29–010

Calendar No. 677

108TH CONGRESS REPORT " SENATE ! 2d Session 108–321

EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC 

TRAIL ACT 

AUGUST 25, 2004.—Ordered to be printed

Filed, under authority of the order of the Senate of July 22, 2004

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2052] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2052) to amend the National Trails System Act 

to designate El Camino Real de los Tejas as a National Historic 

Trail, having considered the same, reports favorably thereon with 

an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘El Camino Real de los Tejas National Historic 

Trail Act’’. 

SEC. 2. DESIGNATION OF EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL. 

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended 

by adding at the end the following: 

‘‘(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. 

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‘‘(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.’’.

PURPOSE OF THE MEASURE

The purpose of S. 2052 is to amend the National Trails System 

Act to designate El Camino Real de los Tejas in Texas and Louisiana as a National Historic Trail. 

BACKGROUND AND NEED

Used as early as the 1690’s, El Camino Real de los Tejas was an 

early road system that brought Anglo settlers and volunteers from 

the United States to Texas. The roadway also played a key role in 

General Antonio Lo ́pez de Santa Ana’s march on Texas in early 

1836, and the defeat of the Mexican army by Texan forces under 

General Sam Houston at San Jacinto on April 21, 1836. 

After Mexico’s independence from Spain in 1821, Mexico agreed 

to open Texas to American settlers through the efforts of Stephen 

F. Austin. During the next decade, some 30,000 Anglo-Americans, 

along with 3,000 slaves, migrated into Texas via the old Camino 

Real linking Natchitoches in Louisiana and San Antonio in the 

Texas province. 

As hostilities grew between the Mexican government and the 

Texas settlers, the roads of the Camino Real de los Tejas served 

an important military purpose. The former congressman from Tennessee, David Crockett, used parts of the Camino Real roads to 

reach the Alamo. 

After the birth of the Texas Republic, the Camino Real de los 

Tejas continued to serve as both a major thoroughfare for migration into Texas and a military highway system, helping to propel 

Texas into a unique and prosperous future. The designation of the 

El Camino Real as a National Historic Trail will allow future generations to experience and understand this important piece of 

American history. 

LEGISLATIVE HISTORY

S. 2052 was introduced by Senator Hutchison on February 5, 

2004. A similar bill, H.R. 4122, was introduced by Representative 

Rodriguez on April 1, 2004. The Subcommittee on National Parks 

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held a hearing on S. 2052 on April 27, 2004. The Committee on Energy and Natural Resources ordered S. 2052, as amended, favorably reported on July 14, 2004. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in an open 

business session on July 14, 2004, by a unanimous voice vote of a 

quorum present, recommends that the Senate pass S. 2052, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 2052, the Committee adopted an 

amendment in the nature of a substitute. The amendment makes 

clarifying changes to language regarding the effect of the trail designation on private property rights. The amendment conforms the 

designation authority for El Camino Real de los Tejas more closely 

to previously designated National Historic Trails while clarifying 

that such designation will not adversely affect private landowners. 

The amendment is described in detail in the section-by-section 

analysis below. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles this bill the ‘‘El Camino Real de los Tejas National Historic Trail Act.’’

Section 2 amends section 5(a) of the National Trails System Act 

(16 U.S.C. 1244(a)) to establish El Camino Real de Los Tejas as a 

National Historic Trail. The section identifies the trail route to be 

designated and provides that the trail is to be administered by the 

Secretary of the Interior (Secretary). 

The Secretary may administer non-Federal portions of the trail 

only with the willing consent of the owner and only when those 

lands qualify for certification as an officially established section of 

the National Historic Trail. Approval of the certification agreement 

by the property owner will serve as adequate evidence of their consent. Notwithstanding Historic Trail designation, no person is authorized to enter private property without the consent of the property owner. The Secretary is directed to consult with appropriate 

State and local agencies in the planning and development of the 

trail. 

The Secretary is also directed to coordinate with the public of the 

United States and Mexico and with non-government organizations 

to exchange data, research, technical assistance and other information and to work toward the establishment of an international trail 

with complementary education and preservation programs. 

Finally, the section makes clear that the United States may not 

acquire any non-Federal land without the voluntary consent of the 

owner. 

COST AND BUDGETARY CONSIDERATIONS

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

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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 16, 2004. 

Hon. PETE V. DOMENICI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2052, the El Camino Real 

de los Tejas National Historic Trail Act. 

If you wish further details on this estimate, we will pleased to 

provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure. 

S. 2052—El Camino Real de los Tejas National Historic Trail Act 

S. 2052 would amend the National Trails System Act to designate the El Camino Real de los Tejas (the Royal Road to the 

Tejas) as a National Historic Trail. The segment of the El Camino 

Real to be designated extends from the Rio Grande near Laredo, 

Texas, to Natchitoches, Louisiana, a distance of 2,580 miles. The 

National Park Service (NPS) would administer the trail and coordinate the efforts of U.S. and Mexican public and private entities on 

trail education, interpretation, and preservation. 

Based on information provided by the NPS and assuming the 

availability of appropriated funds, CBO estimates that establishing, developing, and administering the proposed historic trail 

would cost about $400,000 annually beginning in fiscal year 2005. 

Of this amount, we estimate that the NPS would spend a total of 

$300,000 over the next two or three years to prepare a comprehensive management plan for the trail. We expect that the balance of 

each year’s expenses would cover trail development, educational 

programs, and operation under partnership agreements with Mexico and with local organizations. 

S. 2052 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. 2052. 

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. 2052. 

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EXECUTIVE COMMUNICATIONS

On March 30, 2004, the Committee on Energy and Natural Resources requested legislative reports from the Department of the 

Interior and the Office of Management and Budget setting forth 

Executive agency recommendations on S. 2052. These reports had 

not been received when this report was filed. The testimony provided by the Department of the Interior at the Subcommittee hearing on S. 2052 follows:

STATEMENT OF PAUL HOFFMAN, DEPUTY ASSISTANT SECRETARY FOR FISH AND WILDLIFE AND PARKS, U.S. DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to appear before you today to 

present the Department of the Interior’s views on S. 2052, 

a bill to amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic 

Trail. 

The Department supports S. 2052 with amendments to 

clarify the differences between designation of the trail and 

certifying sites and segments to be managed as part of the 

trail. 

S. 2052 would add the Camino Real de los Tejas as a national historic trail component of the National Trails System only on publicly owned land. Making sites and segments of the trail available for public use where the trail 

crosses privately owned lands would be authorized only 

upon the consent of the owner when the site qualifies for 

certification. Subject to the provisions for privately owned 

lands, the bill would designate a series of routes, totaling 

approximately 2,600 miles. 

The designated trail would include the evolving routes of 

the camino real as well as its successor, the Old San Antonio Road. The trail would extend across a 550-mile-long 

corridor from the Rio Grande near Eagle Pass and Laredo, 

Texas to Natchitoches (pronounced Nack-a-dish), Louisiana 

with trail administration provided by the Secretary of the 

Interior. No land or interest in land outside the exterior 

boundaries of any federally administered area could be acquired by the United States for the trail except with the 

consent of the owner. S. 2052 also would allow the Secretary of the Interior to coordinate activities 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. Finally, the bill also calls for the Department to consult with appropriate state agencies including 

exchanging trail information and research, fostering trail 

preservation and education programs, providing technical 

assistance, and working to establish an international historic trail with complementary preservation and education 

programs in each nation. 

The National Park Service (NPS) was authorized to 

study both El Camino Real de los Tejas and the Old San 

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Antonio Road by P.L. 103–145. The National Historic Trail 

Feasibility Study and Environmental Assessment, El Camino Real de los Tejas, Texas—Louisiana was completed 

in July 1998. The study concluded that both roads met all 

national historic trail criteria as defined by the study provisions of the National Trails System Act (16 U.S.C. 1244). 

The study was presented to the National Park System Advisory Board and the board concurred with the findings. 

El Camino Real de los Tejas was the primary route between the Spanish vice-regal capital of Mexico City and 

the Spanish provincial capital of Tejas at Los Adaes (pronounced Uh-die-us) (1721–73) and San Antonio (1773–

1821). The camino real, bringing Spanish and Mexican influences northeastward, led to the exploration, conquest, 

colonization, settlement, migration, military occupation, religious conversion, and cultural interaction that helped 

shape what are now the southern borderlands of the 

United States. 

The Old San Antonio Road brought American immigrants and influence westward to Texas during the early 

19th century. This large-scale immigration led to revolt, 

creation of the Texas Republic and eventually its annexation to the United States, which in turn precipitated war 

between the U.S. and Mexico. 

While the entire route of El Camino Real de los Tejas 

extended over 1,600 miles from Mexico City to Los Adaes, 

today most of the route lies in Mexico. S. 2052 would allow 

for collaborative programs with Mexican institutions, both 

public and private, that would help in fully understanding 

the history, geography, and cultures of the entire route. Interest has been expressed by officials in Mexico for developing preservation and education programs along Mexico’s 

part of El Camino Real de los Tejas. If this complementary 

program were implemented, an international historic trail 

would be created with benefits leading to an increase in 

mutual understanding between our nations. 

Partnerships and cooperation, keystones to the development of the National Trails System, are essential to bring 

about the preservation and interpretation of El Camino 

Real de los Tejas resources. The trail crosses public and 

private lands and it is important that the intent of the National Trails System Act be met by respecting private 

property rights. Respecting property rights will develop

solid and long-lasting relationships with partners and help 

stimulate and maintain a strong, grassroots-managed trail 

system. It is also vital that we acknowledge the pride and 

stewardship of all our partners, private and public, in their 

voluntary and good faith efforts to preserve and appropriately share their part of our national patrimony. 

With continued and even increasing public interest and 

efforts to help commemorate it, opportunities for partnerships along El Camino Real de los Tejas are very promising. Long-term success of the trail will depend on continued involvement from partners as well as the States of 

Texas and Louisiana, landowners, and other organizations 

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and individuals. In that regard, we would strongly encourage the early creation of a non-profit trails organization to 

represent the various constituencies along the trail and to 

enhance the public/private partnerships that make nationally designated trails successful. 

Should S. 2052 be enacted, the NPS, subject to availability of funds, would prepare a comprehensive management plan with public input to identify the goals and objectives for trail preservation, research, interpretation, 

public use, trail marking, and cooperative management. 

The required national historic trail advisory council would 

be established with broad representation of those interested, including private landowners, to advise on trail 

planning and administration matters. The NPS would implement the plan by creating a trail administration office 

to provide technical and limited financial assistance for 

preservation, historical research, planning and design for 

interpretation and development projects. It would also 

manage the negotiating and certifying of qualifying sites, 

trail segments, and interpretive facilities. NPS would develop and manage the official trail marker symbol, marking the route and negotiating agreements with different 

trail partners. This would include establishing agreements 

with Mexico to enrich our understanding of trail history 

and to exchange information to enhance resource preservation and public understanding. This would involve some 

increased operational costs, although most trails have annual funding of less than $300,000. 

We believe there is some confusion with regard to the 

language that seeks to assure that private property rights 

are protected and we recommended that this language be 

clarified to eliminate this confusion. When Congress adds 

a trail to the National Trails System Act, designation of 

the trail and certification of sites and segments are two 

separate actions. Designation of the trail involves the acknowledgment of a continuous route on a map with a beginning and an ending point. This route is consistent with 

the findings of the study completed for the trail. 

However, the designation of this route does not mean 

that each piece of land that makes up the route is open 

and available for public use. Sites and segments are only 

available for public use through the certification process 

whereby the NPS would discuss with private landowners 

whether they would like the portion of the trail through 

their property to be part of the designated trail. No landowner is required to have his property available for use 

even though a trail is designated by Congress. 

Should a landowner agree to have any site or segment 

certified for a designated trail, the NPS Intermountain Region, which administers eight national historic trails and 

would be responsible for the trail designated by S. 2052, 

includes language in its certification agreement to protect 

private property rights. That language reads: ‘‘The owner 

retains all legal rights to the property, and nothing in this 

agreement is to be construed as granting any legal authorVerDate jul 14 2003 02:23 Aug 27, 2004 Jkt 029010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6969 E:\HR\OC\SR321.XXX SR321
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ity to the National Park Service over the property or any 

action by the owner.’’ Landowners retain complete rights 

to their lands and only participate in trail programs to the 

extent that they desire through the certification process. 

Under existing authorities, neither trail designation, nor 

certification gives the Federal government any control over 

private lands. 

Some of the language proposed in this bill to protect private property rights is already found in the National 

Trails System Act, and we believe creates confusion between the designation and certification processes. We 

would be glad to work with the committee on alternative 

language to eliminate this confusion. 

We appreciate the committee’s interest in this legislation. That concludes my remarks and I would be happy to 

respond to any questions that you may have.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 2052, 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

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 Sysem 

Ac’’. 

* * * * * * *

SEC. 5. (a) National scenic trails shall be authorized and designated only by Act of Congress. There are hereby established as 

the initial National Scenic Trails: 

(1) The Appalachian 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 

States 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. 

* * * * * * *

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(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. 

* * * * * * *

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