69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–840 

TRAIL OF TEARS DOCUMENTATION ACT 

SEPTEMBER 11, 2008.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5335] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 5335) to amend the National Trails System Act to provide 

for the inclusion of new trail segments, land components, and 

campgrounds associated with the Trail of Tears 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. SHORT TITLE. 

This Act may be cited as the ‘‘Trail of Tears Documentation Act’’. 

SEC. 2. ADDITIONS TO TRAIL OF TEARS NATIONAL HISTORIC TRAIL. 

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

amended as follows: 

(1) By amending subparagraph (C) to read as follows: 

‘‘(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).’’. 


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(2) In subparagraph (D)— 

(A) by striking the first sentence; and 

(B) by adding at the end the following: ‘‘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.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 5335 is to amend the National Trails System 

Act to provide for the inclusion of new trail segments, land components, and campgrounds associated with the Trail of Tears National Historic Trail, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 5335 implements the recommendations of a National Park 

Service study that examined adding several side trails associated 

with the Trail of Tears National Historic Trail. 

In 1838–1839, the U.S. government removed at gunpoint most 

Cherokee Indians from their ancestral homelands in the southeastern United States and resettled them in Indian Territory west 

of Arkansas. More than 15,000 people were systematically rounded 

up and held in detainment camps. They were then divided into detachments and forced to travel west. More than 1,000 people died 

on this journey from exposure, illness and exhaustion. 

In 1987, Congress designated the original 2,422-mile Trail of 

Tears National Historic Trail commemorating the two main routes 

used during the forced removal (P.L. 100–192). At that time, many 

of the side routes used during the removal were not well documented, including important round-up routes from the forts to 

which the Cherokee had originally been taken in North Carolina, 

Georgia, Tennessee and Alabama, as well as the unique routes 

taken by the detachments led by pro-treaty leader John Bell and 

Cherokee Captain John Benge. 

Subsequent research has identified those routes, and, in 2006, 

Congress directed the National Park Service to determine if more 

routes of the Cherokee removal would be eligible to be added to the 

existing National Historic Trail (P.L. 109–378). 

The National Park Service study, delivered to Congress in March 

2008, found a number of components eligible for designation, including the Bell and Benge routes, various round-up forts and 

camps, routes from the forts and camps to main emigration depots 

in Tennessee and Alabama, and additional water routes and related land routes, as well as the routes taken at the end of the trail 

as the Cherokee dispersed to their new settlements. H.R. 5335 

adds those routes, totaling 2,845 new miles, to the existing trail. 

COMMITTEE ACTION

H.R. 5335 was introduced on February 8, 2008, by Representative Zack Wamp (R–TN). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on National Parks, Forests and Public Lands. On July 

15, 2008, the Subcommittee held a hearing on the legislation, during which a representative of the National Park Service testified 

that the Administration supports the bill with minor amendments. 


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On July 23, 2008, the Full Natural Resources Committee met to 

consider the bill. The Subcommittee on National Parks, Forests 

and Public Lands was discharged from further consideration of 

H.R. 5335. An amendment in the nature of a substitute was offered 

by Subcommittee Chairman Grijalva (D–AZ) to add a short title, 

add a reference to the National Park Service study recommending 

the additional routes, and add property rights language consistent 

with the original Trail of Tears Act. 

Representative Lamborn (R–CO) then offered an amendment to 

the amendment in the nature of a substitute on behalf of Representative Sali (R–ID) to specify that all lands within the designated trail should be governed by relevant state and local laws 

regarding the possession or use of a weapon, including a concealed 

weapon. The amendment to the amendment in the nature of a substitute was not agreed to by a roll call vote of 8 yeas and 16 nays, 

as follows: 


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The amendment in the nature of a substitute was then agreed 

to by voice vote. The bill, as amended, was then ordered favorably 

reported to the House of Representatives by voice vote. 

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. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to amend the National Trails 

System Act to provide for the inclusion of new trail segments, land 

components, and campgrounds associated with the Trail of Tears 

National Historic Trail, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 5335—Trail of Tears Documentation Act 

H.R. 5335 would add new routes to the Trail of Tears National 

Historic Trail, which runs through several states across the country. Adding the proposed routes would expand the trail from about 

2,400 miles to early 5,300 miles. 

Based on information provided by the National Park Service and 

assuming the availability of appropriated funds, CBO estimates 

that implementing the bill would cost about $300,000 a year beginning in fiscal year 2009. This amount would be used by the agency 

to administer the new routes, including minor costs to revise maps 

and erect signs. Enacting the legislation would not affect revenues 

or direct spending. 


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H.R. 5335 contain 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 Theresa Gullo, Deputy Assistant for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARKS STATEMENT

H.R. 5335 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

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

existing law in which no change is proposed is shown in roman): 

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) * * * 

* * * * * * * 

(16)(A) * * * 

* * * * * * * 

ø(C) Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior shall complete the remaining criteria and submit to Congress a 

study regarding the feasibility and suitability of designating, as additional components of the Trail of Tears National Historic Trail, the following routes and land components by which the Cherokee Nation was removed to Oklahoma: 

ø(i) The Benge and Bell routes. 

ø(ii) The land components of the designated water 

routes in Alabama, Arkansas, Oklahoma, and Tennessee. 

ø(iii) The routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the 

emigration depots. 


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ø(iv) The related campgrounds located along the 

routes and land components described in clauses (i) 

through (iii).¿ 

(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) øNo additional funds are authorized to be appropriated to carry out subparagraph (C).¿ 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. 

* * * * * * * 

Æ 


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