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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2052 Reported in Senate (RS)]

                                                       Calendar No. 677
108th CONGRESS
  2d Session
                                S. 2052

                          [Report No. 108-321]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2004

Mrs. Hutchison introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                            August 25, 2004

 Reported under authority of the order of the Senate of July 22, 2004, 
                   by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``El Camino Real de los Tejas 
National Historic Trail Act of 2004''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION AND ADMINISTRATION.</DELETED>

<DELETED>    Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(23) El camino real de los tejas.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), El Camino Real de los Tejas (The Royal Road of 
                historic Tejas) National Historic Trail, a combination 
                of historic routes totaling 2,580 miles in length from 
                the Rio Grande near Eagle Pass and Laredo, Texas, to 
                Natchitoches, Louisiana, and including the Old San 
                Antonio Road, as generally depicted on the maps 
                entitled `El Camino Real de los Tejas', contained in 
                the report prepared pursuant to subsection (b) entitled 
                `National Historic Trail Feasibility Study and 
                Environmental Assessment: El Camino Real de los Tejas, 
                Texas-Louisiana', dated July 1998. The National Park 
                Service is authorized to administer designated portions 
                of this trail system as a national historic trail as 
                set forth in this paragraph.</DELETED>
                <DELETED>    ``(B) Establishment.--</DELETED>
                        <DELETED>    ``(i) Publicly owned lands.--
                        Congress authorizes the establishment of El 
                        Camino Real de los Tejas national historic 
                        trail and the respective administration on 
                        those portions of the historic trail routes and 
                        related historic sites within publicly owned 
                        lands when such trail related resources meet 
                        the purposes of this Act or certification 
                        criteria set by the Secretary of the Interior 
                        per section 3(a)(3) of this Act.</DELETED>
                        <DELETED>    ``(ii) Privately owned lands.--
                        Congress authorizes the establishment of El 
                        Camino Real de los Tejas national historic 
                        trail and the respective administration on 
                        those portions of the historic trail routes and 
                        related historic sites within privately owned 
                        lands only through the voluntary and expressed 
                        consent of the owner and when such trails and 
                        sites qualify for certification as officially 
                        established components of the national historic 
                        trail. The owner's approval of a certification 
                        agreement satisfies the consent requirement. 
                        Certification agreements are not legally 
                        binding and may be terminated at any time. 
                        Should land ownership change at a certified 
                        site, the certification will cease to be valid 
                        unless the new owner consents to a new 
                        agreement.</DELETED>
                <DELETED>    ``(C) Private property rights 
                protection.--Nothing in this Act or in the 
                establishment of any portion of the national historic 
                trail authorizes any person to enter private property 
                without the consent of the owner. Nothing in this Act 
                or in the establishment of any portion of the national 
                historic trail will authorize the Federal Government to 
                restrict private property owner's use or enjoyment of 
                their property subject to other laws or regulations. 
                Authorization of El Camino Real de los Tejas National 
                Historic Trail under this Act does not itself confer 
                any additional authority to apply other Federal laws 
                and regulations on non-Federal lands along the trail. 
                Laws or regulations requiring public entities and 
                agencies to take into consideration a national historic 
                trail shall continue to apply notwithstanding the 
                foregoing. Notwithstanding section 7(g) of this Act, 
                the United States is authorized to acquire privately 
                owned real property or an interest in such property for 
                purposes of the national historic trail only with the 
                consent of the owner of such property and shall have no 
                authority to condemn or otherwise appropriate privately 
                owned real property or an interest in such property for 
                the purposes of El Camino Real de los Tejas National 
                Historic Trail.</DELETED>
                <DELETED>    ``(D) Coordination of activities.--The 
                Secretary of the Interior 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.</DELETED>
                <DELETED>    ``(E) Consultation.--The Secretary of the 
                Interior shall consult with appropriate State agencies 
                in the the planning, development, and maintenance of El 
                Camino Real de los Tejas National Historic 
                Trail.''.</DELETED>

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.
            ``(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.''.

                                                       Calendar No. 677

108th CONGRESS

  2d Session

                                S. 2052

                          [Report No. 108-321]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            August 25, 2004

                       Reported with an amendment
```