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                                                       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.