59–010 

Calendar No. 225 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–95 

REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF 

EXISTING NATIONAL HISTORIC TRAILS 

JUNE 26, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 580] 

The Committee on the Energy and Natural Resources, to which 

was referred the bill (S. 580), 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 

without amendment, and recommends that the bill do pass. 

PURPOSE OF THE MEASURE

The purpose of S. 580 is to amend the National Trails System 

Act to authorize 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. 580 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 Pioneer 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 eighteen-month running of the Pony Express and its dashing delivery of mail from 

Missouri to California in ten days. 


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Congress designated the Oregon and Mormon trails as components of the National Trails System in 1978 and the California and 

Pony Express trails in 1992. 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 conflicts, save time, and even access additional sites. 

S. 580 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 Pioneer, California, and Pony Express 

trails overlap one another in many locations and several of the 

routes and cutoffs proposed for study in S. 580 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. 580 was introduced by Senator Hatch on February 14, 2007. 

Senator Bennett was added as a cosponsor on March 22, 2007. During the 109th Congress, the Committee considered similar legislation, S. 54, also sponsored by Senator Hatch. The Committee ordered S. 54 to be favorably reported on February 16, 2005 (S. Rept. 

109–44), and the bill passed the Senate by unanimous consent on 

July 26, 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. Hrg. 108–47). 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. 

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

2001, by a voice vote. 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 (S. Hrg. 107–522). 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 (S. Rept. 107–259). 

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. 


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COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on May 23, 2007, by a unanimous voice vote 

of a quorum present, recommends that the Senate pass S. 580. 

SUMMARY OF THE MEASURE

S. 580 amends section 5 of the National Trails System Act (16 

U.S.C. 1244) to add a new subsection (g). The new subsection directs the Secretary of the Interior to revise the feasibility and suitability studies for the Oregon National Historic Trail, the Pony Express National Historic Trail, the California National Historic Trail 

and the Mormon Pioneer National Historic Trail, along with shared 

routes between the California and Oregon trails, for consideration 

of possible additions to the trails. The studies are to be completed 

and submitted to Congress not later than 3 fiscal years from the 

date funds are made available for the study. 

COST AND BUDGETARY CONSIDERATIONS

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

MAY 30, 2007. 

Hon. JEFF BINGAMAN, 

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. 580, 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. 

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

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 580—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. 580 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 $160,000 over the next three years to conduct all 

of the required studies of trail segments specified by the bill. Enacting the legislation would not affect direct spending or revenues. 

S. 580 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. 


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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. 580. 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. 580, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service on S. 580 

at the April 26, 2007 hearing on S. 580 follows: 

STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, 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. 580, a bill to 

amend the National Trails System Act to update the feasibility and suitability studies of the Oregon, Pony Express, 

California, and Mormon Pioneer National Historic Trails 

(NHTs). 

The Department supports S. 580, which is similar to legislation the Department supported during the 108th Congress. While the Department supports the authorization of 

these studies, we also believe that any funding requested 

should be directed first toward completing previously authorized studies. 

S. 580 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 on those 

deemed appropriate for addition to the trails. 

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 System Act does 

not provide the authority to evaluate and add additional 

routes and cutoffs without certain legislative amendments. 

The Oregon NHT, authorized in 1978, commemorates 

the ‘‘primary route’’ used by emigrants beginning in 1841 

between Independence, Missouri and Oregon City, Oregon. 

Traveled by thousands, the trail contained routes and cutVerDate Aug 31 2005 04:03 Jun 28, 2007 Jkt 059010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR095.XXX SR095

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offs 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 

the other trails, these routes frequently coincide with one 

another. Preliminary data indicate significant historic traffic along many of 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 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. 580. 

All four trails overlap one another in many locations and 

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

580 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. 580 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. 580 maintains the requirements of the 

National Trail System Act to work closely with Federal 

agencies, State, local and tribal governments, local landVerDate Aug 31 2005 04:03 Jun 28, 2007 Jkt 059010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR095.XXX SR095

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owners and other interested parties. We anticipate the cost 

of updating these studies to be approximately $300,000. 

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 

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. 

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. 

580, 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—Oct. 2, 1968 

(16 U.S.C. 1241 et seq.) 

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, 

SECTION 1. SHORT TITLE. 

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

* * * * * * * 

SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS. 

(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 

commonly 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 of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the 

trails. 


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(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 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 and 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. 


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(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 

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). 


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(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 

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) Sublette cutoff. 

(iv) Applegate route. 

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

(vi) Childs cutoff. 

(vii) Raft River to Applegate. 

Æ 


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