[DOCID: f:sr290.110]
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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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