69–010 

Calendar No. 658 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–306 

LEWIS AND CLARK NATIONAL HISTORIC TRAIL 

EXTENSION STUDY ACT OF 2007 

APRIL 10, 2008.—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. 1991] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1991) to authorize the Secretary of the Interior 

to conduct a study to determine the suitability and feasibility of extending the Lewis and Clark National Historic Trail to include additional sites associated with the preparation and return phase of 

the expedition, 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, line 5, strike ‘‘2007’’ and insert ‘‘2008’’. 

2. On page 3, lines 9 and 10, strike ‘‘the inclusion of the Eastern 

Legacy sites’’ and insert ‘‘adding the Eastern Legacy sites to the 

Trail’’. 

3. On page 3, line 20, strike ‘‘2’’ and insert ‘‘3’’. 

PURPOSE

The purpose of S. 1991 is to authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility 

of extending the Lewis & Clark National Historic Trail to include 

sites associated with the preparation or return phases of the expedition in the eastern United States. 

BACKGROUND AND NEED

The Lewis and Clark National Historic Trail was designated in 

1978 and covers the 3,700-mile-long route traveled by the Lewis 

and Clark expedition from 1804–1806, beginning at Wood River, IlVerDate Aug 31 2005 05:52 Apr 15, 2008 Jkt 069008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR306.XXX SR306

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linois, and extending to the mouth of the Columbia River in Oregon. 

Although the trail officially begins at the confluence of the Missouri and Mississippi Rivers, which has traditionally been regarded 

as the starting point of the expedition, preparation for the trip 

began much earlier. After President Jefferson authorized the expedition, Meriwether Lewis traveled throughout many of the eastern 

United States acquiring supplies and receiving training before 

heading out to Ohio to meet up with William Clark. 

S. 1991 authorizes the National Park Service to conduct a study 

to determine whether the route of the pre-expedition travels as 

well as the routes covered after the expedition returned to St. 

Louis in 1806, should be added to the existing national historic 

trail. 

LEGISLATIVE HISTORY

S. 1991 was introduced by Senator Bunning on August 3, 2007. 

The Subcommittee on National Parks held a hearing on S. 1991 on 

November 8, 2007. (S. Hrg. 110–282.) At its business meeting on 

January 30, 2008, the Committee on Energy and Natural Resources ordered S. 1991 favorably reported, with amendments. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on January 30, 2008, by a voice vote of a quorum 

present, recommends that the Senate pass S. 1991, if amended as 

described herein. 

COMMITTEE AMENDMENTS

During its consideration of S. 1991, the Committee adopted three 

amendments. The first amendment updates the date reference in 

the short title. The second amendment requires the study to analyze the potential impact that adding sites in the eastern United 

States to the Lewis and Clark National Historic Trail would have 

on those sites. The final amendment extends the time for completion of the study from two to three years. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Lewis and Clark National 

Historic Trail Extension Study Act of 2008’’. 

Section 2 defines key terms used in the Act. 

Section 3(a) directs the Secretary of the Interior (the ‘‘Secretary’’) 

to conduct a study to determine the suitability and feasibility of extending the Lewis and Clark National Historic Trail to include 

sites associated with the preparation or return phases of the Lewis 

and Clark expedition, and including sites in Virginia, the District 

of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, 

Ohio, Kentucky, Tennessee, Indiana, Missouri, and Illinois. 

Subsection (b) requires the Secretary, in conducting the study, to 

evaluate the routes associated with the preparation and return 

phases of the expedition, evaluate the suitability and feasibility of 

adding those sites to the National Historic Trail, analyze the potential impact that adding the sites to the trail will have on those 

sites, and analyze the potential impact that adding the sites to the 


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trail will have on tourist visitation in the western portion of the 

trail. 

Subsection (c) states that the study shall use the criteria used for 

studies of areas for potential inclusion in the National Park System, as described in section 8 of Public Law 91–383 (16 U.S.C. 1a–

5). 

Subsection (d) requires the Secretary to complete the study within three years after the date on which funds are first made available for the study, and to transmit the study to the House and Senate authorizing committees, including any conclusions and recommendations of the Secretary. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1991—Lewis and Clark National Historic Trail Extension Study 

Act of 2007 

S. 1991 would direct the Secretary of the Interior to conduct a 

study to determine the suitability and feasibility of extending the 

Lewis and Clark National Historic trail to include sites in 11 states 

and the District of Columbia. Assuming the availability of appropriated funds, CBO estimates that implementing S. 1991 would 

have an insignificant effect on discretionary spending. Enacting 

this legislation would have no effect on direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

S. 1991 would direct the Secretary of the Interior to conduct a 

study on the suitability and feasibility of adding the Eastern Legacy sites to the existing Lewis and Clark National Historic Trail. 

The Eastern Legacy sites include locations associated with the 

Lewis and Clark expedition within 11 states and the District of Columbia. The Secretary would report to the Congress on the results 

of this study within two years. Based on information from the National Park Service, CBO estimates that implementing S. 1991 

would cost less than $500,000 over the 2008–2010 period, subject 

to availability of appropriated funds. 

On November 20, 2007, CBO transmitted a cost estimate for H.R. 

3998, the America’s Historical and Natural Resources Legacy 

Study Act, as ordered reported by the House Committee on Natural 

Resources on November 7, 2007. That legislation is identical to S. 

1991. As such, the estimated costs are the same. 

The CBO staff contacts for this estimate are Deborah Reis and 

Daniel Hoople. This estimate was approved by Peter H. Fontaine, 

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. 1991. The bill is not a regulatory measure in the sense of imposVerDate Aug 31 2005 05:52 Apr 15, 2008 Jkt 069008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR306.XXX SR306

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ing 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. 1991, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1991, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the November 8, 2007 hearing on S. 1991 follows: 

STATEMENT OF KATHERINE H. STEVENSON, ACTING ASSISTANT DIRECTOR, BUSINESS SERVICES, NATIONAL PARK

SERVICE, 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. 1991, 

a bill to authorize the Secretary of the Interior to conduct 

a study to determine the suitability and feasibility of extending the Lewis and Clark National Historic Trail to include additional sites associated with the preparation and 

return phases of the expedition. 

While the Department has some concerns about the need 

for the study, we do not object to the enactment of S. 1991. 

However, we believe that priority should be given to the 35 

previously authorized studies for potential units of the National Park System, potential new National Heritage 

Areas, and potential additions to the National Trails System and National Wild and Scenic River System that have 

not yet been transmitted to the Congress. 

S. 1991 would authorize a study to determine whether 

the routes followed by Meriwether Lewis and William 

Clark, whether independently or together, in the preparation phase of the expedition starting at Monticello, located 

near Charlottesville, Virginia, and traveling to Wood 

River, Illinois, and in the return phase of the expedition 

from Saint Louis, Missouri, to Washington, D.C., would 

meet the suitability and feasibility criteria for extending 

the Lewis and Clark National Historic Trail to include 

these routes and their associated sites. These sites and 

routes are commonly referred to as the ‘‘Eastern Legacy.’’

These routes include designated Lewis and Clark sites in 

Virginia, the District of Columbia, Maryland, Delaware, 

Pennsylvania, West Virginia, Ohio, Kentucky, Tennessee, 

Indiana, Missouri, and Illinois. The study also would analyze the potential impact that the inclusion of the Eastern 

Legacy would have on those sites, as well as on the tourist 

visitation to the western half of the trail. The bill would 

require the Secretary of the Interior to complete the study 


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and provide its conclusions and recommendations within 

two years from the date funds are first made available for 

that purpose. We estimate the cost to complete the study 

would be approximately $250,000 to $300,000. 

There have been many discussions in recent years between scholars and interested individuals concerning 

whether the Eastern Legacy sites and routes merit inclusion in the Lewis and Clark National Historic Trail. However, the issue of whether this area is suitable and feasible 

as an administrative unit of the National Trails System 

has not been addressed. S. 1991 would provide that authority. 

Discussions in the past against extending the trail to include the Eastern Legacy are focused primarily on the 

common historical understanding of where the expedition 

itself began. President Jefferson’s instructions to Captain 

Meriwether Lewis clearly imply that the expedition began 

with the ascent of the Missouri River. The actual transfer 

of title to and power over the Louisiana Territory from 

France to the United States was not effective until March 

10, 1804. Prior to that date, the Spanish Lt. Governor of 

Upper Louisiana refused the expedition’s request to proceed up the Missouri; so it is clear that the journey of exploration could not begin until after that date. The journals of the expedition by Captains Lewis and Clark are the 

official chronicles of the project. On May 14, 1804, the day 

the expedition left Camp Wood and began its ascent of the 

Missouri River, Captain Clark wrote in his journal ‘‘The 

mouth of the River Dubois is to be considered as the point 

of departure.’’ In his journal, Captain Lewis stated that he 

had informed President Jefferson, by letter, of the departure; this, too, would seem to imply that the expedition 

began that day. 

Some believe that important locations in the Eastern 

Legacy are already recognized by the trail as certified sites 

and that they do not need to be connected to the Lewis 

and Clark National Historic Trail. There is also some concern that extending the trail will somehow dilute the attention to and importance of the existing official trail. 

Others point out that the expedition did not simply 

spring forth from Wood River, Illinois on May 14, 1804, 

but involved years of preparation at other locations. These 

include the ruminations of westward expansion and manifest destiny by Thomas Jefferson at Monticello in Virginia, 

the acquisition of firearms at Harpers Ferry, West Virginia, Lewis’ training in medicine and scientific observation in Philadelphia, and taking delivery of the keel boat 

in Pennsylvania and struggling through low water to bring 

the boat down the Ohio River. 

Although the field expedition ended in September 1806 

with the Corps of Discovery’s return to Saint Louis, there 

were still important tasks to undertake such as reporting 

to the White House to brief the President on the findings 

of the expedition. Some say that Lewis’ death was attributable in large part to the expedition and that his grave 


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on the Natchez Trace should be a part of the trail. As intended by President Jefferson, the expedition and manifest 

destiny had far reaching impacts and ramifications beyond 

the West to American society as a whole, and he certainly 

considered that his dream of a nation from ‘‘sea to shining 

sea’’ had been fulfilled, despite the failure to find the 

mythical ‘‘Northwest Passage.’’ A suitability and feasibility study would take into account the reasons for adding the Eastern Legacy by various interested agencies, organizations, and individuals 

and evaluate the merits of including the additional routes 

and sites in the Lewis and Clark National Historic Trail. 

Mr. Chairman, this concludes my prepared testimony. I 

would be pleased to answer any questions you or other 

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, the Committee notes that no changes in existing law are made by the bill S. 1991, as ordered reported. 

Æ 


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