Foundation Document
Juan Bautista de Anza National Historic Trail
Arizona and California March 2023
NATIONAL PARK SERVICE • U.S. DEPARTMENT OF THE INTERIOR Foundation Document
Juan Bautista de Anza National Historic Trail
Contents
Mission of the National Trails System 1
Mission of the National Park Service 2
Introduction 3
Part 1: Core Components 4
Brief Description of the Trail 4
Trail Nature and Purpose 5
Trail Significance 6
Fundamental Resources and Values 7
Interpretive Themes 9
Part 2: Dynamic Components 10
Special Mandates and Administrative Commitments 10
Special Mandates 10
Administrative Commitments 11
Assessment of Planning and Data Needs 11
Analysis of Fundamental Resources and Values 11
Identification of Key Issues and Associated Planning and Data Needs 17 Planning and Data Needs 18
Other Potential Internal Activities to Address Issues – Activities Outside of a Structured Planning or Data Gathering Process 21 Part 3: Contributors 22
Juan Bautista de Anza National Historic Trail 22
NPS Regions 8, 9, 10, and 12 22
Other NPS Staff 22
Partners 22
Appendixes 23
Appendix A: Enabling Legislation for Juan Bautista de Anza National Historic Trail 23
Appendix B: Inventory of Administrative Commitments 38
Foundation Document
The national
trails system trail
marker logos were
established by the
National Trails
System Act (1968).
Every national
historic or national
scenic trail has its
own official insignia.
1 Juan Bautista de Anza National Historic Trail
Mission of the National Trails System
The national trails system is the network of scenic, historic, and recreation trails created by the National Trails System Act of 1968 and amended over time. This act authorized three types of trails: the national scenic trails, national recreation trails, and connecting and side trails.
National historic trails were authorized under the National Parks and Recreation Act of 1978, amending the National Trails System Act of 1968. These trails provide for outdoor recreation needs, promote the enjoyment, appreciation, and preservation of open-air, outdoor areas and historic resources, and encourage public access and citizen involvement. Currently there are 19 national historic trails and 11 national scenic trails in the national trails system.
The National Trails System Act authorizes trail administrators to work with states or their political subdivisions, landowners, private organizations, or individuals to operate, develop, and maintain any portion of such a trail either within or outside a federally administered area. These partnerships may include provisions for limited financial assistance to encourage participation in the acquisition, protection, operation, development, or maintenance of such trails. Partnerships may also include providing Volunteers- In-Parks status to individuals, private organizations, or landowners participating in these sorts of activities.
National historic trails follow as closely as possible and practicable the original trails or routes of travel of national historical significance. According to the National Trails System Act, national historic trails “have as their purpose the identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment. Only those selected land and water-based components of a historic trail which are on federally owned lands and which meet the national historic trail criteria established in this Act are included as Federal protection components of a national historic trail.”
National historic trails commemorate historic routes and promote their preservation and development for public use. They recognize diverse facets of history such as prominent past routes of exploration, migration, trade, communication, and military action. Since national historic trails consist of remnant sites and trail segments, they are not necessarily contiguous.
In addition, while they are administered by federal agencies, land ownership of the sites and segments may be in public or private hands.
The arrowhead was authorized as the official National
Park Service emblem by the Secretary of the Interior
on July 20, 1951. The sequoia tree and bison represent
vegetation and wildlife, the mountains and water
represent scenic and recreational values, and the
arrowhead represents historical and archeological values.
Foundation Document
2 Mission of the National Park Service
The National Park Service (NPS) preserves unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations. The National Park Service cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.
National Park Service Director’ s Order 45: National Trails System outlines NPS policies and procedures for national scenic and historic trails to ensure that congressionally designated trails are recognized and operated on a consistent basis to ensure protection of the characteristics and values of the trails and their use and enjoyment by future generations.
The NPS core values are a framework in which the National Park Service accomplishes its mission. They express the manner in which, both individually and collectively, the National Park Service pursues its mission. The NPS core values are:
Integrity: We deal honestly, ethically, and fairly with the public and one another.
Stewardship: We provide and inspire exceptional care of the places entrusted to us by the American people.
Respect: We embrace our differences and treat each person with dignity.
Engagement: We each participate fully, extend genuine invitations, and remove barriers to inclusion.
Collaboration: We succeed by engaging beyond our silos, tapping new ideas, and expanding our community.
Accountability: We earn the public’s trust each day by competently and transparently fulfilling our responsibilities.
The National Park Service is a bureau within the Department of the Interior. While numerous national park system units were created prior to 1916, it was not until August 25, 1916, that President Woodrow Wilson signed the National Park Service Organic Act formally establishing the National Park Service.
The national park system continues to grow and comprises more than 400 park units covering more than 84 million acres in every state, the District of Columbia, American Samoa, Guam, Puerto Rico, and the Virgin Islands. These units include, but are not limited to, national parks, monuments, battlefields, military parks, historical parks, historic sites, lakeshores, seashores, recreation areas, scenic rivers and trails, and the White House. The variety and diversity of park units throughout the nation require a strong commitment to resource stewardship and management to ensure both the protection and enjoyment of these resources for future generations.
3 Juan Bautista de Anza National Historic Trail
Introduction
A foundation document serves as the underlying guidance for administration and planning decisions for national park units as well as components of the National Trails System.
It describes the core mission of the trail by identifying the trail’s purpose, significance, fundamental resources and values, and interpretive themes. The foundation document also includes special mandates and administrative commitments, an assessment of planning and data needs that identifies planning issues, planning products to be developed, and the associated studies and data required for trail planning. Along with the core components, the assessment provides a focus for trail planning activities and establishes a baseline from which planning documents are developed.
A primary benefit of developing a foundation document is the opportunity to integrate and coordinate all kinds and levels of planning from a single, shared understanding of what is most important about the trail. The process of developing a foundation document begins with gathering and integrating information about the trail. Next, this information is refined and focused to determine what the most important attributes of the trail are. The process of preparing a foundation document aids trail administration and the public in identifying and clearly stating in one document the essential information that is necessary for trail administrators to consider when determining future planning efforts, outlining key planning issues, and protecting resources and values that are integral to trail purpose and identity.
Foundation Document
4 Part 1: Core Components
The core components of a foundation document include a brief description of the trail, trail nature and purpose, significance statements, fundamental resources and values, and interpretive themes. These components are core because they typically do not change over time. Core components are expected to be used in future planning and administration efforts.
Brief Description of the Trail
The Juan Bautista de Anza National Historic Trail (NHT) is the route traveled by the Anza colonizing expedition during the years 1775–1776. Starting in Sinaloa and Sonora, New Spain which is now in Mexico), Anza led over 240 colonists to San Francisco to establish a mission and presidio. In addition to Anza and Father Pedro Font, the expedition was composed of colonists that included 30 soldiers, their wives, and more than 100 children, as well as indigenous guides, vaqueros, muleteers, and servants, among others. The families reflected mostly the lower castes of colonial Spain—a mix of indigenous, African, and European heritage. The historic trail (also called the Anza Trail) connects Mexico to San Francisco and the 18th century to the 21st century. The Anza Trail invites travelers to learn about the interweaving of the three elements of the Spanish plan for the colonization of its northern frontier: presidios (military forts), missions (religious centers), and pueblos (civilian towns) and makes connections to the current-day consequences of their historical actions. On June 27, 1776, the expedition families arrived in the area that is now San Francisco. Anza forged alliances with several tribes along the route, but ultimately, Spanish colonization advanced a devastating blow to the tribal world as it existed. Today, the tribal communities whose lands Anza traveled through—Quechan, Ohlone, O'odham, Tongva, and many more—continue to thrive and pass on their traditions. The descendants of these colonist Californio families also commemorate their heritage along the Anza Trail. The current 1,200-mile Juan Bautista de Anza National Historic Trail connects history, culture, and outdoor recreation from Nogales, Arizona, to the San Francisco Bay area. A marked auto route approximates the areas where the expedition traveled. Several communities, public lands, and parks offer developed segments of the Anza Recreation Trail for walking, hiking, horse riding, and bicycling.
Administered by the National Park Service, the Juan Bautista de Anza National Historic Trail is a component of both the national trails system and the national park system. The National Park Service administers the Juan Bautista de Anza National Historic Trail in partnership with other federal, state, and local agencies; tribal governments; nonprofit organizations; and private landowners. The NPS role includes leadership for the trail and establishing best practices and ensuring consistency among all partners involved with administration and on-the-ground management of the trail and trail resources.
5 Juan Bautista de Anza National Historic Trail
Trail Nature and Purpose
The nature and purpose statements identify the geographical extent and historic use of a particular national historic trail and the public purposes for which it was designated by Congress.
The nature of any national historic trail is defined by the trail’ s physical and historical qualities:
its geographical extent and route alignment, geophysical contexts (e.g., plains, mountains, deserts, major rivers and landmarks), terrain, historic remnants, historic landscapes and settings, and historic use during the trail’s established period of historical significance. The nature of a trail can vary across its length as it enters different ecoregions and terrains.
The nature and purpose statements for the Juan Bautista de Anza National Historic Trail were drafted through a careful analysis of its enabling legislation and the legislative history that influenced its development. The trail was established when the National Trails System Act was amended on August 15, 1990 (appendix A). The nature and purpose statements lay the foundation for understanding what is most important about the trail.
The specific nature of the Juan Bautista de Anza National Historic Trail is as follows:
As defined by the National Trails System Act ( NTSA), the Juan Bautista de Anza National Historic Trail’s purpose is as follows:
The identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment [NTSA section 3 (3)], which provides
recreational use or historical interest based on historic interpretation and appreciation. [ NTSA section 5 (b) (11) C]
The Juan Bautista de anza national
Historic trail commemorates and
interprets the route, complex story, and
compelling landscapes of the 1775–1776
Anza Colonizing Expedition from Sonora,
Mexico, to current-day San Francisco,
California. Whether entwined with a city
or isolated from civilization, the trail offers
adventure, diverse cultural perspectives,
multiple narratives, and an opportunity to
experience history by linking the past with
the present. Working with volunteer trail
groups, trail managers strive to develop,
maintain, and steward the trail for present
and future generations to use and enjoy.
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6 Trail Significance
Statements of significance for national historic trails describe the distinctive nature of the trail and the significance of the trail in the nation’ s history. They focus on historical uses and experiences, important places, remnants, and geographies, and values that will assist in trail planning and administration. These statements are linked to the nature and purpose of the Juan Bautista de Anza National Historic Trail and are supported by data, research, and consensus.
They help to define the fundamental resources and values to be considered in planning, protection, and development of the designated route.
The following significance statements have been identified for Juan Bautista de Anza National Historic Trail. (Please note that the sequence of the statements does not reflect the level of significance.)
The Anza expedition was the first military-led colonizing expedition to Alta California and was an integral part of Spain’s geopolitical and global empire building strategy. This expedition established Spanish power through colonization, a path that came at the expense of indigenous peoples and their cultures.
The members of the Anza expedition represented families of indigenous, African, and European heritage. They migrated, seeking opportunity, and brought with them their language, customs, and traditions. They established military outposts, missions and ranchos on lands occupied by existing indigenous peoples and nations—a reminder of our complicated American story. All had a significant impact on the cultures of the indigenous peoples and on the development of California and its layered heritage.
The landscapes of the Juan Bautista de Anza National Historic Trail, from urban to rural, reflect the legacy of the Anza expedition and provide a framework for understanding its stories.
The Juan Bautista de Anza National Historic Trail allows for the creation of a contiguous, over 1,210-mile-long recreation trail that provides opportunities to physically traverse and experience the stories and landscapes of the historic expedition’ s corridor.
The Juan Bautista de Anza National Historic Trail historic corridor passes through a wide variety of communities: rural, urban, indigenous, and international. Inherent in this cultural corridor is a unique opportunity for cultural exchange and recreation, inspiring a great number and diversity of people in their own communities to connect with the places, spaces and stories while providing a setting for dialogue and healing. 7 Juan Bautista de Anza National Historic Trail
Fundamental Resources and Values
Fundamental resources and values (FRVs) are those features, systems, processes, experiences, stories, scenes, sounds, smells, or other attributes determined to warrant primary consideration during planning and management processes because they are essential to achieving the purpose of the trail and communicating its significance. Fundamental resources and values are closely related to a trail’s legislative purpose and are more specific than significance statements.
Fundamental resources and values help focus planning and administrative efforts on those resources and qualities of a national historic trail that help convey its significance to the public. One of the most important responsibilities of trail administrators is to ensure the conservation and public enjoyment of those qualities that are essential to achieving the purpose of the trail and communicating its significance. If fundamental resources and values are ignored or allowed to deteriorate, then the collective significance of the historic route may be compromised, along with opportunities for public use and enjoyment, and the trail will not achieve its designated purposes.
The following fundamental resources and values have been identified for the Juan Bautista de Anza National Historic Trail:
Retracement Project. A retracement project synthesizes the history of a journey with the physical path of travel, continually reassembling layered stories and associating/ mapping them with paths and places accessible in the present. The congressional charge to create a recreation retracement route was
once unique to the Anza trail; now it is included in
other NHT enabling legislation. This project ties
all aspects of the trail’s resources and management
together, connecting sites, landscapes, people, and
the stories that make up the Anza Trail corridor.
Beyond a simple recreation trail experience, this
project builds on past historiographic work to
connect urban, remote, and historic places, from
the seemingly ordinary to the spectacular and
the evolving/ continuing legacy of the expedition.
The network of connections, sites, and stories
creates opportunity for people to build upon their
understanding as they experience more of the Anza
trail, merging history with mobility.
Partnerships. Administration of the Juan Bautista
de Anza National Historic Trail is achieved through
close partnership with federal, state, and local
agencies, indigenous peoples, tribes, community
organizations, volunteers, private landowners,
Mexican institutions, and many others. These
partnerships are essential to the success and
relevance of the trail. The trail provides a framework
and cultivates a synergy between partners. Their
collaboration and contributions enrich and honor
the multiple, complex, and emerging narratives
through research, recreational and educational
opportunities, preservation, promotion, and
interpretation. These partnerships are instrumental
in engaging communities along the trail.
Foundation Document
8 Recreation Trail. The vision for the recreation trail is that it is a continuous trail that offers a way for users to fully immerse themselves in the experience that is the Anza Trail. The recreation trail is a tangible experience of place for people and offers the opportunity to relate to the story and legacy of the expedition through the physical act of travelling the trail. Engaging with the recreation trail provides immersion and familiarity with a particular place within the corridor while enhancing understanding of the broader story and intertwining it with the retracement project.
Historic Sites, Artifacts, Primary Sources, and Documents. The history of the Juan Bautista de Anza National Historic Trail is preserved in an extensive assemblage of historic sites, documents, and oral histories. These include trail segments, research and primary source documents, tribal testimony, and high-potential historic and interpretive sites that collectively tell the human story of the Anza expedition. National Park Service trail administrators provide resources and a point of reference that are fundamental to fulfilling the academic, interpretive, and historic purposes of the trail.
This is accomplished through partnerships, since the National Park Service does not itself establish or maintain historic and interpretive sites or manage the collection of resources or digital and traditional access.
Education and Interpretation. The accounts and evidence of life on the trail and its evolving landscape provide learning opportunities to a broad spectrum of individuals, from people initially encountering the trail to scholars. Through interpretation, trail users engage with the complex histories and cultures of this ancient and ever-evolving corridor. The complexity of these stories provides the opportunity and framework to understand multiple narratives and can serve as a space to have dialogue to reflect on and reconcile the legacy of the expedition. The collaborative development of interpretation and education, through partnerships, provides opportunities for healing through a more complete understanding of heritage in the United States. This, in turn, attracts new and diverse audiences to foster growth among trail stewards and supporters. 9 Juan Bautista de Anza National Historic Trail
Interpretive Themes
Interpretive themes are the key stories or concepts that visitors should understand after visiting a trail or engaging with interpretive media about the trail—they define the most important ideas or concepts communicated to visitors about a component of the national trails system.
Themes are derived from, and should reflect, trail purpose, significance, resources, and values.
The set of interpretive themes is complete when it provides the structure necessary for trail administrators to develop opportunities for visitors to explore and relate to all trail significance statements and fundamental resources and values.
Interpretive themes are an organizational tool that reveal and clarify meaning, concepts, contexts, and values represented by trail resources. Sound themes are accurate and reflect current scholarship and science. They encourage exploration of the context in which events or natural processes occurred and the effects of those events and processes. Interpretive themes go beyond a mere description of the event or process to foster multiple opportunities to experience and consider the trail and its resources. These themes help explain why a trail story is relevant to people who may otherwise be unaware of connections they have to an event, time, or place associated with the trail.
The following interpretive themes have been identified for Juan Bautista de Anza National Historic Trail:
The network of trails that became the expedition route and the Anza trail have existed for millennia as indigenous pathways.
The Anza expedition history represents the universal theme of people crossing great distances and enduring tremendous hardships in the hopes of finding a better life for themselves and their families.
The colonists’ diverse cultural backgrounds laid the foundation for what California would become.
Generations of people living in what is now California have been and continue to be impacted by the colonial actions of the Spanish Empire. Particularly, colonization came at the expense of the indigenous peoples through subjugation and the taking of land.
The Anza expedition, and the resulting colonization, was a major catalyst for change in natural and cultural landscapes.
Today, the trail weaves through
landscapes layered with biological and
cultural significance; the trail is a thread
connecting communities, ecosystems,
and a great diversity of people.
The Anza trail and its development
connect people and cultures through
time. The embodied experience
of traversing the trail creates a
setting for deeper dialogue about
colonization, changing landscapes, and
cultural heritage.
The Anza trail and its development can
serve as a setting for understanding and
healing through stewardship, service,
recreation, dialogue, and the sharing of
space and stories.
Foundation Document
10 Part 2: Dynamic Components
The dynamic components of a foundation document include special mandates and administrative commitments and an assessment of planning and data needs. These components are dynamic because they will change over time. New special mandates can be established and new administrative commitments made. As conditions and trends of fundamental resources and values change over time, the analysis of planning and data needs will need to be revisited and revised, along with key issues. Therefore, this part of the foundation document will be updated accordingly.
Special Mandates and Administrative Commitments
Administration of a national historic trail may be directed or influenced by special mandates and commitments with other federal agencies, state and local governments, partnering organizations, and other entities. Special mandates are requirements specific to a trail that must be fulfilled. Mandates can be expressed in enabling legislation, in separate legislation following the establishment of a national historic trail, or through a judicial process. They may expand on the trail’s nature and purpose or introduce elements unrelated to the nature and purpose of the trail. Administrative commitments have generally been reached through formal, documented processes, often through various types of agreements. Examples include partnership certifications with nonfederal landowners, etc. Special mandates and administrative commitments can support, in many cases, a network of partnerships that help fulfill the objectives of the trail and facilitate working relationships with other organizations.
They are an essential component of administering and planning for the Juan Bautista de Anza National Historic Trail.
Special Mandates
In its enabling legislation, Juan Bautista de Anza National Historic Trail is charged to “encourage volunteer trail groups to participate in the development and maintenance of the trail.” 11 Juan Bautista de Anza National Historic Trail
Administrative Commitments
Juan Bautista de Anza National Historic Trail administrative commitments are defined by its designation as a national historic trail and through the provisions of the National Trails System Act (Public Law [PL] 09-543 as amended through PL 111-11), specifically section 3 ( 16 United States Code [USC] 1242), as follows:
National historic trails will be extended trails that follow the original trails or routes of travel of national historic significance as closely as possible and practicable.
Designation of such trails or routes shall be continuous, but the established or developed trail, and the acquisition thereof, need not be continuous on site.
National historic trails shall have as their purpose the identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment.
Only those selected land- and water-based components of a historic trail that are on federally owned lands and meet the national historic trail criteria established in this act are included as federal protection components of a national historic trail.
The appropriate secretary may certify other lands as protected segments of a historic trail upon application from state or local governmental agencies or private interests involved if such segments meet the national historic trail criteria established in this act and such criteria supplementary thereto as the appropriate secretary may prescribe and are administered by such agencies or interests without expense to the United States.
For more information about the administrative commitments for Juan Bautista de Anza National Historic Trail, please see appendix B.
Assessment of Planning and Data Needs
This section presents planning issues, the planning projects that will address these issues, and the associated information requirements for planning, such as resource inventories and data collection, including GIS data.
There are three sections in the assessment of planning and data needs:
1. analysis of fundamental resources and values
2. identification of key issues and associated planning and data needs and other internal activities
3. identification of planning needs, data needs ( including spatial mapping activities or GIS maps), and other internal activities
The analysis of fundamental resources and values and identification of key issues leads up to and supports the identification of planning and data collection needs and other internal activities.
Analysis of Fundamental Resources and Values
The fundamental resource and value analysis table includes current conditions, potential threats and opportunities, planning and data needs, and selected laws and NPS policies related to management of the identified resource or value. These topics are not listed by order of priority.
Foundation Document
12 Fundamental
Resource or Value Retracement Project
Current Conditions
and Trends
Conditions
Retracement links the stories ( research, narrative, history) to the physical trail ( mapped, constructed)
Public historians contribute and may or may not agree with one another There is no authoritative source
The Juan Bautista de Anza National Historic Trail does not own or manage any of the primary documents associated with the trail
While public lands have provided significant opportunities for retracement trail projects, connecting story to site outside the federal or state land systems represents a massive and complex project of relationship- building and physical planning Trends
Trail projects, formerly focused primarily on mobility, are increasingly thought of as places of meaning and memory
Interest is growing in the legacy of the trail, along with recognition of multiple evolving historical narratives, many of which were previously unacknowledged Threats and
Opportunities
Threats
Trail staff cannot possibly manage the stories or materials being produced by partners or interested people
The recreation trail may be at a distance from the historic corridor, and the means to connect/ interpret physical trail to historical place, corridor, or context may be diffuse Opportunities
Provide interpretive training for docents
Host brown bag meetings to discuss topics or highlight volunteers to help manage the narrative
Increase support for active transportation projects and funding Data and/or GIS Needs
Tribal member oral histories
Historic resource study
Ethnology study
Inventory of existing nonpersonal interpretive media
Planning Needs
Community partner engagement plan
Comprehensive interpretive planning
Comprehensive recreation trail planning
Strategy/ conservation of high potential site strategy
Laws, Executive
Orders, and
Regulations That
Apply to the FRV,
and NPS Policy-Level
Guidance
Laws, Executive Orders, and Regulations That Apply to the FRV National Trails System Act of 1968, as amended
NPS Policy- Level Guidance ( NPS Management Policies 2006 and Director’ s Orders) Director’ s Order 45: National Trails System.
NPS Management Policies 2006 (§1 10) “ Partnerships ”
Juan Bautista de Anza National Historic Trail
13 Fundamental
Resource or Value Education and Interpretation
Current Conditions
and Trends
Conditions
The historic 1849 Martinez Adobe at the John Muir National Historic Site, which houses the only permanent Anza trail exhibit, has been closed due to the need for structural repairs This building closure is expected to last until 2026 Partnership with education nonprofit organization engages over 3, 700 third- and fourthgrade students in Southern Arizona and Southeast California Nonpersonal interpretive media ( waysides and exhibits) are located along high- potential segments and historic sites along the trail
Volunteer groups provide interpretation and education on Amtrak and as reenactors Trends
Through cooperative agreements with nonprofit organizations, students and youth are educated and engaged
The NPS app and online resources are becoming the entry points for public engagement Threats and
Opportunities
Threats
Interpretation volunteerism is declining
The new generations of trail supporters is not connecting with the trail due to a lack of mentors, a generation gap, and a lack of relevancy to the colonial story Interpretive media along the trail is becoming “ invisible” through overuse or irrelevant methods
Opportunities
Take advantage of the designation and development of the Santa Cruz Valley Heritage Area, which is a boon to the Anza trail interpretation The trail is recognized in the community as the spine of the heritage area
Provide recognition and support for national trails through the NPS VIP program Work with partners to improve the relevancy of the trail and connect with new audiences, focusing on multiple narratives, working with partners who work with youth and tribal representatives, and finding new methods for telling stories Find new ways to engage the public on the trail through nonpersonal interpretive media and think outside of the wayside
Data and/or GIS Needs
Inventory of existing nonpersonal interpretive media, including condition and relevancy Public use data along existing certified segments of the trail for use in planning, outreach, and prioritizing projects
Planning Needs • Comprehensive interpretive planning
Laws, Executive
Orders, and
Regulations That
Apply to the FRV,
and NPS Policy-Level
Guidance
Laws, Executive Orders, and Regulations That Apply to the FRV National Trails System Act of 1968, as amended
NPS Policy- Level Guidance ( NPS Management Policies 2006 and Director’ s Orders) NPS Management Policies 2006 (§ 1 4) “ Park Management ” NPS Management Policies 2006 (§ 1 6) “ Cooperative Conservation Beyond Park Boundaries ”
NPS Management Policies 2006 (§ 3 1) “ General ”
Director’ s Order 45: National Trails System.
Comprehensive management plan
Director’ s Order 6: Interpretation and Education.
Director’ s Order 7: Volunteers-in-Parks.
Director’ s Order 45: National Trails System.
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14 Fundamental
Resource or Value Historic Sites, Artifacts, Primary Sources, Documents Current Conditions
and Trends
Conditions
The Juan Bautista de Anza National Historic Trail does not own collections Primary documents are dispersed in various collections
Associating any artifacts with the expedition is difficult Many of high- potential historic sites and segments are certified by the Anza Trail Trends
Primary documents are easily accessible online
GIS and mapping allows for understanding and further research of the trail corridor, significant sites, and segments
Interest in Spanish colonial archaeology in Arizona has yielded finds that could justify location of historic campsites and segments
Ongoing effort to certify high- potential sites and segments Threats and
Opportunities
Threats
Items that are associated with the trail legacy, such as saddles from the reenactment rides in the 1970s, are in dispersed, private ownership
A potential exists for a loss of oral history resources Skepticism exists of oral histories and stories as valid sources
Scholarship is waning
Opportunities
Develop partnerships with appropriate archives or collection owners to highlight primary sources
Cost share projects to help identify and protect historic sites and segments Use GIS to better estimate the size and shape of the historic campsite footprints Collaborate with partners/ cooperative ecosystem study units for scholarship support, including ethnographic work on indigenous origins of colonists Data and/or GIS Needs •
Collaborate to collect oral histories and stories from tribal members along the corridor Create a historic site and materials survey
Planning Needs •
Comprehensive interpretive planning
Community partner engagement plan
Laws, Executive
Orders, and
Regulations That
Apply to the FRV,
and NPS Policy-Level
Guidance
Laws, Executive Orders, and Regulations That Apply to the FRV National Trails System Act of 1968, as amended
Museum Properties Management Act of 1955, as amended
Disposition of Federal Records” ( 36 CFR 1228)
Disposal of Records” ( 44 USC 3301 et seq )
Federal Records; General” ( 36 CFR 1220)
Federal Records Act of 1950
Preservation, Arrangement, Duplication, Exhibition of Records” ( 44 USC 2109) Research Specimens” ( 36 CFR 2 5)
Curation of Federally- Owned and Administered Archaeological Collections” ( 36 CFR 79) Preservation of American Antiquities” ( 43 CFR 3)
NPS Policy- Level Guidance ( NPS Management Policies 2006 and Director’ s Orders) Director’ s Order 24: NPS Museum Collections Management.
NPS Management Policies 2006 (§ 4 2) “ Studies and Collections ” NPS Management Policies 2006 (§ 8 10) “ Natural and Cultural Studies, Research, and Collection Activities ”
NPS Museum Handbook, parts I, II, and III
Juan Bautista de Anza National Historic Trail
15 Fundamental
Resource or Value Recreation Trail
Current Conditions
and Trends
Conditions
The condition of recreational and educational sites along the length of the trail varies greatly Some are developed and in great shape, some are in the planning stages of development, and others need work or have not yet been recognized The trail has many Passport to Your National Parks stamp locations available to visitors Trends
Recent decades have seen high- profile urban trails projects proliferate to much acclaim Threats and
Opportunities
Threats
Viewsheds and historic scenes enjoyed by recreationists are threatened by development Annual storms damage trails The frequency and severity are increasing in some areas Sustaining partner and volunteer groups to maintain the trail can be difficult Opportunities
Take advantage of the 250th Commemoration
Respond more proactively to increased support of urban trail planning Create better GIS data and partner contribution
Map the collaborator and automated updates to online maps Increase the visibility of recreation trail segments with new audiences using the NPS online app
Data and/or GIS Needs
Inventory of existing nonpersonal interpretive media
Trail use data
Trail gap analysis
Vulnerability assessment
Map and inventory of places to recreation on the trail
Planning Needs •
Comprehensive recreation trail planning
Accessibility self- evaluation and transition plan
Laws, Executive
Orders, and
Regulations That
Apply to the FRV,
and NPS Policy-Level
Guidance
Laws, Executive Orders, and Regulations That Apply to the FRV National Trails System Act of 1968, as amended
NPS Policy- Level Guidance ( NPS Management Policies 2006 and Director’ s Orders) NPS Management Policies 2006 (§ 8 1) “ General ”
NPS Management Policies 2006 (§8 2) “ Visitor Use ”
NPS Management Policies 2006 (§ 8 2 2) “ Recreational Activities ” Director’ s Order 7: Volunteers- in-Parks.
Director’ s Order 45: National Trails System.
Foundation Document
16 Fundamental
Resource or Value Partnerships
Current Conditions
and Trends
Conditions
The Anza Trail Foundation is the primary organization dedicated to supporting and fundraising for the Anza National Historic Trail
The trail is supported by a variety of partners, including land managing agencies, local agencies and community organizations and sites, as well as volunteer groups and individuals
Trends
Establishment and maintenance of the recreational trail and sites tend to be coordinated and managed by agencies ( federal, state, county, and local) and less so by volunteer organizations
Steady collaboration with organizations and agencies in Mexico highlights the international potential of the trail
Threats and
Opportunities
Threats
High turnover among staff of partner entities ( government and tribes, for example) is occurring, requiring continuous outreach to maintain attention and correct points of contact
Managing large, dispersed volunteer group is challenging ( NPS safety requirements, insurance, or even interpretive messaging)
Long- time trail partners are retiring or passing away
Opportunities
Foster relationships with national partners and friends’ groups with shared goals and the ability to increase the relevancy of the trail and its history Expand partnerships to include additional nongovernmental organizations and metropolitan planning organizations
Form a national partnership to aid in linking regional and local partners nationwide and elevating initiatives to a national level
Encourage communities along the trail to recognize the cultural resources and economic advantages that the trail could provide for them
Engage with new partners and volunteers helps broaden the perspectives included in our work
Build relationships with tribal representatives along the corridor Pursue international trail designation and close work with organizations and agencies in Mexico
Collaborate with partners to fundraise for trail implementation and interpretation Data and/or GIS Needs
Trail gap analysis
Vulnerability assessment
Map and inventory of places to recreate on the trail
Planning Needs
Comprehensive recreation trail planning
Community partner engagement plan
Comprehensive interpretive planning
Laws, Executive
Orders, and
Regulations That
Apply to the FRV,
and NPS Policy-Level
Guidance
Laws, Executive Orders, and Regulations That Apply to the FRV National Trails System Act of 1968, as amended
NPS Policy- Level Guidance ( NPS Management Policies 2006 and Director’ s Orders) Director’ s Order 45: National Trails System.
NPS Management Policies 2006 (§1 10) “ Partnerships ”
Director’ s Order 7: Volunteers- in-Parks.
Director’ s Order 21: Philanthropic Partnerships.
17 Juan Bautista de Anza National Historic Trail
Identification of Key Issues and Associated Planning and Data Needs This section considers key issues to be addressed in planning and management and therefore takes a broader view over the primary focus of part 1. A key issue focuses on a question that is important for a trail. Key issues often raise questions regarding trail purpose and significance and fundamental resources and values. For example, a key issue may pertain to the potential for a fundamental resource or value in a trail to be detrimentally affected by discretionary management decisions. A key issue may also address crucial questions that are not directly related to purpose and significance, but which still affect them indirectly. Usually, a key issue is one that a future planning effort or data collection needs to address and requires a decision by NPS trail administrators.
The following are key issues for the Juan Bautista de Anza National Historic Trail and the associated planning needs, data needs, and other internal activities to address them:
Relevancy. The trail and its stories lack visibility and engagement. Many people are unaware of this part of American heritage. The stories risk becoming stagnant and irrelevant in a changing cultural landscape. Antiquated ways of thinking that don’t allow multiple stories to share the same space will prevent a full understanding of the trail’s relevance and meanings. A lack of generational, cultural, and ethnic diversity in trail users, partners, and staff could threaten the relevancy of the trail and its stories. The challenge of “seeing” the trail on the ground, particularly in some of the most urbanized areas, prevents people from making connections to the stories and participating in the continuing legacy of the trail.
Associated planning needs: Comprehensive interpretive planning, comprehensive recreational trail planning, community partner engagement plan Associated data needs: Inventory of existing nonpersonal interpretive media, tribal member oral histories, ethnology study, trail use data, historic site and materials survey, historic resource study
Trail Corridor Planning. The physical trail is not continuous and lacks meaningful experiential quality. Using established goals and methods, the physical trail component has limited tools by which to assert itself and improve sense of place. With current practices, the trail will fail to achieve its goals of continuity and experiential quality.
Development, including urbanization, agriculture, transportation, and energy projects occur without consideration and inclusion of the trail corridor. Climate change is a major threat to the ecosystems along the trail. Without functioning ecosystems and sensitive development ( safety, visual, scenic), fewer people will want to walk the trail.
Associated planning needs: Comprehensive recreational trail planning, community partner engagement plan, accessibility self-evaluation and transition plan Associated data needs: Trail gap analysis, vulnerability assessment, visual resource inventory, trail use data, historic site and materials survey, historic resource study Trail Stewardship. Relying on volunteers to carry the load of managing the trail is a challenging model. The trail has experienced declining interest, with many committed volunteers aging out. To maintain and build these vital relationships, NPS staff must continually engage with all trail partners in their work to support the trail. This involves maintaining trail volunteers and working with partners to identify opportunities to support the capacity needs of individual partner organizations. These and other actions would assist the National Park Service’ s efforts to prevent threats to key trail resources, such as vandalism, neglect, and other forms of deterioration.
Associated planning needs: Comprehensive recreational trail planning, community partner engagement plan
Associated data needs: Visual resource inventory, trail use data Foundation Document
18 Planning and Data Needs
To maintain connection to the core elements of the foundation and the importance of these core foundation elements, the planning and data needs listed here are directly related to protecting fundamental resources and values, trail significance, and trail purpose, as well as addressing key issues. To successfully undertake a planning effort, information from sources such as inventories, studies, research activities, and analyses may be required to provide adequate knowledge of trail resources and visitor information. Such information sources have been identified as data needs. Geospatial mapping tasks and products are included in data needs.
Items considered of the utmost importance were identified as high priority, and other items identified, but not rising to the level of high priority, were listed as either medium- or lowpriority needs. These priorities inform trail administration efforts to secure funding and support for planning projects.
Planning Needs – Where a Decision- Making Process Is Needed Related to
an FRV or
Key Issue?
Planning
Needs
Priority
H, M, L) Notes
Key Issue, FRV Comprehensive
recreation trail
planning
H Planning is required to identify
opportunities and development concepts
that advance the creation of a continuous
recreation trail This planning effort and
associated data needs will serve as the
backbone of the other planning efforts
along the recreation trail Without
understanding the geographic context and
the breadth of development opportunities
along the trail, Juan Bautista de Anza
National Historic Trail is not able to move
forward with its retracement project
The National Park Service would work
with partner agencies and landowners
to prioritize feasible action strategies for
trail development The planning process
would provide an opportunity for the
implementation partners and stakeholders
to engage with the public to incorporate
their ideas The plan would identify and
evaluate proposed locations for trail
development and types of trail use and
would create consistent management
strategies among the entities and agencies
involved Climate change considerations
would be incorporated into the planning
19 Juan Bautista de Anza National Historic Trail
Planning Needs – Where a Decision- Making Process Is Needed Related to
an FRV or
Key Issue?
Planning
Needs
Priority
H, M, L) Notes
Key Issue, FRV Community
partner
engagement
strategy
H This strategy would help the trail identify
who is missing from participation and
strategize cultivating new relationships,
including among Native Americans and
international partners This planning
would include a communications strategy
designed to help the trail engage others,
based first on listening and understanding
community perspectives In addition, the
strategy would help the trail develop
more stewardship groups, especially in
areas where the trail staff is not currently
present, and would inspire ownership and
interest in the trail
Key Issue, FRV Comprehensive
interpretive
planning
H Comprehensive interpretive planning
would include updating the 2003 longrange interpretive plan to better address relevancy and emerging perspectives This
plan would describe visitor experience
goals and recommend a wide variety
of both personal ( programs, personal
contacts) and nonpersonal ( interpretive
media and facilities) interpretive services
and outreach activities that would
best communicate the trail’ s purpose,
significance, and themes Interpretive
media would be matched to messages to
make sure they work well individually and
collectively
Key Issue Accessibility selfevaluation and
transition plan
M This plan consists of evaluation and
assessment of barriers to accessibility,
both physical and programmatic The
outcome of this holistic and programbased planning process is an accessible and spatially referenced document that
will guide trail staff and decision makers in
assessing, prioritizing, and implementing
solutions for universal accessibility
Foundation Document
20 Data Needs – Where Information Is Needed before Decisions Can Be Made Related to
an FRV or
Key Issue?
Data and GIS
Needs
Priority
H, M, L) Notes
N/A Inventory
of existing
nonpersonal
interpretive
media
H Improved knowledge and awareness of
interpretive materials and programs offered
would help trail administrators identify and
address gaps in interpretive offerings In
particular, existing media would be assessed
by condition and relevancy
N/A Trail gap analysis H Opportunities for continuous recreation trail development would be determined
N/A Vulnerability
assessment
H Potential recreation trail areas vulnerable to
development and conflicting uses would be
determined ( pair with trail gap analysis)
N/A Tribal member
oral histories
H Collaborate to collect and preserve oral
histories and stories from tribal members
along the corridor
N/A Historic site and
materials survey
H Create a document of resources available
through partner sites and institutions
N/A Historic resource
study
H Create a trail- long historic resource study
and plan with a survey of historic campsites
preparation of listing of significant sites/
entered into national register/ call for
protection of the sites) and a resource
protection plan for sites
N/A Ethnology study H This study would include a defensible ethnological study of the members and
cultures of the expedition
N/A Map and
inventory of
places to recreate
on the trail
H Mapping recreational opportunities
would improve the National Park Service’ s
ability to promote outdoor recreation
and visitor experiences along the trail and
would include hiking, biking, birding, and
horseback riding
N/A Administrative
history
M –
N/A Visual resource
inventory
M This inventory would acquire documentation
to identify high- potential sites and segments
along the trail This can include digital
elevation models to understand how
proposed development would impact them
N/A Biological/ natural
resource surveys
for key areas
M Initially, a resource study would identify
key areas, followed by specific resource
survey( s)
N/A Trail use data M Data would be collected along existing certified segments of the trail for use in
planning, outreach, and prioritizing projects
21 Juan Bautista de Anza National Historic Trail
Other Potential Internal Activities to Address Issues – Activities Outside of a Structured Planning or Data Gathering Process
Standardize data formats from trail partners.
Improve business practices to keep data updated across the trail.
Create trail orientation standard operating procedures and templates.
Develop a wayfinding guide.
Write certification standard operating procedures for high- potential segments versus the recreation trail.
Target outreach to gap communities (hiring to do so if needed).
Conduct educational and listening sessions with trail partners to update interpretive techniques and messaging.
Continue to work with partners who focus on youth programming and engagement.
Create mentoring opportunities between established partners and volunteers.
Develop sustainable relationships with tribal nations along the trail, and including indigenous stories and voices in planning and interpretation (and early in the process).
Emphasize public history projects and urban trail planning and interpretive projects.
Create a plan and timeline for the 250th Commemoration. This is an incredible opportunity to highlight the trail and communicate its stories and relevancy to the public, connecting to new audiences with new media and focusing on a multiplenarrative approach.
Pursue opportunities to connect the US and Mexico segments of the trail corridor; foster a productive and sustainable working relationship with INAH, the State of Sonora, and the State of Baja, with the intention of formalizing a binational link (sister park relationship, memorandums of understanding).
Pursue projects that embrace native voices in collaboration. Develop an interpretive program that allows for both stories to be told equitably. The Anza Trail can be a shared space for all stories to be told.
Take on projects involving large groups such as schools, universities, and communitybased organizations. Youth-based activities involving organizations, such as the ironwood tree experience, improve awareness.
Increase activity on social media.
Increase restoration projects like the Santa Cruz River reconciliation project. These projects will be crucial to fighting the effects of climate change and preserving these important natural resources.
Study and incorporate urban trail projects and principles. Recent decades have experienced high-profile urban trails projects proliferate to much acclaim, but overall, the national historic trail has largely not altered its aims to join this phenomenon, despite the original language of the National Trails System Act prioritizing urban populations and conditions.
Craft new narratives for the Anza Trail that look towards its future uses and provide a transition from colonial themes to the present.
Align the national trail volunteer program with the NPS Volunteers-in-Parks program e.g., recognition, safety).
Foundation Document
22 Part 3: Contributors
Juan Bautista de Anza National Historic Trail
Naomi Torres, Superintendent
Christopher Bentley, Interpretation Program Manager
Scott Elder, Trail Planner
Patrick Yoon, Community Volunteer Ambassador
NPS Regions 8, 9, 10, and 12
Brad Phillips, Outdoor Recreation Planner, Project Manager Jennifer Ascencio, Former Planning & Environmental Compliance Fellow Nancy Caplan, Interpretation and Education Program Manager Other NPS Staff
Caroline Lochner, Regional Program Manager, Western National Parks Association Andy Fisher, Interpretation Program Manager, Saguaro National Park Cam Juarez, Community Engagement & Outreach Coordinator, Saguaro National Park Dave Carney, Interpretation Program Manager, Casa Grande Ruins National Monument Antonio Solorio, Youth Program Lead, Santa Monica Mountains National Recreation Area Adali Olivares, Interpretation Ranger, Santa Monica Mountains National Recreation Area Jasmine Reinhardt, Supervisory Park Ranger, Golden Gate National Recreation Area Kelli English, Interpretation Program Manager, John Muir National Historic Site, Eugene O’Neill National Historic Site, Rosie the Riveter WWII Home Front National Historical Park, Port Chicago Naval Magazine National Memorial
Masaki Mizushima, Acting Interpretation Program Manager, John Muir National Historic Site, Eugene O’Neill National Historic Site, Rosie the Riveter WWII Home Front National Historical Park, Port Chicago Naval Magazine National Memorial Mandy Johnson- Campbell, Interpretive Specialist, Ala Kahakai National Historic Trail BriAnna Weldon, Former Anza Trail Planner, Current Project Manager, Landscape Architect, Denver Service Center – Transportation Division
John Paul Jones, Visual Information Specialist, Denver Service Center – Planning Division Suzanne Digre, Editor, Denver Service Center – Planning Division Partners
Lynne Anderson, Anza Trail Foundation
Elizabeth Stewart, Anza Trail Foundation
Lindy Hatcher, Anza Trail Foundation
Tammy Snook, Anza Trail Foundation
Carlos Herrera, Anza Trail Foundation
Jonathan Cordero, Affiliated Scholar, Indigenous Law Center, University of California Hastings
Edwardo Madril, Yaqui/Artist/Professor and Pub History Project Partner, San Francisco State University
Greg Smestad, Descendant of Los Californianos
Gail Chehak, American Indian Alaska Native Tourism Association Tribal Liaison Dennis Stephen, District Interpreter, Anza Borrego Desert State Park Shannon Stone, Director of Tubac Presidio State Historic Park 23 Juan Bautista de Anza National Historic Trail
Appendixes
Appendix A: Enabling Legislation for Juan Bautista de Anza National Historic Trail
THE NATIONAL TRAILS SYSTEM ACT
P.L. 90-543, as amended through P.L. 116-9, March 12, 2019) (as found in United States Code, Vol. 16, Sections 1241-1251)
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. [16USC1241] This Act may be cited as the “National Trails System Act”.
STATEMENT OF POLICY
SEC. 2. [16USC1241] ( a) In order to provide for the ever-increasing outdoor recreation needs of an expanding population and in order to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation, trails should be established ( i) primarily, near the urban areas of the Nation, and ii) secondarily, within scenic areas and along historic travel routes of the Nation which are often more remotely located.
b) The purpose of this Act is to provide the means for attaining these objectives by instituting a national system of recreation, scenic and historic trails, by designating the Appalachian Trail and the Pacific Crest Trail as the initial components of that system, and by prescribing the methods by which, and standards according to which, additional components may be added to the system.
c) The Congress recognizes the valuable contributions that volunteers and private, nonprofit trail groups have made to the development and maintenance of the Nation’ s trails. In recognition of these contributions, it is further the purpose of this Act to encourage and assist volunteer citizen involvement in the planning, development, maintenance, and management, where appropriate, of trails.
NATIONAL TRAILS SYSTEM
SEC. 3. [16USC1242] (a) The national system of trails shall be composed of the following:
1) National recreation trails, established as provided in section 4 of this Act, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas. 2) National scenic trails, established as provided in section 5 of this Act, which will be extended trails so located as to provide for maximum outdoor recreation potential and for the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which such trails may pass. National scenic trails may be located so as to represent desert, marsh, grassland, mountain, canyon, river, forest, and other areas, as well as landforms which exhibit significant characteristics of the physiographic regions of the Nation.
Foundation Document
24 3) National historic trails, established as provided in section 5 of this Act, which will be extended trails which follow as closely as possible and practicable the original trails or routes of travel of national historic significance. Designation of such trails or routes shall be continuous, but the established or developed trail, and the acquisition thereof, need not be continuous onsite. National historic trails shall have as their purpose the identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment. Only those selected land and water based components of a historic trail which are on federally owned lands and which meet the national historic trail criteria established in this Act are included as Federal protection components of a national historic trail. The appropriate Secretary may certify other lands as protected segments of an historic trail upon application from State or local governmental agencies or private interests involved if such segments meet the national historic trail criteria established in this Act and such criteria supplementary thereto as the appropriate Secretary may prescribe, and are administered by such agencies or interests without expense to the United States.
4) Connecting or side trails, established as provided in section 6 of this Act, which will provide additional points of public access to national recreation, national scenic or national historic trails or which will provide connections between such trails.
The Secretary of the Interior and the Secretary of Agriculture, in consultation with appropriate governmental agencies and public and private organizations, shall establish a uniform marker for the national trails system.
b) For purposes of this section, the term “ extended trails” means trails or trail segments which total at least one hundred miles in length, except that historic trails of less than one hundred miles may be designated as extended trails. While it is desirable that extended trails be continuous, studies of such trails may conclude that it is feasible to propose one or more trail segments which, in the aggregate, constitute at least one hundred miles in length.
NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS
SEC. 5. [16USC1244] (a) National scenic and national historic trails shall be authorized and designated only byAct of Congress. There are hereby established the following National Scenic and National Historic Trails:
17) The Juan Bautista de Anza National Historic Trail, a trail comprising the overland route traveled by Captain Juan Bautista de Anza of Spain during the years 1775 and 1776 from Sonora, Mexico, to the vicinity of San Francisco, California, as generally described in the report of the Department of Interior prepared pursuant to the subsection (b) entitled ‘Juan Bautista de Anza National Trail Study, Feasibility Study and Environmental Assessment’ and dated August, 1986. A map generally depicting the trail shall be on file and available for public inspection in the Office of the Director of the National Park Service, Washington, District of Columbia. The trail shall be administered by the Secretary of Interior. No lands or interest therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Juan Bautista de Anza National Historic Trail without the consent of the owner thereof. In implementing this paragraph, the Secretary shall encourage volunteer trail groups to participate in the development and maintenance of the trail. 25 Juan Bautista de Anza National Historic Trail
b) The Secretary of the Interior, through the agency most likely to administer such trail, and the Secretary of Agriculture where lands administered by him are involved, shall make such additional studies as are herein or may hereafter be authorized by the Congress for the purpose of determining the feasibility and desirability of designating other trails as national scenic or national historic trails. Such studies shall be made in consultation with the heads of other Federal agencies administering lands through which such additional proposed trails would pass and in cooperation with interested interstate, State, and local governmental agencies, public and private organizations, and landowners and land users concerned. The feasibility of designating a trail shall be determined on the basis of an evaluation of whether or not it is physically possible to develop a trail along a route being studied, and whether the development of a trail would be financially feasible. The studies listed in subsection ( c) of this section shall be completed and submitted to the Congress, with recommendations as to the suitability of trail designation, not later than three complete fiscal years from the date of enactment of their addition to this subsection, or from the date of enactment of this sentence, whichever is later. Such studies, when submitted, shall be printed as a House or Senate document, and shall include, but not be limited to:
1) the proposed route of such trail (including maps and illustrations); 2) the areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural, or developmental purposes;
3) the characteristics which, in the judgment of the appropriate Secretary, make the proposed trail worthy of designation as a national scenic or national historic trail; and in the case of national historic trails the report shall include the recommendation of the Secretary of the Interior’ s National Park System Advisory Board as to the national historic significance based on the criteria developed under the Historic Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461); 4) the current status of land ownership and current and potential use along the designated route;
5) the estimated cost of acquisition of lands or interest in lands, if any; 6) the plans for developing and maintaining the trail and the cost thereof; 7) the proposed Federal administering agency (which, in the case of a national scenic trail wholly or substantially within a national forest, shall be the Department of Agriculture);
8) the extent to which a State or its political subdivisions and public and private organizations might reasonably be expected to participate in acquiring the necessary lands and in the administration thereof;
9) the relative uses of the lands involved, including: the number of anticipated visitor-days for the entire length of, as well as for segments of, such trail; the number of months which such trail, or segments thereof, will be open for recreation purposes; the economic and social benefits which might accrue from alternate land uses; and the estimated man-years of civilian employment and expenditures expected for the purposes of maintenance, supervision, and regulation of such trail;
10) the anticipated impact of public outdoor recreation use on the preservation of a proposed national historic trail and its related historic and archeological features and settings, including the measures proposed to ensure evaluation and preservation of the values that contribute to their national historic significance; and
Foundation Document
26 11) To qualify for designation as a national historic trail, a trail must meet all three of the following criteria:
A) It must be a trail or route established by historic use and must be historically significant as a result of that use. The route need not currently exist as a discernible trail to qualify, but its location must be sufficiently known to permit evaluation of public recreation and historical interest potential. A designated trail should generally accurately follow the historic route, but may deviate somewhat on occasion of necessity to avoid difficult routing through subsequent development, or to provide some route variations offering a more pleasurable recreational experience. Such deviations shall be so noted on site. Trail segments no longer possible to travel by trail due to subsequent development as motorized transportation routes may be designated and marked onsite as segments which link to the historic trail.
B) It must be of national significance with respect to any of several broad facets of American history, such as trade and commerce, exploration, migration and settlement, or military campaigns. To qualify as nationally significant, historic use of the trail must have had a far reaching effect on broad patterns of American culture. Trails significant in the history of native Americans may be included.
C) It must have significant potential for public recreational use or historical interest based on historic interpretation and appreciation. The potential for such use is generally greater along roadless segments developed as historic trails and at historic sites associated with the trail. The presence of recreation potential not related to historic appreciation is not sufficient justification for designation under this category.
c) The following routes shall be studied in accordance with the objectives outlined in subsection ( b) of this section.
24) Juan Bautista de Anza Trail, following the overland route taken by Juan Bautista de Anza in connection with his travels from the United Mexican States to San Francisco, California. d) The Secretary charged with the administration of each respective trail shall, within one year of the date of the addition of any national scenic or national historic trail to the system, and within sixty days of the enactment of this sentence for the Appalachian and Pacific Crest National Scenic Trails, establish an advisory council for each such trail, each of which councils shall expire ten years from the date of its establishment, except that the Advisory Council established for the Iditarod Historic Trail shall expire twenty years from the date of its establishment. If the appropriate Secretary is unable to establish such an advisory council because of the lack of adequate public interest, the Secretary shall so advise the appropriate committees of the Congress. The appropriate Secretary shall consult with such council from time to time with respect to matters relating to the trail, including the selection of rights- of-way, standards for the erection and maintenance of markers along the trail, and the administration of the trail. The members of each advisory council, which shall not exceed thirty-five in number, shall serve for a term of two years and without compensation as such, but the Secretary may pay, upon vouchers signed by the chairman of the council, the expenses reasonably incurred by the council and its members in carrying out their responsibilities under this section. Members of each council shall be appointed by the appropriate Secretary as follows:
27 Juan Bautista de Anza National Historic Trail
1) the head of each Federal department or independent agency administering lands through which the trail route passes, or his designee; 2) a member appointed to represent each State through which the trail passes, and such appointments shall be made from recommendations of the Governors of such States;
3) one or more members appointed to represent private organizations, including corporate and individual landowners and land users, which in the opinion of the Secretary, have an established and recognized interest in the trail, and such appointments shall be made from recommendations of the heads of such organizations: Provided, That the Appalachian Trail Conference shall be represented by a sufficient number of persons to represent the various sections of the country through which the Appalachian Trail passes; and 4) the Secretary shall designate one member to be chairman and shall fill vacancies in the same manner as the original appointment. e) Within two complete fiscal years of the date of enactment of legislation designating a national scenic trail, except for the Continental Divide National Scenic Trail and the North Country National Scenic Trail, as part of the system, and within two complete fiscal years of the date of enactment of this subsection for the Pacific Crest and Appalachian Trails, the responsible Secretary shall, after full consultation with affected Federal land managing agencies, the Governors of the affected States, the relevant advisory council established pursuant to section 5(d), and the Appalachian Trail Conference in the case of the Appalachian Trail, submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive plan for the acquisition, management, development, and use of the trail, including but not limited to, the following items:
1) specific objectives and practices to be observed in the management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved (along with high potential historic sites and high potential route segments in the case of national historic trails), details of any anticipated cooperative agreements to be consummated with other entities, and an identified carrying capacity of the trail and a plan for its implementation; 2) an acquisition or protection plan, by fiscal year for all lands to be acquired by fee title or lesser interest, along with detailed explanation of anticipated necessary cooperative agreements for any lands not to be acquired; and 3) general and site-specific development plans including anticipated costs. f) Within two complete fiscal years of the date of enactment of legislation designating a national historic trail or the Continental Divide National Scenic Trail or the North Country National Scenic Trail as part of the system, the responsible Secretary shall, after full consultation with affected Federal land managing agencies, the Governors of the affected States, and the relevant Advisory Council established pursuant to section 5(d) of this Act, submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive plan for the management, and use of the trail, including but not limited to, the following items:
1) specific objectives and practices to be observed in the management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, details of any anticipated cooperative agreements to be consummated with State and local government agencies or private interests, and for national scenic or national historic trails an identified carrying capacity of the trail and a plan for its implementation; Foundation Document
28 2) the process to be followed by the appropriate Secretary to implement the marking requirements established in section 7(c) of this Act; 3) a protection plan for any high potential historic sites or high potential route segments; and
4) general and site-specific development plans, including anticipated costs. g) Revision of Feasibility and Suitability Studies of Existing National Historic Trails1) DEFINITIONS- In this subsection:
A) ROUTE- The term `route’ includes a trail segment commonly known as a cutoff.
B) SHARED ROUTE- The term `shared route’ means a route that was a segment of more than 1 historic trail, including a route shared with an existing national historic trail.
2) REQUIREMENTS FOR REVISIONA) IN GENERAL- The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails.
B) STUDY REQUIREMENTS AND OBJECTIVES- The study
requirements and objectives specified in subsection ( b) shall apply to a study required by this subsection.
C) COMPLETION AND SUBMISSION OF STUDY- A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study.
CONNECTING AND SIDE TRAILS
SEC. 6. [16USC1245] Connecting or side trails within park, forest, and other recreation areas administered by the Secretary of the Interior or Secretary of Agriculture may be established, designated, and marked by the appropriate Secretary as components of a national recreation, national scenic or national historic trail. When no Federal land acquisition is involved, connecting or side trails may be located across lands administered by interstate, State, or local governmental agencies with their consent, or, where the appropriate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowners. Applications for approval and designation of connecting and side trails on non-Federal lands shall be submitted to the appropriate Secretary.
ADMINISTRATION AND DEVELOPMENT
SEC. 7. [16USC1246] ( a) ( 1) (A) The Secretary charged with the overall administration of a trail pursuant to section 5(a) shall, in administering and managing the trail, consult with the heads of all other affected State and Federal agencies. Nothing contained in this Act shall be deemed to transfer among Federal agencies any management responsibilities established under any other law for federally administered lands which are components of the National Trails System.
Any transfer of management responsibilities may be carried out between the Secretary of the Interior and the Secretary of Agriculture only as provided under subparagraph ( B). 29 Juan Bautista de Anza National Historic Trail
B) The Secretary charged with the overall administration of any trail pursuant to section 5(a) may transfer management of any specified trail segment of such trail to the other appropriate Secretary pursuant to a joint memorandum of agreement containing such terms and conditions as the Secretaries consider most appropriate to accomplish the purposes of this Act. During any period in which management responsibilities for any trail segment are transferred under such an agreement, the management of any such segment shall be subject to the laws, rules, and regulations of the Secretary provided with the management authority under the agreement except to such extent as the agreement may otherwise expressly provide. 2) Pursuant to section 5(a), the appropriate Secretary shall select the rights- of-way for national scenic and national historic trails and shall publish notice thereof of the availability of appropriate maps or descriptions in the Federal Register; Provided, That in selecting the rightsof-way full consideration shall be given to minimizing the adverse effects upon the adjacent landowner or user and his operation. Development and management of each segment of the National Trails System shall be designed to harmonize with and complement any established multiple- use plans for the specific area in order to insure continued maximum benefits from the land. The location and width of such rights-of-way across Federal lands under the jurisdiction of another Federal agency shall be by agreement between the head of that agency and the appropriate Secretary. In selecting rights-of-way for trail purposes, the Secretary shall obtain the advice and assistance of the States, local governments, private organizations, and landowners and land users concerned.
b) After publication of notice of the availability of appropriate maps or descriptions in the Federal Register, the Secretary charged with the administration of a national scenic or national historic trail may relocate segments of a national scenic or national historic trail right-of-way with the concurrence of the head of the Federal agency having jurisdiction over the lands involved, upon a determination that: (I) Such a relocation is necessary to preserve the purposes for which the trail was established, or (ii) the relocation is necessary to promote a sound land management program in accordance with established multiple- use principles: Provided, That a substantial relocation of the rights-of-way for such trail shall be by Act of Congress.
c) National scenic or national historic trails may contain campsites, shelters, and relatedpublic-use facilities. Other uses along the trail, which will not substantially interfere with the nature and purposes of the trail, may be permitted by the Secretary charged with the administration of the trail. Reasonable efforts shall be made to provide sufficient access opportunities to such trails and, to the extent practicable, efforts shall be made to avoid activities incompatible with the purposes for which such trails were established.
The use of motorized vehicles by the general public along any national scenic trail shall be prohibited and nothing in this Act shall be construed as authorizing the use of motorized vehicles within the natural and historical areas of the national park system, the national wildlife refuge system, the national wilderness preservation system where they are presently prohibited or on other Federal lands where trails are designated as being closed to such use by the appropriate Secretary: Provided, That the Secretary charged with the administration of such trail shall establish regulations which shall authorize the use of motorized vehicles when, in his judgment, such vehicles are necessary to meet emergencies or to enable adjacent landowners or land users to have reasonable access to their lands or timber rights: Provided further, That private lands included in the national recreation, national scenic, or national historic trails by cooperative agreement of a landowner shall not preclude such owner from using motorized vehicles on or across such trails or adjacent lands from time to time in accordance with regulations to be established by the appropriate Secretary. Where a national historic trail follows existing public roads, developed rights-of-way or waterways, and similar features of man’s nonhistorically related development, approximating the original location of a historic route, such segments may be marked to facilitate retracement of the historic route, and where a national historic trail parallels an existing public road, such road may be marked to commemorate the historic route. Other uses along the historic trails and the Continental Divide National Scenic Trail, which will not substantially interfere with Foundation Document
30 the nature and purposes of the trail, and which, at the time of designation, are allowed by administrative regulations, including the use of motorized vehicles, shall be permitted by the Secretary charged with administration of the trail. The Secretary of the Interior and the Secretary of Agriculture, in consultation with appropriate governmental agencies and public and private organizations, shall establish a uniform marker, including thereon an appropriate and distinctive symbol for each national recreation, national scenic, and national historic trail. Where the trails cross lands administered by Federal agencies such markers shall be erected at appropriate points along the trails and maintained by the Federal agency administering the trail in accordance with standards established by the appropriate Secretary and where the trails cross non-Federal lands, in accordance with written cooperative agreements, the appropriate Secretary shall provide such uniform markers to cooperating agencies and shall require such agencies to erect and maintain them in accordance with the standards established. The appropriate Secretary may also provide for trail interpretation sites, which shall be located at historic sites along the route of any national scenic or national historic trail, in order to present information to the public about the trail, at the lowest possible cost, with emphasis on the portion of the trail passing through the State in which the site is located.
Wherever possible, the sites shall be maintained by a State agency under a cooperative agreement between the appropriate Secretary and the State agency. d) Within the exterior boundaries of areas under their administration that are included in the right-of- way selected for a national recreation, national scenic, or national historic trail, the heads of Federal agencies may use lands for trail purposes and may acquire lands or interests in lands by written cooperative agreement, donation, purchase with donated or appropriated funds or exchange.
e) Where the lands included in a national scenic or national historic trail right-of-way are outside of the exterior boundaries of federally administered areas, the Secretary charged with the administration of such trail shall encourage the States or local governments involved (1) to enter into written cooperative agreements with landowners, private organizations, and individuals to provide the necessary trailright-of-way, or (2) to acquire such lands or interests therein to be utilized as segments of the national scenic or national historic trail: Provided, That if the State or local governments fail to enter into such written cooperative agreements or to acquire such lands or interests therein after notice of the selection of the right-of-way is published, the appropriate Secretary, may (i) enter into such agreements with landowners, States, local governments, private organizations, and individuals for the use of lands for trail purposes, or (ii) acquire private lands or interests therein by donation, purchase with donated or appropriated funds or exchange in accordance with the provisions of subsection (f) of this section: Provided further, That the appropriate Secretary may acquire lands or interests therein from local governments or governmental corporations with the consent of such entities. The lands involved in such rights-of-way should be acquired in fee, if other methods of public control are not sufficient to assure their use for the purpose for which they are acquired: Provided, That if the Secretary charged with the administration of such trail permanently relocates the right-of-way and disposes of all title or interest in the land, the original owner, or his heirs or assigns, shall be offered, by notice given at the former owner’ s last known address, the right of first refusal at the fair market price.
f) (1) The Secretary of the Interior, in the exercise of his exchange authority, may accept title to any non- Federal property within the right-of-way and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction which is located in the State wherein such property is located and which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. The Secretary of Agriculture, in the exercise of his exchange authority, may utilize authorities and procedures available to him in connection with exchanges of national forest lands.
31 Juan Bautista de Anza National Historic Trail
2) In acquiring lands or interests therein for a National Scenic or Historic Trail, the appropriate Secretary may, with consent of a landowner, acquire whole tracts notwithstanding that parts of such tracts may lie outside the area of trail acquisition.
In furtherance of the purposes of this act, lands so acquired outside the area of trail acquisition may be exchanged for any non-Federal lands or interests therein within the trail right-of-way, or disposed of in accordance with such procedures or regulations as the appropriate Secretary shall prescribe, including: (i) provisions for conveyance of such acquired lands or interests therein at not less than fair market value to the highest bidder, and (ii) provisions for allowing the last owners of record a right to purchase said acquired lands or interests therein upon payment or agreement to pay an amount equal to the highest bid price. For lands designated for exchange or disposal, the appropriate Secretary may convey these lands with any reservations or covenants deemed desirable to further the purposes of this Act. The proceeds from any disposal shall be credited to the appropriation bearing the costs of land acquisition for the affected trail. g) The appropriate Secretary may utilize condemnation proceedings without the consent of the owner to acquire private lands or interests, therein pursuant to this section only in cases where, in his judgment, all reasonable efforts to acquire such lands or interest therein by negotiation have failed, and in such cases he shall acquire only such title as, in his judgment, is reasonably necessary to provide passage across such lands:
Provided, That condemnation proceedings may not be utilized to acquire fee title or lesser interests to more than an average of one hundred and twenty-five acres per mile.
Money appropriated for Federal purposes from the land and water conservation fund shall, without prejudice to appropriations from other sources, be available to Federal departments for the acquisition of lands or interests in lands for the purposes of this Act. For national historic trails, direct Federal acquisition for trail purposes shall be limited to those areas indicated by the study report or by the comprehensive plan as high potential route segments or high potential historic sites. Except for designated protected components of the trail, no land or site located along a designated national historic trail or along the Continental Divide National Scenic Trail shall be subject to the provisions of section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)) unless such land or site is deemed to be of historical significance under appropriate historical site criteria such as those for the National Register of Historic Places. h) (1) The Secretary charged with the administration of a national recreation, national scenic, or national historic trail shall provide for the development and maintenance of such trails within federally administered areas, and shall cooperate with and encourage the States to operate, develop, and maintain portions of such trails which are located outside the boundaries of federally administered areas. When deemed to be in the public interest, such Secretary may enter written cooperative agreements with the States or their political subdivisions, landowners, private organizations, or individuals to operate, develop, and maintain any portion of such a trail either within or outside a federally administered area. Such agreements may include provisions for limited financial assistance to encourage participation in the acquisition, protection, operation, development, or maintenance of such trails, provisions providing volunteer in the park or volunteer in the forest status (in accordance with the Volunteers in the Parks Act of 1969 and the Volunteers in the Forests Act of 1972) to individuals, private organizations, or landowners participating in such activities, or provisions of both types. The appropriate Secretary shall also initiate consultations with affected States and their political subdivisions to encourage –
A) the development and implementation by such entities of appropriate measures to protect private landowners from trespass resulting from trail use and from unreasonable personal liability and property damage caused by trail use, and
Foundation Document
32 B) the development and implementation by such entities of provisions for land practices compatible with the purposes of this Act, for property within or adjacent to trail rights-of-way. After consulting with States and their political subdivisions under the preceding sentence, the Secretary may provide assistance to such entities under appropriate cooperative agreements in the manner provided by this subsection.
2) Whenever the Secretary of the Interior makes any conveyance of land under any of the public land laws, he may reserve a right-of-way for trails to the extent he deems necessary to carry out the purposes of this Act.
i) The appropriate Secretary, with the concurrence of the heads of any other Federal agencies administering lands through which a national recreation, national scenic, or national historic trail passes, and after consultation with the States, local governments, and organizations concerned, may issue regulations, which may be revised from time to time, governing the use, protection, management, development, and administration of trails of the national trails system. In order to maintain good conduct on and along the trails located within federally administered areas and to provide for the proper government and protection of such trails, the Secretary of the Interior and the Secretary of Agriculture shall prescribe and publish such uniform regulations as they deem necessary and any person who violates such regulations shall be guilty of a misdemeanor, and may be punished by a fine of not more $ 500 or by imprisonment not exceeding six months, or by both such fine and imprisonment. The Secretary responsible for the administration of any segment of any component of the National Trails System ( as determined in a manner consistent with subsection ( a)( 1) of this section) may also utilize authorities related to units of the national park system or the national forest system, as the case may be, in carrying out his administrative responsibilities for such component. j) Potential trail uses allowed on designated components of the national trails system may include, but are not limited to, the following: bicycling, cross- country skiing, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long-distance backpacking, snowmobiling, and surface water and underwater activities.
Vehicles which may be permitted on certain trails may include, but need not be limited to, motorcycles, bicycles, four-wheel drive or all- terrain off-road vehicles. In addition, trail access for handicapped individuals may be provided. The provisions of this subsection shall not supersede any other provisions of this Act or other Federal laws, or any State or local laws.
k) For the conservation purpose of preserving or enhancing the recreational, scenic, natural, or historical values of components of the national trails system, and environs thereof as determined by the appropriate Secretary, landowners are authorized to donate or otherwise convey qualified real property interests to qualified organizations consistent with section 170(h)(3) of the Internal Revenue Code of 1954, including, but not limited to, right-of-way, open space, scenic, or conservation easements, without regard to any limitation on the nature of the estate or interest otherwise transferable within the jurisdiction where the land is located. The conveyance of any such interest in land in accordance with this subsection shall be deemed to further a Federal conservation policy and yield a significant public benefit for purposes of section 6 of Public Law 96- 541. 33 Juan Bautista de Anza National Historic Trail
STATE AND METROPOLITAN AREA TRAILS
SEC. 8. [16USC1247] ( a) The Secretary of the Interior is directed to encourage States to consider, in their comprehensive statewide outdoor recreation plans and proposals for financial assistance for State and local projects submitted pursuant to the Land and Water Conservation Fund Act, needs and opportunities for establishing park, forest, and other recreation and historic trails on lands owned or administered by States, and recreation and historic trails on lands in or near urban areas. The Secretary is also directed to encourage States to consider, in their comprehensive statewide historic preservation plans and proposals for financial assistance for State, local, and private projects submitted pursuant to the Act of October 15, 1966 (80 Stat. 915), as amended, needs and opportunities for establishing historic trails.
He is further directed in accordance with the authority contained in the Act of May 28, 1963 (77 Stat. 49), to encourage States, political subdivisions, and private interests, including nonprofit organizations, to establish such trails.
b) The Secretary of Housing and Urban Development is directed, in administering the program of comprehensive urban planning and assistance under section 701 of the Housing Act of 1954, to encourage the planning of recreation trails in connection with the recreation and transportation planning for metropolitan and other urban areas. He is further directed, in administering the urban open space program under title VII of the Housing Act of 1961, to encourage such recreation trails. c) The Secretary of Agriculture is directed, in accordance with authority vested in him, to encourage States and local agencies and private interests to establish such trails. d) The Secretary of Transportation, the Chairman of the Interstate Commerce Commission, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of 1976, shall encourage State and local agencies and private interests to establish appropriate trails using the provisions of such programs. Consistent with the purposes of that Act, and in furtherance of the national policy to preserve established railroad rights-of-way for future reactivation of rail service, to protect rail transportation corridors, and to encourage energy efficient transportation use, in the case of interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with the National Trails System Act, if such interim use is subject to restoration or reconstruction for railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes. If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management of such rights- of-way and for any legal liability arising out of such transfer or use, and for the payment of any and all taxes that may be levied or assessed against such rights-of-way, then the Commission shall impose such terms and conditions as a requirement of any transfer or conveyance for interim use in a manner consistent with this Act, and shall not permit abandonment or discontinuance inconsistent or disruptive of such use. e) Such trails may be designated and suitably marked as parts of the nationwide system of trails by the States, their political subdivisions, or other appropriate administering agencies with the approval of the Secretary of the Interior.
RIGHTS-OF-WAY AND OTHER PROPERTIES
SEC. 9. [16USC1248] ( a) The Secretary of the Interior or the Secretary of Agriculture as the case may be, may grant easements and rights- of-way upon, over, under, across, or along any component of the national trails system in accordance with the laws applicable to the national park system and the national forest system, respectively: Provided, That any conditions contained in such easements and rights- of-way shall be related to the policy and purposes of this Act.
Foundation Document
34 b) The Department of Defense, the Department of Transportation, the Interstate Commerce Commission, the Federal Communications Commission, the Federal Power Commission, and other Federal agencies having jurisdiction or control over or information concerning the use, abandonment, or disposition of roadways, utility rights-of-way, or other properties which may be suitable for the purpose of improving or expanding the national trails system shall cooperate with the Secretary of the Interior and the Secretary of Agriculture in order to assure, to the extent practicable, that any such properties having values suitable for trail purposes may be made available for such use. c) Commencing upon the date of enactment of this subsection, any and all right, title, interest, and estate of the United States in all rights-of-way of the type described in the Act of March 8, 1922 (43 U.S.C. 912), shall remain in the United States upon the abandonment or forfeiture of such rights- of-way, or portions thereof, except to the extent that any such right-of-way, or portion thereof, is embraced within a public highway no later than one year after a determination of abandonment or forfeiture, as provided under such Act.
d) (1) All rights- of-way, or portions thereof, retained by the United States pursuant to subsection ( c) which are located within the boundaries of a conservation system unit or a National Forest shall be added to and incorporated within such unit or National Forest and managed in accordance with applicable provisions of law, including this Act. 2) All such retained rights-of-way, or portions thereof, which are located outside the boundaries of a conservation system unit or a National Forest but adjacent to or contiguous with any portion of the public lands shall be managed pursuant to the Federal Land Policy and Management Act of 1976 and other applicable law, including this section.
3) All such retained rights-of-way, or portions thereof, which are located outside the boundaries of a conservation system unit or National Forest which the Secretary of the Interior determines suitable for use as a public recreational trail or other recreational purposes shall be managed by the Secretary for such uses, as well as for such other uses as the Secretary determines to be appropriate pursuant to applicable laws, as long as such uses do not preclude trail use.
e) ( 1) The Secretary of the Interior is authorized where appropriate to release and quitclaim to a unit of government or to another entity meeting the requirements of this subsection any and all right, title, and interest in the surface estate of any portion of any right-of-way to the extent any such right, title, and interest was retained by the United States pursuant to subsection ( c), if such portion is not located within the boundaries of any conservation system unit or National Forest. Such release and quitclaim shall be made only in response to an application therefor by a unit of State or local government or another entity which the Secretary of the Interior determines to be legally and financially qualified to manage the relevant portion for public recreational purposes.
Upon receipt of such an application, the Secretary shall publish a notice concerning such application in a newspaper of general circulation in the area where the relevant portion is located. Such release and quitclaim shall be on the following conditions:
A) If such unit or entity attempts to sell, convey, or otherwise transfer such right, title, or interest or attempts to permit the use of any part of such portion for any purpose incompatible with its use for public recreation, then any and all right, title, and interest released and quitclaimed by the Secretary pursuant to this subsection shall revert to the United States.
B) Such unit or entity shall assume full responsibility and hold the United States harmless for any legal liability which might arise with respect to the transfer, possession, use, release, or quitclaim of such right-of-way. 35 Juan Bautista de Anza National Historic Trail
C) Notwithstanding any other provision of law, the United States shall be under no duty to inspect such portion prior to such release and quitclaim, and shall incur no legal liability with respect to any hazard or any unsafe condition existing on such portion at the time of such release and quitclaim.
2) The Secretary is authorized to sell any portion of a right-of-way retained by the United States pursuant to subsection ( c) located outside the boundaries of a conservation system unit or National Forest if any such portion is -- A) not adjacent to or contiguous with any portion of the public lands; or B) determined by the Secretary, pursuant to the disposal criteria established by section 203 of the Federal Land Policy and Management Act of 1976, to be suitable for sale.
Prior to conducting any such sale, the Secretary shall take appropriate steps to afford a unit of State or local government or any other entity an opportunity to seek to obtain such portion pursuant to paragraph ( 1) of this subsection. 3) All proceeds from sales of such retained rights of way shall be deposited into the Treasury of the United States and credited to the Land and Water Conservation Fund as provided in section 2 of the Land and Water Conservation Fund Act of 1965.
4) The Secretary of the Interior shall annually report to the Congress the total proceeds from sales under paragraph ( 2) during the preceding fiscal year.
Such report shall be included in the President’ s annual budget submitted to the Congress.
f) As used in this section --
1) The term “conservation system unit” has the same meaning given such term in the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.), except that such term shall also include units outside Alaska.
2) The term “ public lands” has the same meaning given such term in the Federal Land Policy and Management Act of 1976.
AUTHORIZATION OF APPROPRIATIONS
SEC. 10. [16USC1249] ( a) ( 1) There are hereby authorized to be appropriated for the acquisition of lands or interests in lands not more than $5,000,000 for the Appalachian National Scenic Trail and not more than $500,000 for the Pacific Crest National Scenic Trail. From the appropriations authorized for fiscal year 1979 and succeeding fiscal years pursuant to the Land and Water Conservation Fund Act (78Stat. 897), as amended, not more than the following amounts may be expended for the acquisition of lands and interests in lands authorized to be acquired pursuant to the provisions of this Act: for the Appalachian National Scenic Trail, not to exceed $30,000,000 for fiscal year 1979, $ 30, 000, 000 for fiscal year 1980, and $ 30, 000, 000 for fiscal year 1981, except that the difference between the foregoing amounts and the actual appropriations in any one fiscal year shall be available for appropriation in subsequent fiscal years. 2) It is the express intent of the Congress that the Secretary should substantially complete the land acquisition program necessary to insure the protection of the Appalachian Trail within three complete fiscal years following the date of enactment of this sentence. b) For the purposes of Public Law 95-42 (91 Stat. 211), the lands and interests therein acquired pursuant to this section shall be deemed to qualify for funding under the provisions of section 1, clause 2, of said Act.
Foundation Document
36 c) Authorization of Appropriations1) IN GENERAL- Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a). 2) NATCHEZ TRACE NATIONAL SCENIC TRAILA) IN GENERAL- With respect to the Natchez Trace National Scenic Trail referred to in this paragraph as the `trail’) designated by section 5(a) 12)—
i) not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and
ii) not more than $2,000,000 shall be appropriated for the development of the trail.
B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS- The
administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.
VOLUNTEER TRAILS ASSISTANCE
SEC. 11. [16USC1250] (a) (1) In addition to the cooperative agreement and other authorities contained in thisAct, the Secretary of the Interior, the Secretary of Agriculture, and the head of any Federal agency administering Federal lands, are authorized to encourage volunteers and volunteer organizations to plan, develop, maintain, and manage, where appropriate, trails throughout the Nation.
2) Wherever appropriate in furtherance of the purposes of this Act, the Secretaries are authorized and encouraged to utilize the Volunteers in the Parks Act of 1969, the Volunteers in the Forests Act of 1972, and section 6 of the Land and Water Conservation Fund Act of 1965 relating to the development of Statewide Comprehensive Outdoor Recreation Plans). b) Each Secretary or the head of any Federal land managing agency, may assist volunteers and volunteers organizations in planning, developing, maintaining, and managing trails.
Volunteer work may include, but need not be limited to— 1) planning, developing, maintaining, or managing (A) trails which are components of the national trails system, or (B) trails which, if so developed and maintained, could qualify for designation as components of the national trails system; or
2) operating programs to organize and supervise volunteer trail building efforts with respect to the trails referred to in paragraph (1), conducting trail-related research projects, or providing education and training to volunteers on methods of trails planning, construction, and maintenance. c) The appropriate Secretary or the head of any Federal land managing agency may utilize and to make available Federal facilities, equipment, tools, and technical assistance to volunteers and volunteer organizations, subject to such limitations and restrictions as the appropriate Secretary or the head of any Federal land managing agency deems necessary or desirable.
37 Juan Bautista de Anza National Historic Trail
DEFINITIONS
SEC. 12. [16USC1251] As used in this Act:
1) The term “ high potential historic sites” means those historic sites related to the route, or sites in close proximity thereto, which provide opportunity to interpret the historic significance of the trail during the period of its major use. Criteria for consideration as high potential sites include historic significance, presence of visible historic remnants, scenic quality, and relative freedom from intrusion.
2) The term “ high potential route segments” means those segments of a trail which would afford high quality recreation experience in a portion of the route having greater than average scenic values or affording an opportunity to vicariously share the experience of the original users of a historic route.
3) The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession of the United States.
4) The term “without expense to the United States” means that no funds may be expended by Federal agencies for the development of trail related facilities or for the acquisition of lands or interest in lands outside the exterior boundaries of Federal areas. For the purposes of the preceding sentence, amounts made available to any State or political subdivision under the Land and Water Conservation Fund Act of 1965 or any other provision of law shall not be treated as an expense to the United States.
END
Foundation Document
38 Appendix B: Inventory of Administrative Commitments
The following list is a sampling of current and legacy types of agreements used for the purposes of administering the Juan Bautista de Anza National Historic Trail.
Table B-1 Memorandums of Understanding
Title/ Agency/
Organization
Purpose/
Description
Expiration
Date
Agreement
Number
Fund
Source
California
Department
of Parks and
Recreation
California State
Parks)
To provide
statewide
collaboration
between NPS
and California
statewide efforts
to implement
the Anza Trail
comprehensive
management plan
4/30/2024;
previously
entered 2015
for 5-year term
CDPR
P19OT001
N/A
Table B-2 Legacy Memorandums of Understanding
Title/ Agency/
Organization
Purpose/
Description
Expiration
Date
Agreement
Number
Fund
Source
California
State Parks ( 22
park locations
statewide)
In accordance with
the comprehensive
management plan,
mark trail routes
and maintain
signage necessary;
develop and
maintain access
to interpretive
and recreational
opportunities
9/17/1997 ––
County of
Los Angeles
Department
of Parks and
Recreation
multiple locations),
CA
5/18/1999;
agreement
entered for 5
years
Santa Barbara
County, CA
2/1/2000;
agreement
entered for 5
years
City of Palo Alto,
Santa Clara
County, CA
3/12/2000;
agreement
entered for 5
years
City of Pismo
Beach, San Luis
Obispo County, CA
10/9/2002;
agreement
entered for 5
years
39 Juan Bautista de Anza National Historic Trail
Title/ Agency/
Organization
Purpose/
Description
Expiration
Date
Agreement
Number
Fund
Source
Town of Sahuarita,
Pima County, AZ
10/22/2002;
agreement
entered for 5
years
City of San Luis
Obispo, San Luis
Obispo County, CA
12/3/2002;
agreement
entered for 5
years
Anza Trail
Foundation
Fundraising
agreement
3/22/2010; 5
years
N/A N/A
Table B-3 Cooperative/Task Agreements
Title/ Agency/
Organization
Purpose/
Description
Expiration
Date
Agreement
Number
Fund
Source
GreenInfo
Network
Update the public
web map site
9/30/2022 P19AC01199 NPS
Operations
ONPS)
American
Indian Alaska
Native Tourism
Association
Develop an
American Indian
guide to the Anza
Trail
11/30/2022 P19AC00966 Connect
Trails to Parks
CTTP), ONPS
Table B-4 Legacy Cooperative/Task Agreements
Title/ Agency/
Organization
Purpose/
Description
Expiration
Date
Agreement
Number
Fund
Source
California
Department of
Transportation
Install auto tour
route signs
9/22/1992; 3
years
N/A Various
Table B-5 Cooperative Ecosystem Study Units Agreements
Title/ Agency/
Organization
Purpose/
Description
Expiration
Date
Agreement
Number
Fund
Source
University of
Nevada Los Vegas
Develop a
historic resource
study
7/1/2012 H8R07060001TA
J8AR080022
CTTP, ONPS
University of
Arizona
Develop
18th- century
lifeways and
ethnographic
study
3/31/2011 H1200050003
J8350080012
CTTP, ONPS
San Francisco State
University
Create a public
history project
9/14/2023 P21AC12081 –
Foundation Document
40 Partnership Certification Agreements, 1996 To Present Certification is a partnership agreement that helps landowners and interpretive facilities preserve, protect, and interpret historic sites, trail segments, and trail history and share them with the public. These agreements do not create any legal commitments or obligate funding.
Name and Location of Property Date of
Certification
Tubac State Park, Santa Cruz County, AZ 7/22/1996
Salinas River Parkway, City of Atascadero, San Luis Obispo County, CA 6/3/1998 Conejo Open Space and Conservation Agency, Ventura County, CA 6/4/2002 South Coast Railroad Museum, National Railroad Passenger Corporation AMTRAK), Onboard Interpretation – Coast Starlite Route, Santa Barbara/ San Luis Obispo Counties, CA ( originally signed 1998)
1/14/2003
Peralta Hacienda, Alameda County, CA 3/27/2003
Peralta Adobe Site, History San Jose, Santa Clara County, CA 5/20/2004 Old Stagecoach Road, San Benito County ( Public Works Department), CA 6/8/2004 Countywide Trails Master Plan, Santa Clara County, CA 6/8/2004 Crystal Springs Trail, San Mateo County 2010
Town of Marana, Pima County, AZ October 2010
Las Lagunas de Anza Site ( Sedgewick family), Nogales, Santa Cruz County, AZ
3/26/2015
Coyote Valley Open Space, Santa Clara County, CA 8/7/2015 Los Angeles River Trail – City of Los Angeles, Los Angeles County, CA 11/10/2015 Sycamore Grove-Livermore Area Recreation and Park District Alameda County, CA
2017
Roberto Adobe and Sunol House, California Pioneers of Santa Clara County, San Jose, Santa Clara County, CA
3/21/2017
Joe’ s Trail, City of Saratoga, Santa Clara County, CA 7/3/2017 East Bay Regional Parks District, Alameda and Contra Costa Counties, CA 11/21/2017 Pima County Trails, Pima County, AZ 12/4/2018
Santa Clara County Parks, Santa Clara County, CA 12/29/2020 As the nation’ s principal conservation agency, the Department of the Interior has responsibility for most of our nationally owned public lands and natural resources. This includes fostering sound use of our land and water resources; protecting our fish, wildlife, and biological diversity; preserving the environmental and cultural values of our national parks and historic places; and providing for the enjoyment of life through outdoor recreation. The department assesses our energy and mineral resources and works to ensure that their development is in the best interests of all our people by encouraging stewardship and citizen participation in their care. The department also has a major responsibility for American Indian reservation communities and for people who live in island territories under U.S. administration.
JUBA 605/ 187837
March 2023
Interior Regions 8, 9, 10, and 12 – Foundation Document Recommendation Juan Bautista de Anza National Historic Trail
March 2023
This Foundation Document has been prepared as a collaborative effort between park and regional staff and is recommended for approval by the Interior Regions 8, 9, 10, and 12 Regional Director
RECOMMENDED
Naomi Torres, Superintendent, Juan Bautista de Anza National Historic Trail Date
APPROVED
Frank Lands, Regional Director, Interior Regions 8, 9, 10, and 12 Date NATIONAL PARK SERVICE • U.S. DEPARTMENT OF THE INTERIOR Foundation Document • Juan Bautista de Anza National Historic Trail