomet Monadnock Mattabesset
Trail System National Scenic Trail Feasibility Study
and Environmental Assessment'', prepared by the
National Park Service, and dated Spring 2006. The
United States shall not acquire for the trail any land
or interest in land without the consent of the owner.
(29) Washington-rochambeau revolutionary route
national historic trail.--
(A) In general.--The Washington-Rochambeau
Revolutionary Route National Historic Trail, a
corridor of approximately 600 miles following
the route taken by the armies of General George
Washington and Count Rochambeau between
Newport, Rhode Island, and Yorktown, Virginia,
in 1781 and 1782, as generally depicted on the
map entitled ``WASHINGTON-ROCHAMBEAU
REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL'',
numbered T01/80,001, and dated June 2007.
(B) Map.--The map referred to in subparagraph
(A) shall be on file and available for public
inspection in the appropriate offices of the
National Park Service.
(C) Administration.--The trail shall be
administered by the Secretary of the Interior,
in consultation with--
(i) other Federal, State, tribal,
regional, and local agencies; and
(ii) the private sector.
(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.
(30) Pacific northwest national scenic trail.--
(A) In general.--The Pacific Northwest
National Scenic Trail, a trail of approximately
1,200 miles, extending from the Continental
Divide in Glacier National Park, Montana, to
the Pacific Ocean Coast in Olympic National
Park, Washington, following the route depicted
on the map entitled ``Pacific Northwest
National Scenic Trail: Proposed Trail'',
numbered T12/80,000, and dated February 2008
(referred to in this paragraph as the ``map'').
(B) Availability of map.--The map shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(C) Administration.--The Pacific Northwest
National Scenic Trail shall be administered by
the Secretary of Agriculture.
(D) Land acquisition.--The United States
shall not acquire for the Pacific Northwest
National Scenic 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.
(b) The Secretary of the Interior, through the agency most
likely to administer such trail, and the Secretary of
Agriculture where lands administered by him are involved, shall
make such additional studies as are herein or may hereafter be
authorized by the Congress for the purpose of determining the
feasibility and desirability of designating other trails as
national scenic or national historic trails. Such studies shall
be made in consultation with the heads of other Federal
agencies administering lands through which such additional
proposed trails would pass and in cooperation with interested
interstate, State, and local governmental agencies, public and
private organizations, and landowners and land users concerned.
The feasibility of designating a trail shall be determined on
the basis of an evaluation of whether or not it is physically
possible to develop a trail along a route being studied, and
whether the development of a trail would be financially
feasible. The studies listed in subsection (c) of this section
shall be completed and submitted to the Congress, with
recommendations as to the suitability of trail designation, not
later than three complete fiscal years from the date of
enactment of their addition to this subsection, or from the
date of enactment of this sentence, whichever is later. Such
studies, when submitted, shall be printed as a House or Senate
document, and shall include, but not be limited to:
(1) the proposed route of such trail (including maps
and illustrations);
(2) the areas adjacent to such trails, to be utilized
for scenic, historic, natural, cultural, or
developmental purposes;
(3) the characteristics which, in the judgment of the
appropriate Secretary, make the proposed trail worthy
of designation as a national scenic or national
historic trail; and in the case of national historic
trails the report shall include the recommendation of
the Secretary of the Interior's National Park System
Advisory Board as to the national historic significance
based on the criteria developed under the Historic
Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461);
(4) the current status of land ownership and current
and potential use along the designated route;
(5) the estimated cost of acquisition of lands or
interest in lands, if any;
(6) the plans for developing and maintaining the
trail and the cost thereof;
(7) the proposed Federal administering agency (which,
in the case of a national scenic or national historic
trail wholly or substantially within a national forest,
shall be the Department of Agriculture);
(8) the extent to which a State or its political
subdivisions and public and private organizations might
reasonably be expected to participate in acquiring the
necessary lands and in the administration thereof;
(9) the relative uses of the lands involved,
including: the number of anticipated visitor-days for
the entire length of, as well as for segments of, such
trail; the number of months which such trail, or
segments thereof, will be open for recreation purposes;
the economic and social benefits which might accrue
from alternate land uses; and the estimated man-years
of civilian employment and expenditures expected for
the purposes of maintenance, supervision, and
regulation of such trail;
(10) the anticipated impact of public outdoor
recreation use on the preservation of a proposed
national historic trail and its related historic and
archeological features and settings, including the
measures proposed to ensure evaluation and preservation
of the values that contribute to their national
historic significance; and
(11) to qualify for designation as a national
historic trail, a trail must meet all three of the
following criteria:
(A) It must be a trail or route established
by historic use and must be historically
significant as a result of that use. The route
need not currently exist as a discernible trail
to qualify, but its location must be
sufficiently known to permit evaluation of
public recreation and historical interest
potential. A designated trail should generally
accurately follow the historic route, but may
deviate somewhat on occasion of necessity to
avoid difficult routing through subsequent
development, or to provide some route variation
offering a more pleasurable recreational
experience. Such deviations shall be so noted
on site. Trail segments no longer possible to
travel by trail due to subsequent development
as motorized transportation routes may be
designated and marked onsite as segments which
link to the historic trail.
(B) It must be of national signficance with
respect to any of several broad facets of
American history, such as trade and commerce,
exploration, migration and settlement, or
military campaigns. To qualify as nationally
significant, historic use of the trail must
have had a far-reaching effect on broad
patterns of American culture. Trails
significant in the history of native Americans
may be included.
(C) It must have significant potential for
public recreational use or historical interest
based on historic interpretation and
appreciation. The potential for such use is
generally greater along roadless segments
developed as historic trails, and at historic
sites associated with the trail. The presence
of recreation potential not related to historic
appreciation is not sufficient justification
for designation under this category.
(c) The following routes shall be studied in accordance with
the objectives outlined in subsection (b) of this section:
(1) Continental Divide Trail, a three-thousand-one-hundred-
mile trail extending from near the Mexican border in
southwestern New Mexico northward generally along the
Continental Divide to the Canadian border in Glacier National
Park.
(2) Potomac Heritage Trail, an eight-hundred-and-twenty-five-
mile trail extending generally from the mouth of the Potomac
River to its sources in Pennsylvania and West Virginia,
including the one-hundred-and-seventy-mile Chesapeake and Ohio
Canal towpath.
(3) Old Cattle Trails of the Southwest from the vicinity of
San Antonio, Texas, approximately eight hundred miles through
Oklahoma via Baxter Springs and Chetopa, Kansas, to Fort Scott,
Kansas, including the Chisholm Trail, from the vicinity of San
Antonio or Cuero, Texas, approximately eight hundred miles
north through Oklahoma to Abilene, Kansas.
(4) Lewis and Clark Trail, from Wood River, Illinois, to the
Pacific Ocean in Oregon, following both the outbound and
inbound routes of the Lewis and Clark Expedition.
(5) Natchez Trace, from Nashville, Tennessee, approximately
six hundred miles to Natchez, Mississippi.
(6) North Country Trail, from the Appalachian Trail in
Vermont, approximately three thousand two hundred miles through
the States of New York, Pennsylvania, Ohio, Michigan,
Wisconsin, and Minnesota, to the Lewis and Clark Trail in North
Dakota.
(7) Kittanning Trail from Shirleysburg in Huntingdon County
to Kittanning, Armstrong County, Pennsylvania.
(8) Oregon Trail, from Independence, Missouri, approximately
two thousand miles to near Fort Vancover, Washington.
(9) Santa Fe Trail, from Independence, Missouri,
approximately eight hundred miles to Santa Fe, New Mexico.
(10) Long Trail, extending two hundred and fifty-five miles
from the Massachusetts border northward through Vermont to the
Canadian Border.
(11) Mormon Trail, extending from Nauvoo, Illinois, to Salt
Lake City, Utah, through the States of Iowa, Nebraska, and
Wyoming.
(12) Gold Rush Trails in Alaska.
(13) Mormon Battalion Trail, extending two thousand miles
from Mount Pisgah, Iowa, through Kansas, Colorado, New Mexico,
and Arizona to Los Angeles, California.
(14) El Camino Real from St. Augustine to San Mateo, Florida,
approximately 20 miles along the southern boundary of the St.
Johns River from Fort Caroline National Memorial to the St.
Augustine National Park Monument.
(15) Bartram Trail, extending through the States of Georgia,
North Carolina, South Carolina, Alabama, Florida, Louisiana,
Mississippi, and Tennessee.
(16) Daniel Boone Trail, extending from the vicinity of
Statesville, North Carolina, to Fort Boonesborough State Park,
Kentucky.
(17) Desert Trail, extending from the Canadian border through
parts of Idaho, Washington, Oregon, Nevada, California, and
Arizona, to the Mexican border.
(18) Dominguez-Escalante Trail, extending approximately two
thousands miles along the route of the 1776 expedition led by
Father Francisco Atanasio Dominguez and Father Silvestre Velez
de Escalante, originating in Santa Fe, New Mexico; proceeding
northwest along the San Juan, Dolores, Gunnison, and White
Rivers in Colorado; thence westerly to Utah Lake; thence
southward to Arizona and returning to Santa Fe.
(19) Florida Trail, extending north from Everglades National
Park, including the Big Cypress Swamp, the Kissimmee Prairie,
the Withlacoochee State Forest, Ocala National Forest, Osceola
National Forest, and Black Water River State Forest, said
completed trail to be approximately one thousand three hundred
miles long, of which over four hundred miles of trail have
already been built.
(20) Indian Nations Trail, extending from the Red River in
Oklahoma approximately two hundred miles northward through the
former Indian nations to the Oklahoma-Kansas boundary line.
(21) Nez Perce Trail extending from the vicinity of Wallowa
Lake, Oregon, to Bear Paw Mountain, Montana.
(22) Pacific Northwest Trail, extending approximately one
thousand miles from the Continental Divide in Glacier National
Park, Montana, to the Pacific Ocean beach of Olympic National
Park, Washington, by way of--
(A) Flathead National Forest and Kootenai National
Forest in the State of Montana;
(B) Kaniksu National Forest in the State of Idaho;
and
(C) Colville National Forest, Okanogan National
Forest, Pasayten Wilderness Area, Ross Lake National
Recreation Area, North Cascades National Park, Mount
Baker, the Skagit River, Deception Pass, Whidbey
Island, Olympic National Forest, and Olympic National
Park in the State of Washington.
(23) Overmountain Victory Trail, extending from the vicinity
of Elizabethton, Tennessee, to Kings Mountain National Military
Park, South Carolina.
(24) Juan Bautista de Anza Trail, following the overland
route taken by Juan Bautista de Anza in connection with his
travels from the United Mexican States to San Francisco,
California.
(25) Trail of Tears, including the associated forts and
specifically, Fort Mitchell, Alabama, and historic properties,
extending from the vicinity of Murphy, North Carolina through
Georgia, Alabama, Tennessee, Kentucky, Illinois, Missouri, and
Arkansas, to the vicinity of Tahlequah, Oklahoma.
(26) Illinois Trail, extending from the Lewis and Clark Trail
at Wood River, Illinois, to the Chicago Portage National
Historic Site, generally following the Illinois River and the
Illinois and Michigan Canal.
(27) Jedediah Smith Trail, to include the routes of the
explorations led by Jedediah Smith--
(A) during the period 1826-1827, extending from the
Idaho-Wyoming border, through the Great Salt Lake,
Sevier, Virgin, and Colorado River Valleys, and the
Mojave Desert, to the San Gabriel Mission, California;
thence through the Tehachapi Mountains, San Joaquin and
Stanislaus River Valleys, Ebbetts Pass, Walker River
Valley, Bald Mount, Mount Grafton, and Great Salt Lake
to Bear Lake, Utah; and
(B) during 1828, extending from the Sacramento and
Trinity River Valleys along the Pacific coastline,
through the Smith and Willamette River Valleys to the
Fort Vancouver National Historic Site, Washington, on
the Columbia River.
(28) General Crook Trail, extending from Prescott, Arizona,
across the Mogollon Rim to Fort Apache.
(29) Beale Wagon Road, within the Kaibab and Coconino
National Forests in Arizona: Provided, That such study may be
prepared in conjuction with ongoing planning processes for
these National Forests to be completed before 1990.
(30) Pony Express Trail, extending from Saint Joseph,
Missouri, through Kansas, Nebraska, Colorado, Wyoming, Utah,
Nevada, to Sacramento, California, as indicated on a map
labeled ``Potential Pony Express Trail'', dated October 1983
and the California Trail, extending from the vicinity of Omaha,
Nebraska, and Saint Joseph, Missouri, to various points in
California, as indicated on a map labeled ``Potential
California Trail'' and dated August 1, 1983. Notwithstanding
subsection (b) of this section, the study under this paragraph
shall be completed and submitted to the Congress no later than
the end of two complete fiscal years beginning after the date
of the enactment of this paragraph. Such study shall be
separated into two portions, one relating to the Pony Express
Trail and one relating to the California Trail.
(31) De Soto Trail, the approximate route taken by
the expedition of the Spanish explorer Hernado de Soto
in 1539, extending through portions of the States of
Florida, Georgia, South Carolina, North Carolina,
Tennessee, Alabama, Mississippi, to the area of Little
Rock, Arkansas, on to Texas and Louisiana, and any
other States which may have been crossed by the
expedition. The study under this paragraph shall be
prepared in accordance with subsection (b) of this
section, except that it shall be completed and
submitted to the Congress with recommendations as to
the trail's suitability for designation not later than
one calendar year after the date of enactment of this
paragraph.
(32) Coronado Trail, the approximate route taken by the
expedition of the Spanish explorer Francisco Vasquez de
Coronado between 1540 and 1542, extending through portions of
the States of Arizona, New Mexico, Texas, Oklahoma, and Kansas.
The study under this paragraph shall be prepared in accordance
with subsection (b) of this section. In conducting the study
under this paragraph, the Secretary shall provide for (A) the
review of all original Spanish documentation on the Coronado
Trail, (B) the continuing search for new primary documentation
on the trail, and (C) the examination of all information on the
archeological sites along the trail.
(33) The route from Selma to Montgomery, Alabama traveled by
people in a march dramatizing the need for voting rights
legislation, in March 1965, includes Sylvan South Street, Water
Avenue, the Edmund Pettus Bridge, and Highway 80. The study
under this paragraph shall be prepared in accordance with
subsection (b) of this section, except that it shall be
completed and submitted to the Congress with recommendations as
to the trail's suitability for designation not later than 1
year after the enactment of this paragraph.
(34) American Discovery Trail, extending from Pt. Reyes,
California, across the United States through Nevada, Utah,
Colorado, Kansas, Nebraska, Missouri, Iowa, Illinois, Indiana,
Ohio, West Virginia, Maryland, and the District of Columbia, to
Cape Henlopen State Park, Delaware; to include in the central
United States a northern route through Colorado, Nebraska,
Iowa, Illinois, and Indiana and a southern route through
Colorado, Kansas, Missouri, Illinois, and Indiana.
(35) Ala Kahakai Trail in the State of Hawaii, an ancient
Hawaiian trail on the Island of Hawaii extending from the
northern tip of the Island of Hawaii approximately 175 miles
along the western and southern coasts to the northern boundary
of Hawaii Volcanoes National Park.
(36)(A) El Camino Real de Tierra Adentro, the approximately
1,800 mile route extending from Mexico City, Mexico, across the
international border at El Paso, Texas, to Santa Fe, New
Mexico.
(B) The study shall--
(i) examine changing routes within the general
corridor;
(ii) examine major connecting branch routes; and
(iii) give due consideration to alternative name
designations.
(C) The Secretary of the Interior is authorized to work in
cooperation with the Government of Mexico (including, but not
limited to providing technical assistance) to determine the
suitability and feasibility of establishing an international
historic route along the El Camino Real de Tierra Adentro.
(37)(A) El Camino Real Para Los Texas, the approximate series
of routes from Saltillo, Monclova, and Guerrero, Mexico across
Texas through San Antonio and Nacogdoches, to the vicinity of
Los Adaes, Louisiana, together with the evolving routes later
known as the San Antonio Road.
(B) The study shall--
(i) examine the changing roads within the historic
corridor;
(ii) examine the major connecting branch routes;
(iii) determine the individual or combined
suitability and feasibility of routes for potential
national historic trail designation;
(iv) consider the preservation heritage plan
developed by the Texas Department of Transportation
entitled ``A Texas Legacy: The Old San Antonio Road and
the Caminos Reales'', dated January, 1991; and
(v) make recommendations concerning the suitability
and feasibility of establishing an international
historical park where the trail crosses the United
States-Mexico border at Maverick County, Texas, and
Guerrero, Mexico.
(C) The Secretary of the Interior is authorized to work in
cooperation with the government of Mexico (including, but not
limited to providing technical assistance) to determine the
suitability and feasibility of establishing an international
historic trail along the El Camino Real Para Los Texas.
(D) The study shall be undertaken in consultation with the
Louisiana Department of Transportation and Development and the
Texas Department of Transportation.
(E) The study shall consider alternative name designations
for the trail.
(F) The study shall be completed no later than two years
after the date funds are made available for the study.
(38) The Old Spanish Trail, beginning in Santa Fe, New
Mexico, proceeding through Colorado and Utah, and ending in Los
Angeles, California, and the Northern Branch of the Old Spanish
Trail, beginning near Espanola, New Mexico, proceeding through
Colorado, and ending near Crescent Junction, Utah.
(39) The Great Western Scenic Trail, a system of trails to
accommodate a variety of travel users in a corridor of
approximately 3,100 miles in length extending from the Arizona-
Mexico border to the Idaho-Montana-Canada border, following the
approximate route depicted on the map identified as ``Great
Western Trail Corridor, 1988'', which shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service, United States Department of Agriculture.
The trail study shall be conducted by the Secretary of
Agriculture, in consultation with the Secretary of the
Interior, in accordance with subsection (b) and shall include--
(A) the current status of land ownership and current
and potential use along the designated route;
(B) the estimated cost of acquisition of lands or
interests in lands, if any; and
(C) an examination of the appropriateness of
motorized trail use along the trail.
(40) Star-Spangled Banner National Historic Trail.--
(A) In general.--The Star-Spangled Banner National
Historic Trail, tracing the War of 1812 route from the
arrival of the British fleet in the Patuxent River in
Calvert County and St. Mary's County, Maryland, the
landing of the British forces at Benedict, the sinking
of the Chesapeake Flotilla at Pig Point, the American
defeat at the Battle of Bladensburg, the siege of the
Nation's Capital, Washington, District of Columbia
(including the burning of the United States Capitol and
the White House), the British naval diversions in the
upper Chesapeake Bay leading to the Battle of Caulk's
Field in Kent County, Maryland, the route of the
American troops from Washington through Georgetown, the
Maryland Counties of Montgomery, Howard, and Baltimore,
and the City of Baltimore, Maryland, to the Battle of
North Point, and the ultimate victory of the Americans
at Fort McHenry on September 14, 1814.
(B) Affected areas.--The trail crosses eight counties
within the boundaries of the State of Maryland, the
City of Baltimore, Maryland, and Washington, District
of Columbia.
(C) Coordination with other congressionally mandated
activities.--The study under this paragraph shall be
undertaken in coordination with the study authorized
under section 603 of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 1a-5 note; 110 Stat.
4172) and the Chesapeake Bay Gateways and Watertrails
Network authorized under the Chesapeake Bay Initiative
Act of 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such
coordination shall extend to any research needed to
complete the studies and any findings and
implementation actions that result from the studies and
shall use available resources to the greatest extent
possible to avoid unnecessary duplication of effort.
(D) Deadline for study.--Not later than 2 years after
funds are made available for the study under this
paragraph, the study shall be completed and transmitted
with final recommendations to the Committee on
Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the
Senate.
(42) The Long Walk Trail, a series of routes which the Navajo
and Mescalero Apache Indian tribes were forced to walk
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.
(41) Metacomet-Monadnock-Mattabesett Trail.--The Metacomet-
Monadnock-Mattabesett Trail, a system of trails and potential
trails extending southward approximately 180 miles through
western Massachusetts on the Metacomet-Monadnock Trail, across
central Connecticut on the Metacomet Trail and the Mattabesett
Trail, and ending at Long Island Sound.
(43)(A) The Captain John Smith Chesapeake National Historic
Watertrail, a series of routes extending approximately 3,000
miles along the Chesapeake Bay and the tributaries of the
Chesapeake Bay in the States of Virginia, Maryland,
Pennsylvania, and Delaware and the District of Columbia that
traces Captain John Smith's voyages charting the land and
waterways of the Chesapeake Bay and the tributaries of the
Chesapeake Bay.
(B) The study shall be conducted in consultation with
Federal, State, regional, and local agencies and
representatives of the private sector, including the entities
responsible for administering--
(i) the Chesapeake Bay Gateways and Watertrails
Network authorized under the Chesapeake Bay Initiative
Act of 1998 (16 U.S.C. 461 note; title V of Public Law
105-312); and
(ii) the Chesapeake Bay Program authorized under
section 117 of the Federal Water Pollution Control Act
(33 U.S.C. 1267).
(C) The study shall include an extensive analysis of the
potential impacts the designation of the trail as a national
historic watertrail is likely to have on land and water,
including docks and piers, along the proposed route or
bordering the study route that is privately owned at the time
the study is conducted.
(44) Chisholm trail.--
(A) In general.--The Chisholm Trail (also
known as the ``Abilene Trail''), from the
vicinity of San Antonio, Texas, segments from
the vicinity of Cuero, Texas, to Ft. Worth,
Texas, Duncan, Oklahoma, alternate segments
used through Oklahoma, to Enid, Oklahoma,
Caldwell, Kansas, Wichita, Kansas, Abilene,
Kansas, and commonly used segments running to
alternative Kansas destinations.
(B) Requirement.--In conducting the study
required under this paragraph, the Secretary of
the Interior shall identify the point at which
the trail originated south of San Antonio,
Texas.
(45) Great western trail.--
(A) In general.--The Great Western Trail
(also known as the ``Dodge City Trail''), from
the vicinity of San Antonio, Texas, north-by-
northwest through the vicinities of Kerrville
and Menard, Texas, north-by-northeast through
the vicinities of Coleman and Albany, Texas,
north through the vicinity of Vernon, Texas, to
Doan's Crossing, Texas, northward through or
near the vicinities of Altus, Lone Wolf,
Canute, Vici, and May, Oklahoma, north through
Kansas to Dodge City, and north through
Nebraska to Ogallala.
(B) Requirement.--In conducting the study
required under this paragraph, the Secretary of
the Interior shall identify the point at which
the trail originated south of San Antonio,
Texas.
(46) Pike national historic trail.--The Pike National
Historic Trail, a series of routes extending
approximately 3,664 miles, which follows the route
taken by Lt. Zebulon Montgomery Pike during the 1806-
1807 Pike expedition that began in Fort Bellefontaine,
Missouri, extended through portions of the States of
Kansas, Nebraska, Colorado, New Mexico, and Texas, and
ended in Natchitoches, Louisiana.
(xx) Chief standing bear national historic trail.--
The Chief Standing Bear Trail, extending approximately
550 miles from Niobrara, Nebraska, to Ponca City,
Oklahoma, which follows the route taken by Chief
Standing Bear and the Ponca people during Federal
Indian removal, and approximately 550 miles from Ponca
City, Oklahoma, through Omaha, Nebraska, to Niobrara,
Nebraska, which follows the return route taken by Chief
Standing Bear and the Ponca people.
(d) The Secretary charged with the administration of each
respective trail shall, within one year of the date of the
addition of any national scenic or national historic trail to
the system, and within sixty days of the enactment of this
sentence for the Appalachian and Pacific Crest National Scenic
Trails, establish an advisory council for each such trail, each
of which councils shall expire ten years from the date of its
establishment, except that the Advisory Council established for
the Iditarod Historic Trail shall expire twenty years from the
date of its establishment. If the appropriate Secretary is
unable to establish such an advisory council because of the
lack of adequate public interest, the Secretary shall so advise
the appropriate committees of the Congress. The appropriate
Secretary shall consult with such council from time to time
with respect to matters relating to the trail, including the
selection of rights-of-way, standards for the erection and
maintenance of markers along the trail, and the administration
of the trail. The members of each advisory council, which shall
not exceed thirty-five in number, shall serve for a term of two
years and without compensation as such, but the Secretary may
pay, upon vouchers signed by the chairman of the council, the
expenses reasonably incurred by the council and its members in
carrying out their responsibilities under this section. Members
of each council shall be appointed by the appropriate Secretary
as follows:
(1) the head of each Federal department or
independent agency administering lands through which
the trail route passes, or his designee;
(2) a member appointed to represent each State
through which the trail passes, and such appointments
shall be made from recommendations of the Governors of
such States;
(3) one or more members appointed to represent
private organizations, including corporate and
individual landowners and land users, which in the
opinion of the Secretary, have an established and
recognized interest in the trail, and such appointments
shall be made from recommendations of the heads of such
organizations: Provided, That the Appalachian Trail
Conference shall be represented by a sufficient number
of persons to represent the various sections of the
country through which the Appalachian Trail passes; and
(4) the Secretary shall designate one member to be
chairman and shall fill vacancies in the same manner as
the original appointment.
(e) Within two complete fiscal years of the date of enactment
of legislation designating a national scenic trail, except for
the Continental Divide National Scenic Trail, and the North
Country National Scenic Trail, as part of the system, and
within two complete fiscal years of the date of enactment of
this subsection for the Pacific Crest and Appalachian Trails,
the responsible Secretary shall, after full consultation with
affected Federal land managing agencies, the Governors of the
affected States, the relevant advisory council established
pursuant to section 5(d), and the Appalachian Trail Conference
in the case of the Appalachian Trail, submit to the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, a
comprehensive plan for the acquisition, management,
development, and use of the trail, including but not limited
to, the following items:
(1) specific objectives and practices to be observed
in the management of the trail, including the
identification of all significant natural, historical,
and cultural resources to be preserved (along with high
potential historic sites and high potential route
segments in the case of national historic trails),
details of anticipated cooperative agreements to be
consummated with other entities, and an identified
carrying capacity of the trail and a plan for its
implementation;
(2) an acquisition or protection plan, by fiscal
year, for all lands to be acquired by fee title or
lesser interest, along with detailed explanation of
anticipated necessary cooperative agreements for any
lands not to be acquired; and
(3) general and site-specific development plans
including anticipated costs.
(f) Within two complete fiscal years of the date of enactment
of legislation designating a national historic trail or the
Continental Divide National Scenic Trail or the North Country
National Scenic Trail, as part of the system, the responsible
Secretary shall, after full consultation with affected Federal
land managing agencies, the Governors of the affected States,
and the relevant Advisory Council established pursuant to
section 5(d) of this Act, submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate, a comprehensive
plan for the management, and use of the trail, including but
not limited to, the following items:
(1) specific objectives and practices to be observed
in the management of the trail, including the
identification of all significant natural, historical,
and cultural resources to be preserved, details of any
anticipated cooperative agreements to be consummated
with State and local government agencies or private
interests, and for national scenic or national historic
trails an identified carrying capacity of the trail and
a plan for its implementation;
(2) the process to be followed by the appropriate
Secretary to implement the marking requirements
established in section 7(c) of this Act;
(3) a protection plan for any high potential historic
sites or high potential route segments; and
(4) general and site-specific development plans,
including anticipated costs.
(g) Revision of Feasibility and Suitability Studies of
Existing National Historic Trails.--
(1) Definitions.--In this subsection:
(A) Route.--The term ``route'' includes a
trail segment commonly known as a cutoff.
(B) Shared route.--The term ``shared route''
means a route that was a segment of more than 1
historic trail, including a route shared with
an existing national historic trail.
(2) Requirements for revision.--
(A) In general.--The Secretary of the
Interior shall revise the feasibility and
suitability studies for certain national trails
for consideration of possible additions to the
trails.
(B) Study requirements and objectives.--The
study requirements and objectives specified in
subsection (b) shall apply to a study required
by this subsection.
(C) Completion and submission of study.--A
study listed in this subsection shall be
completed and submitted to Congress not later
than 3 complete fiscal years from the date
funds are made available for the study.
(3) Oregon national historic trail.--
(A) Study required.--The Secretary of the
Interior shall undertake a study of the routes
of the Oregon Trail listed in subparagraph (B)
and generally depicted on the map entitled
``Western Emigrant Trails 1830/1870'' and dated
1991/1993, and of such other routes of the
Oregon Trail that the Secretary considers
appropriate, to determine the feasibility and
suitability of designation of 1 or more of the
routes as components of the Oregon National
Historic Trail.
(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the
following:
(i) Whitman Mission route.
(ii) Upper Columbia River.
(iii) Cowlitz River route.
(iv) Meek cutoff.
(v) Free Emigrant Road.
(vi) North Alternate Oregon Trail.
(vii) Goodale's cutoff.
(viii) North Side alternate route.
(ix) Cutoff to Barlow road.
(x) Naches Pass Trail.
(4) Pony express national historic trail.--The
Secretary of the Interior shall undertake a study of
the approximately 20-mile southern alternative route of
the Pony Express Trail from Wathena, Kansas, to Troy,
Kansas, and such other routes of the Pony Express Trail
that the Secretary considers appropriate, to determine
the feasibility and suitability of designation of 1 or
more of the routes as components of the Pony Express
National Historic Trail.
(5) California national historic trail.--
(A) Study required.--The Secretary of the
Interior shall undertake a study of the
Missouri Valley, central, and western routes of
the California Trail listed in subparagraph (B)
and generally depicted on the map entitled
``Western Emigrant Trails 1830/1870'' and dated
1991/1993, and of such other and shared
Missouri Valley, central, and western routes
that the Secretary considers appropriate, to
determine the feasibility and suitability of
designation of 1 or more of the routes as
components of the California National Historic
Trail.
(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the
following:
(i) Missouri valley routes.--
(I) Blue Mills-Independence
Road.
(II) Westport Landing Road.
(III) Westport-Lawrence Road.
(IV) Fort Leavenworth-Blue
River route.
(V) Road to Amazonia.
(VI) Union Ferry Route.
(VII) Old Wyoming-Nebraska
City cutoff.
(VIII) Lower Plattsmouth
Route.
(IX) Lower Bellevue Route.
(X) Woodbury cutoff.
(XI) Blue Ridge cutoff.
(XII) Westport Road.
(XIII) Gum Springs-Fort
Leavenworth route.
(XIV) Atchison/Independence
Creek routes.
(XV) Fort Leavenworth-Kansas
River route.
(XVI) Nebraska City cutoff
routes.
(XVII) Minersville-Nebraska
City Road.
(XVIII) Upper Plattsmouth
route.
(XIX) Upper Bellevue route.
(ii) Central routes.--
(I) Cherokee Trail, including
splits.
(II) Weber Canyon route of
Hastings cutoff.
(III) Bishop Creek cutoff.
(IV) McAuley cutoff.
(V) Diamond Springs cutoff.
(VI) Secret Pass.
(VII) Greenhorn cutoff.
(VIII) Central Overland
Trail.
(iii) Western routes.--
(I) Bidwell-Bartleson route.
(II) Georgetown/Dagget Pass
Trail.
(III) Big Trees Road.
(IV) Grizzly Flat cutoff.
(V) Nevada City Road.
(VI) Yreka Trail.
(VII) Henness Pass route.
(VIII) Johnson cutoff.
(IX) Luther Pass Trail.
(X) Volcano Road.
(XI) Sacramento-Coloma Wagon
Road.
(XII) Burnett cutoff.
(XIII) Placer County Road to
Auburn.
(6) Mormon pioneer national historic trail.--
(A) Study required.--The Secretary of the
Interior shall undertake a study of the routes
of the Mormon Pioneer Trail listed in
subparagraph (B) and generally depicted in the
map entitled ``Western Emigrant Trails 1830/
1870'' and dated 1991/1993, and of such other
routes of the Mormon Pioneer Trail that the
Secretary considers appropriate, to determine
the feasibility and suitability of designation
of 1 or more of the routes as components of the
Mormon Pioneer National Historic Trail.
(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the
following:
(i) 1846 Subsequent routes A and B
(Lucas and Clarke Counties, Iowa).
(ii) 1856-57 Handcart route (Iowa
City to Council Bluffs).
(iii) Keokuk route (Iowa).
(iv) 1847 Alternative Elkhorn and
Loup River Crossings in Nebraska.
(v) Fort Leavenworth Road; Ox Bow
route and alternates in Kansas and
Missouri (Oregon and California Trail
routes used by Mormon emigrants).
(vi) 1850 Golden Pass Road in Utah.
(7) Shared california and oregon trail routes.--
(A) Study required.--The Secretary of the
Interior shall undertake a study of the shared
routes of the California Trail and Oregon Trail
listed in subparagraph (B) and generally
depicted on the map entitled ``Western Emigrant
Trails 1830/1870'' and dated 1991/1993, and of
such other shared routes that the Secretary
considers appropriate, to determine the
feasibility and suitability of designation of 1
or more of the routes as shared components of
the California National Historic Trail and the
Oregon National Historic Trail.
(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the
following:
(i) St. Joe Road.
(ii) Council Bluffs Road.
(iii) Sublette cutoff.
(iv) Applegate route.
(v) Old Fort Kearny Road (Oxbow
Trail).
(vi) Childs cutoff.
(vii) Raft River to Applegate.
* * * * * * *
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]