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[Senate Report 110-290]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 642
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-290

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                   ARIZONA NATIONAL SCENIC TRAIL ACT

                                _______
                                

                 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. 1304]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1304) to amend the National Trails System 
Act to designate the Arizona National Scenic 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 ``Arizona National Scenic Trail Act''.

SEC. 2. DESIGNATION OF ARIZONA NATIONAL SCENIC 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:
          ``(26) Arizona national scenic trail.--
                  ``(A) In general.--The Arizona National Scenic Trail, 
                extending approximately 807 miles across the State of 
                Arizona from the U.S.-Mexico international border to 
                the Arizona-Utah border, as generally depicted on the 
                map entitled `Arizona National Scenic Trail' and dated 
                December 5, 2007, to be administered by the Secretary 
                of Agriculture, in consultation with the Secretary of 
                the Interior and appropriate State, tribal, and local 
                governmental agencies.
                  ``(B) Availability of map.--The map shall be on file 
                and available for public inspection in appropriate 
                offices of the Forest Service.''.

                                Purpose

    The purpose of S. 1304 is to amend the National Trails 
System Act to designate the Arizona National Scenic Trail.

                          Background and Need

    The Arizona Trail is a proposed 807 mile non-motorized 
trail that traverses Arizona from Mexico to Utah. The trail is 
intended to be a primitive, long distance trail that highlights 
the State's topographic, biologic, historic, and cultural 
diversity. The primary uses are expected to be hiking, 
equestrian use, and mountain bicycling.
    In late 1993, an Intergovernmental Agreement was 
established between Arizona State Parks, the Forest Service, 
the National Park Service, and the Bureau of Land Management 
that allowed those agencies to cooperatively plan for the 
development and completion of the Arizona Trail. In 1995, a 
Memorandum of Understanding was developed for the Arizona 
Trail.
    The Trail is made up of 43 segments ranging from 11 to 35 
miles in length. In most places, the Arizona Trail overlays 
existing trails. Primitive roads are temporarily being used in 
areas where linkages are needed. However, new trail 
construction is needed in these areas, especially to maintain 
the vision of a non-motorized trail. When complete, the Arizona 
Trail will become one of the premier long-distance trails in 
the country.

                          Legislative History

    S. 1304 was introduced by Senator McCain and Senator Kyl on 
May 3, 2007. The Subcommittee on National Parks held a hearing 
on the bill on September 11, 2007. (S. Hrg. 110-213).
    During the 109th Congress, the Subcommittee held a hearing 
on a similar measure, S. 588 (S. Hrg. 109-101). However, no 
further action was taken. Senators McCain and Kyl also 
introduced a bill a similar bill in the 108th Congress, S. 
2354, although no action was taken on the bill.
    At its business meeting on January 30, 2008, the Committee 
on Energy and Natural Resources ordered S. 1304 favorably 
reported, with an amendment in the nature of a substitute.

                        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. 1304, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1304, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
conformed the language in the bill to other recent additions to 
the National Trails System. The amendment is explained in 
detail in the section-by-section analysis, below.

                      Section-By-Section Analysis

    Section 1 contains the short title, the ``Arizona National 
Scenic Trail Act.''
    Section 2 amends section 5(a) of the National Trails System 
Act (16 U.S.C. 1244(a)) to add a new paragraph designating the 
Arizona National Scenic Trail. The trail extends approximately 
807 miles across the State of Arizona, from the international 
border with Mexico north to the Utah border, as generally 
depicted on the referenced map. The trail is to be administered 
by the Secretary of Agriculture, in consultation with the 
Secretary of the Interior and appropriate State, tribal, and 
local governmental agencies.

                   Cost and Budgetary Considerations

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

S. 1304--Arizona National Scenic Trail Act

    S. 1304 would amend the National Trails System Act to 
designate 807 miles of trail in Arizona from the U.S.-Mexico 
international border to the Arizona-Utah border as a scenic 
trail in the National Trails System. The Forest Service in the 
Department of Agriculture would administer the trail and 
coordinate the efforts of public and private entities on trail 
planning, development, and maintenance.
    Based on information provided by the Forest Service and 
assuming the availability of appropriated funds, CBO estimates 
that establishing and administering the proposed scenic trail 
would cost about $1 million over the 2009-2013 period. Of this 
amount, we estimate that the Forest Service would spend about 
$150,000 annually for administrative and maintenance costs, 
including additional personnel.
    S. 1304 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 Mark Grabowicz. 
The estimate was approved by Theresa Gullo, 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. 1304. 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. 1304, as ordered reported.

                   Congressionally Directed Spending

    S. 1304, 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 for the record by the Forest Service 
at the September 11, 2007 Subcommittee hearing on S. 1307 
follows:

               Statement of the Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the Administration's views on S. 
1304, a bill to amend the National Trails System Act to 
designate the Arizona Trail as a National Scenic Trail.
    The Administration does not object to S. 1304. While the 
Administration typically does not support the designation of a 
National Scenic Trail without the completion of a feasibility 
study, we recognize that the Arizona Trail presents a unique 
situation.
    The Arizona Trail designation is unique because it is 
located primarily on public land, it is already established for 
much of its length and it has strong local, regional and state 
advocates and it offers outstanding recreational opportunities. 
For these reasons we do not object to an expedited process in 
this case and proceeding directly to designation. We do, 
however, plan to continue efforts to engage the public in the 
management of the trail, especially to private land owners that 
may be affected by the designation.
    All but one of the National Scenic Trails designated 
subsequent to the enactment of the National Trails System Act 
have undergone a feasibility study prior to enactment. However, 
in the case of the Arizona Trail, because of its unique 
circumstances, the Administration does not object to directly 
designating the trail as a national scenic trail. The 
Administration would be unlikely, however, to support future 
legislation to designate National Scenic Trails that bypass 
requirements under the National Trails System Act to conduct 
feasibility studies. A feasibility study allows the public to 
have a comprehensive look at the effects of designated national 
scenic trails and provides the public with the opportunity to 
comment on all aspects of the trail. Information provided by 
the public during this review adds value and is useful for the 
future management of the scenic trail. A study would also 
review and recommend the most effective and efficient 
management of the trail.
    Approximately 85% of the trail crosses federal land, 10% 
crosses State lands, and the remainder of the trail crosses 
private, municipal or county lands. The trail was established 
as a primitive long-distance hiking, horseback, and mountain 
biking trail that links all of Arizona's major physiographic 
zones (the mountains, canyons, deserts, forests, historic 
sites, and mesas) to local communities and Arizona's major 
metropolitan areas. The Arizona Trail's significance is found 
in the diversity of resources, landscapes and recreational 
opportunities that it represents.
    The Arizona Trail was conceived in 1985 as a continuous 
non-motorized trail from Mexico to Utah. The Arizona Trail 
connects Arizona's north and south borders across mountain 
ranges and deserts for approximately 807 miles. In 1993, the 
U.S. Forest Service, National Park Service, Bureau of Land 
Management, and Arizona State Parks developed a cooperative 
agreement to work together to develop this non-motorized trail. 
Since then more than 750 miles of trail have been opened to the 
public, maps and trail resource information have been 
developed, and routine trail maintenance has been carried out, 
while efforts continue to open the remaining 57 miles of trail. 
An important characteristic of all National Trails is the 
partnerships they generate. The Arizona Trail already has 
strong regional, state and local advocates, all of whom have 
worked hard at creating and maintaining a trail featuring the 
incredible natural and cultural diversity of the State of 
Arizona. In 1994, the non-profit Arizona Trail Association 
(ATA) was founded ``to coordinate the planning, development, 
management, and promotion of the Arizona Trail for the 
recreational and educational experiences of non-motorized trail 
users.'' If designated by Congress as a National Scenic Trail, 
the Arizona trail will be administered by the U.S. Forest 
Service in close coordination with the Arizona Trail 
Association and any relevant State and local agencies that may 
wish to help with the Trail.
    National scenic trails are continuous, primarily non-
motorized routes of outstanding recreational opportunity. These 
trails provide for outdoor recreation needs, promote the 
enjoyment, appreciation, preservation of open-air, outdoor 
areas and historic resources, and encourage public access and 
citizen involvement. National historic trails commemorate 
historic and prehistoric routes of travel that are of 
significance to the entire Nation. Because of its 
characteristics, the Arizona Trail is more likely to meet the 
criteria for a scenic trail rather than an historic trail.
    Thank you again for the opportunity to present the 
Administration's views on S. 1304. This completes our statement 
for the record.

                        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. 1304 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:

           *       *       *       *       *       *       *

          (26) Arizona National Scenic Trail.--
                  (A) In general.--The Arizona National Scenic 
                Trail, extending approximately 807 miles across 
                the State of Arizona from the border between 
                the States of Arizona and Utah to the 
                international border with Mexico, as generally 
                depicted on the map entitled `Arizona National 
                Scenic Trail and Congressional Districts' and 
                dated April 10, 2007, to be administered by the 
                Secretary of Agriculture, in consultation with 
                the Secretary of the Interior and appropriate 
                State, tribal, and local governmental agencies.
                  (B) Availability of map.--The map shall be on 
                file and available for public inspection in 
                appropriate offices of the Forest Service.

           *       *       *       *       *       *       *

                                  
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