[DOCID: f:sr309.109]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
Calendar No. 552
109th Congress Report
SENATE
2d Session 109-309
======================================================================
CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL HISTORIC TRAIL DESIGNATION ACT
_______
July 31, 2006.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2568]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2568) to amend the National Trails System
Act to designate the Captain John Smith Chesapeake National
Historic 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:
On page 2, strike lines 3 through 16 and insert the
following:
``(A) In General.--The Captain John Smith
Chesapeake National Historic Trail, a series of
water routes extending approximately 3,000
miles along the Chesapeake Bay and the
tributaries of the Chesapeake Bay in the States
of Virginia, Maryland, and Delaware, and in the
District of Columbia, that traces the 1607-1609
voyages of Captain John Smith to chart the land
and waterways of the Chesapeake Bay, as
generally depicted on the map entitled
``Captain John Smith Chesapeake National
Historic Trail Map MD, VA, DE, and DC,''
numbered P-16/80000 (CAJO), and dated May 2006.
``(B) Map.--The map referred to in
subparagraph (A) shall be on file and available
for public inspection in the appropriate
offices of the National Park Service.''.
Purpose of the Measure
The purpose of S. 2568 is to amend the National Trails
System Act to designate the Captain John Smith Chesapeake
National Historic Trail.
Background and Need
Captain John Smith, a soldier of fortune who had served in
western and central Europe and the near East, became perhaps
the most renowned member of the party that founded the first
permanent English settlement in North America at Jamestown,
Virginia. Smith and the Virginia Company arrived at the site
along the James River, Virginia, in 1607. During the next two
years, Smith traveled more than 3,000 miles through Chesapeake
Bay and its tributaries searching for food, trade items, and
the fabled Northwest Passage to the Pacific Ocean. During his
journeys, he made contact with several of the American Indian
tribes that inhabited the area. Based on his journeys, Smith
created the first detailed map of Chesapeake Bay. Smith
eventually served as President of the Jamestown colony before
returning to England to publish a popular account of his
travels.
According to the National Park System Advisory Board, the
body statutorily charged with making recommendations to the
Secretary of the Interior regarding historic trails, Smith's
journey through the Chesapeake was a significant event in the
history of what would become the United States. Smith's maps
and journals became the foundation for English and European
settlement and trade in the area during the early seventeenth
century. The journals of Smith and his companions, though
clouded by what we would today consider a European bias,
provide the first written record of the American Indian
cultures that inhabited the Mid-Atlantic States, cultures that
would all but disappear with the coming of the Europeans.
Congress authorized the Secretary of the Interior to study
the suitability and feasibility of designating Smith's routes
through the Chesapeake and its tributaries as a national
historic trail. Although the study has not been completed, the
Advisory Board's positive recommendation is an important
component of the ultimate recommendation by the Secretary. S.
2568 would designate Smith's routes as the Captain John Smith
Chesapeake National Historic Trail.
Legislative History
S. 2568 was introduced by Senators Sarbanes, Warner, Allen,
Mikulski, Biden, and Carper on April 6, 2006. Senators Santorum
and Specter are also cosponsors. The Subcommittee on National
Parks held a hearing on S. 2568 on May 16, 2006. At the
business meeting on May 24, 2006, the Committee on Energy and
Natural Resources ordered S. 2568, as amended, favorably
reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 24, 2006, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 2568, if
amended as described herein.
Committee Amendment
During consideration of S. 2568, the Committee adopted an
amendment to S. 2568. The amendment adds a reference to a map.
Section-by-Section Analysis
Section 1 titles the Act the ``Captain John Smith
Chesapeake National Historic Trail Designation Act.''
Section 2 amends section 5(a) of the National Trails System
Act by adding the following:
Section 25(A) states that the trail would trace the 1607-
1609 voyages of Captain John Smith through Chesapeake Bay and
its tributaries in the States of Virginia, Maryland, and
Delaware, and in the District of Columbia.
The Committee understands that Smith's expeditions reached
the mouth and falls of the Susquehanna River but did not
venture into what is now Pennsylvania. However, Susquehannock
leaders from present-day Pennsylvania met and traded with
Smith. The Committee therefore encourages the National Park
Service through the Rivers and Trails Program and the National
Trails Program to work closely with the State of Pennsylvania
to explore connecting or side water trails where appropriate to
provide additional points of public access, interpretation and
link existing water trails on the Susquehanna River to the
national historic trail.
Paragraph (B) requires the National Park Service to
maintain a copy of the trail map and make the map available to
the public.
Paragraph (C) requires the Secretary of the Interior to
administer the trail in coordination with two existing Federal
programs, the Chesapeake Bay Gateways and Watertrails Network
(established by Title V of Public Law 105-321) and the
Chesapeake Bay Program (authorized by section 117 of the
Federal Water Pollution Control Act, as amended). The Secretary
is also required to consult with public and private
organizations and entities.
Paragraph (D) prohibits the Secretary from acquiring non-
Federal land for the Trail without the owner's consent.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 7, 2006.
Hon. Pete V. Domenici,
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. 2568, the Captain
John Smith Chesapeake National Historic Trail Designation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 2568--Captain John Smith Chesapeake National Historic Trail
Designation Act
S. 2568 would amend the National Trails System Act to
designate the Captain John Smith Chesapeake National Historic
Trail as a National Historic Trail. The trail consists of a
series of water routes extending about 3,000 miles along the
Chesapeake Bay and its tributaries that trace the voyages of
Captain John Smith. The National Park Service (NPS) would
administer the trail and coordinate the efforts of public and
private entities on trail administration, planning,
development, and maintenance.
Based on information provided by the NPS and assuming the
availability of appropriate funds, CBO estimates that
establishing, developing, and administering the proposed
historic trail would cost about $2 million over the 2007-2011
period. Of this amount, we estimate that the NPS would spend a
total of $400,000 over the next two years to prepare a
comprehensive management plan for the trail. In addition, we
estimate that the NPS would spend about $500,000 annually
beginning in 2009 to maintain the trail, develop access sites,
and install interpretive signs.
S. 2568 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 Matthew
Pickford. 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. 2568. 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. 2568, as ordered reported.
Executive Communications
The views of the Administration on S. 2568 were included in
testimony received by the Committee at a hearing on the bill on
May 16, 2006. This testimony follows:
Statement of Stephen Martin, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to present the views of the Department of the
Interior on S. 2568, a bill to amend the National Trails System
Act to designate the Captain John Smith Chesapeake National
Historic Trail.
The Department is currently completing the study authorized
by Public Law 109-54 to determine the feasibility of
designating this trail. We request that the committee defer
action on the bill until the study is completed. To date, we
have not encountered any information that would lead us to
believe that the trail fails to meet the required criteria for
designation as a national historic trail.
S. 2568 would designate the Captain John Smith Chesapeake
National Historic Trail as a component of the National Trails
System. The trail would be administered by the Department of
the Interior in coordination with the Chesapeake Bay Gateways
and Watertrails Network and the Chesapeake Bay Program. In
addition, the Secretary of the Interior would consult with
other Federal, State, Tribal, regional, and local agencies, and
the private sector in the administration of the trail. No land
could be acquired for the trail outside the boundary of any
Federally managed area without the consent of the owner of the
land.
As we approach the 400th anniversary of the Jamestown
Settlement and the anniversary in 2007 of the beginning of
Captain John Smith's explorations, the conduct of our present
study is most timely. The proposed trail would follow a series
of routes extending approximately 3,000 miles along the
Chesapeake Bay and the tributaries of the Chesapeake Bay in the
States of Virginia, Maryland, Pennsylvania, and Delaware, and
the District of Columbia that trace Captain John Smith's
voyages charting the land and waterways of the Chesapeake Bay
and its tributaries.
Captain John Smith explored the Chesapeake Bay and its
tributaries in a series of voyages and travels from 1607
through 1609, while executing his company's directives to
search for a ``northwest passage'' to the Pacific Ocean.
Smith's two major explorations occurred in the summer of 1608,
each leaving from Jamestown, Virginia. Between the two voyages,
Smith and a small crew traversed the entire length of the
Chesapeake Bay, explored the shoreline of the lower half of the
Eastern Shore, and ventured into the major tributaries along
the western shore of the bay. Smith had extensive interactions
with Native Americans and recorded significant information
about these peoples and the general Chesapeake environment in
his book published in 1612. He also made one of the first and
most detailed maps of the Chesapeake Bay. In Smith's words
``heaven and earth never agreed better to frame a more perfect
place for man's habitation.''
Four hundred years later, the Chesapeake Bay's basic
geography remains relatively similar to Smith's time, but much
else has changed. More than 16 million people live in the
Chesapeake Bay watershed, with the densest concentrations at
locations adjacent to where Smith traveled (Washington, DC,
Baltimore, MD and the greater Norfolk/ Hampton Roads area in
VA). Human uses of the bay region have caused significant
impacts on the Chesapeake environment and the Bay itself. The
establishment of a national historic trail traversing the
routes of John Smith's early voyages would likely provide
increased public knowledge of the history, and sensitivity to
the valuable resources of the Chesapeake Bay, as well as
increased recreational opportunities.
The National Park Service enjoys a close association with
the Chesapeake Bay and local governments and organizations in
the region through the Gateways and Water Trails Network,
authorized by the Chesapeake Bay Initiative Act of 1998. This
partnership system of 147 designated Chesapeake Bay Gateways
serves to connect the American public with the resources and
themes of the nationally significant Chesapeake Bay. Through
its coordination of the network, the National Park Service is
also authorized to provide technical and financial assistance
to gateways for enhancing interpretation, improving public
access, and stimulating citizen involvement in conservation and
restoration efforts. All of these efforts would complement the
proposed trail. S. 2568 provides for coordination of the trail
with the Chesapeake Gateways and Water Trails Network and the
Chesapeake Bay Program.
Our study of the feasibility of designating the Captain
John Smith Chesapeake National Historic Trail is nearing
conclusion. In March 2006, the National Park System Advisory
Board found the routes of John Smith's voyages to be nationally
significant, a major requirement in the finding of national
trail feasibility. The Advisory Board concluded that the trail
is of national significance for its association with the
following themes: (1) Ethnic Heritage (American Indians); (2)
Exploration and Settlement; and (3) Commerce and Trade.
We expect to issue a draft report for public comment no
later than August of this year. In light of this schedule, we
would request that the committee defer action so that the study
may be completed and the public given an opportunity to comment
on any proposed designation alternatives. Our receipt of 167
letters regarding the study since it began indicates
considerable public interest in trail designation.
The Department wishes to recognize the generous support of
the State of Maryland, Commonwealth of Virginia, and the
Chesapeake Bay Commission during the conduct of this study.
This concludes my prepared testimony, Mr. Chairman. I would
be pleased to answer any questions you or the committee might
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
S. 2568, 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
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,
SHORT TITLE
Section 1. This Act may be cited as the ``National Trails System Act''.
* * * * * * *
NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS
Sec. 5. (a) National scenic and national historic trails
shall be authorized and designated only by an Act of Congress.
There are hereby established the following National Scenic and
National Historic Trails:
* * * * * * *
(25) Captain john smith chesapeake national historic
trail.--
(A) In general.--The Captain John Smith
Chesapeake National Historic Trail, a series of
water routes extending approximately 3,000
miles along the Chesapeake Bay and the
tributaries of the Chesapeake Bay in the States
of Virginia, Maryland, and Delaware, and in the
District of Columbia, that traces the 1607-1609
voyages of Captain John Smith to chart the land
and waterways of the Chesapeake Bay, as
generally depicted on the map entitled
``Captain John Smith Chesapeake National
Historic Trail Map MD, VA, DE, and DC'',
numbered P-16/80000 (CAJO), and dated May 2006.
(B) Map.--The map referred to in subparagraph
(A) shall be on file and available for public
inspection in the appropriate offices of the
National Park Service.
(C) Administration.--The trail shall be
administered by the Secretary of the Interior--
(i) in coordination with--
(I) the Chesapeake Bay
Gateways and Watertrails
Network authorized under the
Chesapeake Bay Initiative Act
of 1998 (16 U.S.C. 461 note;
112 Stat. 2961); and
(II) the Chesapeake Bay
Program authorized under
section 117 of the Federal
Water Pollution Control Act (33
U.S.C. 1267); and
(ii) in consultation with--
(I) other Federal, State,
tribal, regional, and local
agencies; and
(II) the private sector.
(D) Land acquisition.--The United States
shall not acquire for the trail any land or
interest in land outside the exterior boundary
of any federally-managed area without the
consent of the owner of the land or interest in
the land.
<all>