39–010

Calendar No. 63

109TH CONGRESS REPORT " SENATE ! 1st Session 109–44

NATIONAL TRAILS SYSTEM ACT AMENDMENT 

MARCH 30, 2005.—Ordered to be printed 

Filed, under authority of the order of the Senate of MARCH 17, 2005

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 54]

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 54) to amend the National Trails System Act 

to require the Secretary of the Interior to update the feasibility and 

suitability studies of four national historic trails, and for other purposes, having considered the same, reports favorably thereon with 

amendments and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 2, strike lines 1 through 23 and insert the following:

‘‘(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.—

‘‘IN GENERAL.—The Secretary 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.—

2. On page 3, line 23, strike ‘‘(3)’’ and insert ‘‘(4)’’. 

3. On page 4, line 8, strike ‘‘(4)’’ and insert ‘‘(5)’’. 

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4. On page 7, line 9, strike ‘‘(5)’’ and insert ‘‘(6)’’. 

5. On page 8, line 14, strike ‘‘(6)’’ and insert ‘‘(7)’’.

PURPOSE OF THE MEASURE

The purpose of S. 54 is to amend the National Trails System Act 

to require the Secretary of the Interior to update the feasibility and 

suitability studies of four national historic trails. 

BACKGROUND AND NEED

The National Trails System Act (16 U.S.C. 1241 et seq.) authorizes the establishment of National Scenic, Historic and Recreation 

trails. S. 54 would amend that Act to authorize studies of additional routes for four prominent National Historic Trails: the Oregon National Historic Trail, a primary route for emigrants to the 

West; the Mormon National Historic Trail, which commemorates 

the 1846–47 journey of Mormon settlers from Illinois to Utah; the 

California National Historic Trail, which traces access routes to the 

1849 California Gold Rush; and the Pony Express National Historic 

Trail, which commemorates the eighteenth-month running of the 

Pony Express and its dashing delivery of mail from Missouri to 

California in ten days. 

Congress designated the Oregon and Mormon trails in the late 

1970’s and the California and Pony Express trails in the late 

1980’s. More recently, dozens of additional routes and cutoffs have 

been identified which may qualify as integral parts of these trails. 

Rather than following a single mainline route, the pioneers often 

followed a system of trails, braided to follow water and grass, avoid 

Indians, save time, and even access additional sites. 

S. 54 is necessary because the National Trails System Act does 

not provide for additions to trails subsequent to their designation 

by Congress. The bill would authorize the Secretary of the Interior 

to study the feasibility and suitability of adding new routes to each 

of these trails. Any designation of these new routes as components 

of the National Trails System would require subsequent legislation. 

The Oregon, Mormon, California, and Pony Express trails overlap one another in many locations and several of the routes and 

cutoffs proposed for study in S. 54 are already part of one or another of the designated trails. These shared routes are prominent 

where the trails depart from various points along the Missouri 

River, and other shared locations include routes in western Nebraska, Kansas, Colorado, Wyoming, Idaho, Nevada, and California. The study of these additional routes and cutoffs will help 

assure greater historical accuracy along these routes. 

LEGISLATIVE HISTORY

S. 54 was introduced by Senator Hatch on January 24, 2005. 

During the 108th Congress, the Committee considered a similar 

bill, S. 635. The Subcommittee on National Parks held a hearing 

on S. 635 on May 6, 2003. S. 635 was ordered reported, with 

amendments, by a voice vote on June 9, 2003 (S. Rept. 108–64) and 

passed the Senate by unanimous consent on June 16, 2003. The 

House of Representatives did not consider the bill prior to the sine 

die adjournment of the 108th Congress. A companion measure was 

introduced March 4, 2003 by Representative Bereuter. 

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Similar legislation, H.R. 37, was sponsored by Representative Bereuter in the 107th Congress and passed the House on June 6, 

2001. Companion legislation, S. 213, was introduced by Senator 

Hatch and others on January 30, 2001. The Subcommittee on National Parks held a hearing on both bills on March 7, 2002. At its 

business meeting on July 31, 2002, the Committee on Energy and 

Natural Resources ordered H.R. 37 to be favorably reported, as 

amended. H.R. 37 passed the Senate by a voice vote on November 

19, 2003, but was not considered by the House prior to the sine die 

adjournment of the 108th Congress. 

At its business meeting on February 16, 2004, the Committee on 

Energy and Natural Resources ordered S. 54, as amended, favorably reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in an open 

business session on February 16, 2005, by a unanimous voice vote 

of a quorum present, recommends that the Senate pass S. 54, if 

amended as described herein. 

COMMITTEE AMENDMENTS

During its consideration of S. 54, the Committee adopted several 

amendments to conform the bill text to the version as reported by 

the Committee during the 108th Congress. The amendments also 

make other technical and clarifying corrections. 

SECTION-BY-SECTION ANALYSIS

Section 1 amends section 5 of the National Trails System Act (16 

U.S.C. 1244) by inserting a new subsection (g) authorizing the Secretary of the Interior or the Secretary of Agriculture, as appropriate, to study the referenced routes which are associated with the 

Oregon, Pony Express, California, and Mormon Pioneer National 

Historic Trails for possible additions to these trails. 

Paragraph (1) of the new subsection defines key terms used in 

the studies and clarifies that the studies are to be conducted in accordance with the requirements of section 5(b) of the National 

Trails System Act. 

Paragraph (2) identifies ten routes associated with the Oregon 

National Historic Trail and any other routes the Secretary determines are appropriate for designation as a component of the Oregon National Historic Trail. 

Paragraph (3) directs the Secretary to study approximately 20 

miles of the southern alternative route of the Pony Express National Historic Trail from Wathena, Kansas to Troy, Kansas. In addition, the Secretary is to consider other routes that might be feasible and suitable for designation as components of the Pony Express National Historic Trail. 

Paragraph (4) directs the Secretary to study several routes associated with the California National Historic Trail, including 19 

routes in the Missouri Valley, 8 central routes, and 13 western 

routes. 

Paragraph (5) directs the Secretary to study six routes associated 

with the Mormon Pioneer National Historic Trail depicted on the 

referenced map. 

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Paragraph (6) requires the Secretary to study seven routes that 

are shared by the California and Oregon National Historic Trails. 

In addition, the Secretary is authorized to study other associated 

shared routes to determine their suitability and feasibility for designation as part of either trail. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office.

S. 54—A BILL TO AMEND THE NATIONAL TRAILS SYSTEM ACT TO

REQUIRE THE SECRETARY OF THE INTERIOR TO UPDATE THE FEASIBILITY AND SUITABILITY STUDIES OF FOUR NATIONAL HISTORIC

TRAILS

S. 54 would direct the Department of the Interior to update the 

feasibility studies of four national historic trails to include numerous shared routes, cutoff trails, and other trail segments. (The four 

trails affected are the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails.) The bill would require the 

department to report its findings on the potential trail additions 

within three years of receiving funding for the studies. 

Assuming the availability of appropriated funds, CBO estimates 

that it would cost about $160,000 over the next three years to conduct all of the required studies of trail segments specified by the 

bill. The legislation would not affect direct spending or revenues. 

S. 54 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 54. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 54, as ordered reported.

EXECUTIVE COMMUNICATIONS

During the 108th Congress, the Committee considered similar 

legislation, S. 635. 

The views of the Administration on S. 635 were included in testimony received by the Committee at a hearing on the bill on May 

6, 2004, as follows:

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STATEMENT OF D. THOMAS ROSS, ASSISTANT DIRECTOR, 

RECREATION AND CONSERVATION, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present 

the Department of the Interior’s views on S. 635, which 

would amend the National Trails System Act to update the 

feasibility and suitability studies of the Oregon, California, 

Pony Express and Mormon Pioneer National Historic 

Trails (NHT). 

S. 635 would update the feasibility and suitability studies and make recommendations through the examination 

of additional routes and cutoffs not included in the initial 

studies of all four trails. The Secretary of the Interior 

would determine if any of these routes and cutoffs are eligible as additions to the four NHTs at the completion of 

these studies and report back to the Congress. 

The Department supports S. 635 with an amendment to 

the bill included at the end of this testimony. We suggest 

the bill be amended to make the deadline for completion 

and submission to the studies to Congress be three years 

after funds are made available for the studies. 

The National Park Service is in various stages of 

progress on 37 studies previously authorized by Congress. 

Eight of these studies are being funded from the same appropriation that would be used for these updated trail 

studies. The Department’s priority has been to complete 

the studies previously authorized by Congress, and to 

begin work on newly authorized studies as funding becomes available. We therefore suggest that the bill be 

amended to make the deadline for completion and submission of the studies to Congress be three years after funds 

are made available. 

The feasibility study for the Oregon NHT was completed 

in 1977, the study for the Mormon Pioneer NHT in 1978, 

and the one for the California and Pony Express NHTs in 

1987. Since those studies have been completed, additional 

routes and cutoffs were identified that may qualify as segments of these trails. The National Trails Systems Act 

does not provide the authority to evaluate and add any additional routes and cutoffs without certain legislative 

amendments. 

The Oregon NHT, authorized in 1978, commemorates 

the ‘‘primary route’’ used by the emigrants beginning in 

1841 between Independence, Missouri and Oregon City, 

Oregon. Traveled by thousands, the trail contained routes 

and cutoffs used through the years. These secondary 

routes had substantial emigrant traffic over several decades that demonstrate historical significance and may be 

worthy of examination in an updated study. 

The authorization of the Mormon NHT in 1978 commemorates the journey of the pioneer party in 1846–1847 

from Nauvoo, Illinois, to Salt Lake City, Utah. As with the 

Oregon NHT, emigrant traffic occurred on many additional 

routes during the Mormon migration westward. As with 

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the other trails, these routes frequently coincide with one 

another. Preliminary data indicate historic traffic along 

these routes.

Authorized in 1992, the California NHT commemorates 

the gold rush to the Sierra Nevada. Dozens of routes and 

cutoffs were traveled by thousands of pioneers, but no single route dominated. 

The Pony Express NHT was included in the same authorizing legislation as the California NHT. It commemorates the efforts of this nation struggling to establish a 

system of communication across the Trans-Missouri west. 

The trail primarily follows routes beginning at St. Joseph, 

Missouri and ending in San Francisco, California. The firm 

of Russell, Majors, and Waddell, a western Missouri 

freighting company, established and operated the Pony Express for one and a half years before it fell on hard times 

and ceased to exist. A short section of the trail, from the 

Missouri River into Kansas, may be worthy of study and 

is included in S. 635. 

All four trails overlap one another in many locations and 

several of the routes and cutoffs proposed for study in S. 

635 are already part of designated trails. These shared 

routes are prominent where the trails depart from various 

points along the Missouri and Mississippi Rivers, particularly in the Kansas City, St. Joseph, Nebraska City, Council Bluffs and Omaha areas. Several other shared locations 

include routes in western Nebraska, Kansas, Colorado, 

Wyoming, Idaho, Nevada and California. 

The National Trail System Act requires that studies of 

lands proposed for trails be made in consultation with federal, state, and local agencies, as well as nonprofit trail organizations. Between 1994 and 1999, the National Park 

Service—in collaboration with the Bureau of Land Management, USDA Forest Service, trail advocacy groups and 

others—completed the ‘‘Comprehensive Management and 

Use Plan and Environmental Impact Statement’’ (1999) for 

the four trails. This was the initial plan for the recently 

established California and Pony Express NHTs as well as 

revised plans for the earlier established Oregon and Mormon Pioneer NHTs. S. 635 would allow for the consideration of these additional alternates and cutoffs by authorizing an update of the original studies done for these four 

trails to evaluate which are eligible for designation as 

NHT segments. S. 635 maintains the requirements of the 

National Trail System Act to work closely with federal 

agencies, state, local and tribal governments, local landowners and other interested parties. We anticipate the cost 

of doing these studies to be approximately $175,000. 

The intent of the National Trails System Act is one of 

respecting private property rights. Given that historic 

trails cross public and private lands, the development of 

strong partnerships is critical to administering and managing the historic trails and achieving preservation of trail 

resources and interpretation of the trail to the public. The 

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four national trails in this legislation demonstrate existing 

public and private partnerships. 

This concludes my testimony. I would be happy to respond to any questions that you or members of the subcommittee may have.

AMENDMENT TO S. 635

S. 635 is amended by page 2, line 24 by striking ‘‘the date of enactment of this section’’ and inserting ‘‘funds are made available’’. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

54, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman):

Public Law 90–543, 90th Congress 

AN ACT To establish a national trails system, and for other purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SHORT TITLE

SECTION 1. This Act may be cited as the ‘‘National Trails System 

Act’’. 

* * * * * * *

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: 

* * * * * * *

(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 

common known as a cutoff. 

(B) SHARED ROUTE.—The term ‘‘shared route’’ means a 

route that was a segment of more than one historic trail, 

including a route shared with an existing national historic 

trail. 

(2) REQUIREMENTS FOR REVISION.—

(A) IN GENERAL.—The Secretary 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 the Congress not later than three complete fiscal years 

from the date funds are made available for the study. 

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(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 one 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 one 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 shared Missouri Valley, central, and western 

routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one 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. 

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(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 Aurburn. 

(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 on 

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 

one 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.—

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(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 

one 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) Sublet cutoff. 

(iv) Applegate route. 

(v) Old Fort Kearny Road (Oxbow Trail). 

(vi) Childs cutoff. 

(vii) Raft River to Applegate. 

* * * * * * *

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