-CITE-

16 USC CHAPTER 27 - NATIONAL TRAILS SYSTEM 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

.

-HEAD-

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-MISC1-

Sec.

1241. Congressional statement of policy and declaration of purpose.

(a) Considerations for determining establishment of

trails.

(b) Initial components.

(c) Volunteer citizen involvement.

1242. National trails system.

(a) Composition: recreation trails; scenic trails;

historic trails; connecting or side trails;

uniform markers.

(b) Extended trails.

1243. National recreation trails; establishment and designation;

prerequisites.

1244. National scenic and national historic trails.

(a) Establishment and designation; administration.

(b) Additional national scenic or national historic

trails; feasibility studies; consultations;

submission of studies to Congress; scope of

studies; qualifications for national historic

trail designation.

(c) Routes subject to consideration for designation

as national scenic trails.

(d) Trail advisory councils; establishment and

termination; term and compensation; membership;

chairman.

(e) Comprehensive national scenic trail plan;

consultation; submission to Congressional

committees.

(f) Comprehensive national historic trail plan;

consultation; submission to Congressional

committees.

1245. Connecting or side trails; establishment, designation, and

marking as components of national trails system; location.

1246. Administration and development of national trails system.

(a) Consultation of Secretary with other agencies;

transfer of management responsibilities;

selection of rights-of-way; criteria for

selection; notice; impact upon established

uses.

(b) Relocation of segment of national, scenic or

historic, trail right-of-way; determination of

necessity with official having jurisdiction;

necessity for Act of Congress.

(c) Facilities on national, scenic or historic,

trails; permissible activities; use of

motorized vehicles; trail markers;

establishment of uniform marker; placement of

uniform markers; trail interpretation sites.

(d) Use and acquisition of lands within exterior

boundaries of areas included within

right-of-way.

(e) Right-of-way lands outside exterior boundaries of

federally administered areas; cooperative

agreements or acquisition; failure to agree or

acquire; agreement or acquisition by Secretary

concerned; right of first refusal for original

owner upon disposal.

(f) Exchange of property within the right-of-way by

Secretary of the Interior; property subject to

exchange; equalization of value of property;

exchange of national forest lands by Secretary

of Agriculture; tracts lying outside trail

acquisition area.

(g) Condemnation proceedings to acquire private

lands; limitations; availability of funds for

acquisition of lands or interests therein;

acquisition of high potential, route segments

or historic sites.

(h) Development and maintenance of national, scenic

or historic, trails; cooperation with States

over portions located outside of federally

administered areas; cooperative agreements;

participation of volunteers; reservation of

right-of-way for trails in conveyances by

Secretary of the Interior.

(i) Regulations; issuance; concurrence and

consultation; revision; publication;

violations; penalties; utilization of national

park or national forest authorities.

(j) Types of trail use allowed.

(k) Donations or other conveyances of qualified real

property interests.

1247. State and local area recreation and historic trails.

(a) Secretary of the Interior to encourage States,

political subdivisions, and private interests;

financial assistance for State and local

projects.

(b) Secretary of Housing and Urban Development to

encourage metropolitan and other urban areas;

administrative and financial assistance in

connection with recreation and transportation

planning; administration of urban open-space

program.

(c) Secretary of Agriculture to encourage States,

local agencies, and private interests.

(d) Interim use of railroad rights-of-way.

(e) Designation and marking of trails; approval of

Secretary of the Interior.

1248. Easements and rights-of-way.

(a) Authorization; conditions.

(b) Cooperation of Federal agencies with Secretary of

the Interior and Secretary of Agriculture.

(c) Abandoned railroad grants; retention of rights.

(d) Location, incorporation, and management.

(e) Release and quitclaim; conditions; sale;

proceeds.

(f) ''Conservation system unit'' and ''public lands''

defined.

1249. Authorization of appropriations.

1250. Volunteer trails assistance.

(a) Volunteer planning, development, maintenance, and

management of trails.

(b) Scope of volunteer work.

(c) Use of Federal facilities, equipment, tools, and

technical assistance.

1251. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 460iii-5 of this title;

title 43 section 2302.

-CITE-

16 USC Sec. 1241 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1241. Congressional statement of policy and declaration of

purpose

-STATUTE-

(a) Considerations for determining establishment of trails

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) Initial components

The purpose of this chapter 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) Volunteer citizen involvement

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 chapter

to encourage and assist volunteer citizen involvement in the

planning, development, maintenance, and management, where

appropriate, of trails.

-SOURCE-

(Pub. L. 90-543, Sec. 2, Oct. 2, 1968, 82 Stat. 919; Pub. L.

95-625, title V, Sec. 551(1)-(3), Nov. 10, 1978, 92 Stat. 3511;

Pub. L. 98-11, title II, Sec. 202, Mar. 28, 1983, 97 Stat. 42.)

-MISC1-

AMENDMENTS

1983 - Subsec. (b). Pub. L. 98-11, Sec. 202(1), substituted

''The'' for ''the'' before ''purpose''.

Subsec. (c). Pub. L. 98-11, Sec. 202(2), added subsec. (c).

1978 - Subsec. (a). Pub. L. 95-625, Sec. 551(1), (2), inserted

''the preservation of,'' and ''and historic resources'' after

''promote'' and ''outdoor areas'' and substituted ''within scenic

areas and along historic travel routes of the Nation, which are

often more remotely located'' for ''within established scenic areas

more remotely located''.

Subsec. (b). Pub. L. 95-625, Sec. 551(3), substituted '', scenic

and historic'' for ''and scenic''.

SHORT TITLE OF 2002 AMENDMENTS

Pub. L. 107-338, Sec. 1, Dec. 16, 2002, 116 Stat. 2886, provided

that: ''This Act (amending section 1244 of this title and enacting

provisions set out as a note under section 1244 of this title) may

be cited as the 'Metacomet-Monadnock-Mattabesett Trail Study Act of

2002'.''

Pub. L. 107-325, Sec. 1, Dec. 4, 2002, 116 Stat. 2790, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'Old Spanish Trail Recognition Act of 2002'.''

Pub. L. 107-214, Sec. 1, Aug. 21, 2002, 116 Stat. 1053, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'Long Walk National Historic Trail Study Act'.''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-509, Sec. 1, Nov. 13, 2000, 114 Stat. 2361, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'Ala Kahakai National Historic Trail Act'.''

Pub. L. 106-307, Sec. 1, Oct. 13, 2000, 114 Stat. 1074, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'El Camino Real de Tierra Adentro National Historic Trail

Act'.''

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-135, Sec. 1, Dec. 7, 1999, 113 Stat. 1685, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'Star-Spangled Banner National Historic Trail Study Act of

1999'.''

SHORT TITLE OF 1993 AMENDMENTS

Pub. L. 103-145, Sec. 1, Nov. 17, 1993, 107 Stat. 1496, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'El Camino Real Para Los Texas Study Act of 1993'.''

Pub. L. 103-144, Sec. 1, Nov. 17, 1993, 107 Stat. 1494, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'El Camino Real de Tierra Adentro Study Act of 1993'.''

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-365, Sec. 1, Aug. 15, 1990, 104 Stat. 429, provided

that: ''This Act (amending sections 1244 and 1249 of this title)

may be cited as the 'Juan Bautista de Anza National Historic Trail

Act'.''

Pub. L. 101-321, Sec. 1, July 3, 1990, 104 Stat. 293, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'Selma to Montgomery National Trail Study Act of 1989'.''

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-559, title II, Sec. 201, Oct. 28, 1988, 102 Stat.

2797, provided that: ''This title (amending section 1244 of this

title) may be cited as the 'Coronado National Trail Study Act of

1988'.''

Pub. L. 100-470, Sec. 1, Oct. 4, 1988, 102 Stat. 2281, provided

that: ''This Act (amending sections 1244 and 1248 of this title and

enacting provisions set out as notes under section 1248 of this

title) may be cited as the 'National Trails System Improvements Act

of 1988'.''

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-187, Sec. 1, Dec. 11, 1987, 101 Stat. 1287, provided

that: ''This Act (amending section 1244 of this title) may be cited

as the 'De Soto National Trail Study Act of 1987'.''

SHORT TITLE OF 1983 AMENDMENT

Section 201 of title II of Pub. L. 98-11 provided that: ''This

title (enacting sections 1250 and 1251 of this title and amending

this section and sections 1242 to 1247 and 1249 of this title) may

be cited as the 'National Trails System Act Amendments of 1983'.''

SHORT TITLE

Section 1 of Pub. L. 90-543 provided that: ''This Act (enacting

this chapter) may be cited as the 'National Trails System Act'.''

-EXEC-

EX. ORD. NO. 13195. TRAILS FOR AMERICA IN THE 21ST CENTURY

Ex. Ord. No. 13195, Jan. 18, 2001, 66 F.R. 7391, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in furtherance of

purposes of the National Trails System Act of 1968, as amended (16

U.S.C. 1241-1251), the Transportation Equity Act for the 21st

Century (Public Law 105-178) (see Short Title of 1998 Amendments

note set out under section 101 of Title 23, Highways), and other

pertinent statutes, and to achieve the common goal of better

establishing and operating America's national system of trails, it

is hereby ordered as follows:

Section 1. Federal Agency Duties. Federal agencies will, to the

extent permitted by law and where practicable - and in cooperation

with Tribes, States, local governments, and interested citizen

groups - protect, connect, promote, and assist trails of all types

throughout the United States. This will be accomplished by:

(a) Providing trail opportunities of all types, with minimum

adverse impacts and maximum benefits for natural, cultural, and

community resources;

(b) Protecting the trail corridors associated with national

scenic trails and the high priority potential sites and segments of

national historic trails to the degrees necessary to ensure that

the values for which each trail was established remain intact;

(c) Coordinating maps and data for the components of the national

trails system and Millennium Trails network to ensure that these

trails are connected into a national system and that they benefit

from appropriate national programs;

(d) Promoting and registering National Recreation Trails, as

authorized in the National Trails System Act, by incorporating

where possible the commitments and partners active with Millennium

Trails;

(e) Participating in a National Trails Day the first Saturday of

June each year, coordinating Federal events with the National

Trails Day's sponsoring organization, the American Hiking Society;

(f) Familiarizing Federal agencies that are active in tourism and

travel with the components of a national system of trails and the

Millennium Trails network and including information about them in

Federal promotional and outreach programs;

(g) Fostering volunteer programs and opportunities to engage

volunteers in all aspects of trail planning, development,

maintenance, management, and education as outlined in 16 U.S.C.

1250;

(h) Encouraging participation of qualified youth conservation or

service corps, as outlined in 41 (42) U.S.C. 12572 and 42 U.S.C.

12656, to perform construction and maintenance of trails and

trail-related projects, as encouraged in sections 1108(g) and

1112(e) of the Transportation Equity Act for the 21st Century (23

U.S.C. 133 note, 206 note), and also in trail planning protection,

operations, and education;

(i) Promoting trails for safe transportation and recreation

within communities;

(j) Providing and promoting a wide variety of trail opportunities

and experiences for people of all ages and abilities;

(k) Providing historical interpretation of trails and trail sites

and enhancing cultural and heritage tourism through special events,

artworks, and programs; and

(l) Providing training and information services to provide

high-quality information and training opportunities to Federal

employees, Tribal, State, and local government agencies, and the

other trail partners.

Sec. 2. The Federal Interagency Council on Trails. The Federal

Interagency Council on Trails (Council), first established by

agreement between the Secretaries of Agriculture and the Interior

in 1969, is hereby recognized as a long-standing interagency

working group. Its core members represent the Department of the

Interior's Bureau of Land of (sic) Management and National Park

Service, the Department of Agriculture's Forest Service, and the

Department of Transportation's Federal Highway Administration.

Other Federal agencies, such as those representing cultural and

heritage interests, are welcome to join this council. Leadership

of the Council may rotate among its members as decided among

themselves at the start of each fiscal year. The Council's mission

is to coordinate information and program decisions, as well as

policy recommendations, among all appropriate Federal agencies (in

consultation with appropriate nonprofit organizations) to foster

the development of America's trails through the following means:

(a) Enhancing federally designated trails of all types (e.g.,

scenic, historic, recreation, and Millennium) and working to

integrate these trails into a fully connected national system;

(b) Coordinating mapping, signs and markers, historical and

cultural interpretations, public information, training, and

developing plans and recommendations for a national trails registry

and database;

(c) Ensuring that trail issues are integrated in Federal agency

programs and that technology transfer and education programs are

coordinated at the national level; and

(d) Developing a memorandum of understanding among the agencies

to encourage long-term interagency coordination and cooperation to

further the spirit and intent of the National Trails System Act and

related programs.

Sec. 3. Issue Resolution and Handbook for Federal Administrators

of the National Trails System. Federal agencies shall together

develop a process for resolving interagency issues concerning

trails. In addition, reflecting the authorities of the National

Trails System Act, participating agencies shall coordinate

preparation of (and updates for) an operating handbook for Federal

administrators of the National Trails System and others involved in

creating a national system of trails. The handbook shall reflect

each agencies' governing policies and provide guidance to each

agencies' field staff and partners about the roles and

responsibilities needed to make each trail in the national system

fully operational.

Sec. 4. Observance of Existing Laws. Nothing in this Executive

Order shall be construed to override existing laws, including those

that protect the lands, waters, wildlife habitats, wilderness

areas, and cultural values of this Nation.

Sec. 5. Judicial Review. This order is intended only to improve

the internal management of the executive branch. It does not

create any right or benefit, substantive or procedural, enforceable

in law or equity by any party against the United States, its

agencies, its officers or employees, or any other person.

William J. Clinton.

-CITE-

16 USC Sec. 1242 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1242. National trails system

-STATUTE-

(a) Composition: recreation trails; scenic trails; historic trails;

connecting or side trails; uniform markers

The national system of trails shall be composed of the following:

(1) National recreation trails, established as provided in

section 1243 of this title, 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

1244 of this title, 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.

(3) National historic trails, established as provided in

section 1244 of this title, which will be extended trails which

follow as closely as possible and practicable the original trails

or routes of travel of national historical 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 an historic trail which are on federally owned lands and which

meet the national historic trail criteria established in this

chapter 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 chapter 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 1245 of this title, 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) Extended trails

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.

-SOURCE-

(Pub. L. 90-543, Sec. 3, Oct. 2, 1968, 82 Stat. 919; Pub. L.

95-625, title V, Sec. 551(4), (5), Nov. 10, 1978, 92 Stat. 3511,

3512; Pub. L. 98-11, title II, Sec. 203, Mar. 28, 1983, 97 Stat.

42; Pub. L. 104-333, div. I, title VIII, Sec. 814(d)(1)(E), Nov.

12, 1996, 110 Stat. 4196.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-333 struck out subsec. (c) which

read as follows: ''On October 1, 1982, and at the beginning of each

odd numbered fiscal year thereafter, the Secretary of the Interior

shall submit to the Speaker of the United States House of

Representatives and to the President of the United States Senate,

an initial and revised (respectively) National Trails System plan.

Such comprehensive plan shall indicate the scope and extent of a

completed nationwide system of trails, to include (1) desirable

nationally significant scenic and historic components which are

considered necessary to complete a comprehensive national system,

and (2) other trails which would balance out a complete and

comprehensive nationwide system of trails. Such plan, and the

periodic revisions thereto, shall be prepared in full consultation

with the Secretary of Agriculture, the Governors of the various

States, and the trails community.''

1983 - Subsec. (a). Pub. L. 98-11, Sec. 203(1), (2), designated

existing provisions as subsec. (a), redesignated former subsecs.

(a) to (d) as pars. (1) to (4), respectively, and, in provisions

preceding par. (1), substituted ''shall be composed of the

following:'' for ''shall be composed of - ''.

Subsec. (a)(2). Pub. L. 98-11, Sec. 203(3), inserted provision

authorizing the location of national scenic trails 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.

Subsec. (a)(3). Pub. L. 98-11, Sec. 203(4), (5), substituted ''in

this chapter are included as Federal'' for ''in this chapter, are

established as initial Federal'' in fourth sentence and struck out

''subsequently'' after ''The appropriate Secretary may'' in fifth

sentence.

Subsecs. (b), (c). Pub. L. 98-11, Sec. 203(6), added subsecs. (b)

and (c).

1978 - Subsecs. (c), (d). Pub. L. 95-625, Sec. 551(4), (5), added

subsec. (c), redesignated former subsec. (c) as (d), and

substituted '', national scenic or national historic'' for ''or

national scenic''.

-CITE-

16 USC Sec. 1243 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1243. National recreation trails; establishment and

designation; prerequisites

-STATUTE-

(a) The Secretary of the Interior, or the Secretary of

Agriculture where lands administered by him are involved, may

establish and designate national recreation trails, with the

consent of the Federal agency, State, or political subdivision

having jurisdiction over the lands involved, upon finding that -

(i) such trails are reasonably accessible to urban areas, and,

or

(ii) such trails meet the criteria established in this chapter

and such supplementary criteria as he may prescribe.

(b) As provided in this section, trails within park, forest, and

other recreation areas administered by the Secretary of the

Interior or the Secretary of Agriculture or in other federally

administered areas may be established and designated as ''National

Recreation Trails'' by the appropriate Secretary and, when no

Federal land acquisition is involved -

(i) trails in or reasonably accessible to urban areas may be

designated as ''National Recreation Trails'' by the appropriate

Secretary with the consent of the States, their political

subdivisions, or other appropriate administering agencies;

(ii) trails within park, forest, and other recreation areas

owned or administered by States may be designated as ''National

Recreation Trails'' by the appropriate Secretary with the consent

of the State; and

(iii) trails on privately owned lands may be designated

''National Recreation Trails'' by the appropriate Secretary with

the written consent of the owner of the property involved.

-SOURCE-

(Pub. L. 90-543, Sec. 4, Oct. 2, 1968, 82 Stat. 919; Pub. L. 98-11,

title II, Sec. 204, Mar. 28, 1983, 97 Stat. 43.)

-MISC1-

AMENDMENTS

1983 - Subsec. (b)(i), (ii). Pub. L. 98-11, Sec. 204(1),

substituted ''appropriate Secretary'' for ''Secretary of the

Interior''.

Subsec. (b)(iii). Pub. L. 98-11, Sec. 204(2)-(4), added cl.

(iii).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460lll-27, 1242 of this

title.

-CITE-

16 USC Sec. 1244 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1244. National scenic and national historic trails

-STATUTE-

(a) Establishment and designation; administration

National scenic and national historic trails shall be authorized

and designated only by Act of Congress. There are hereby

established the following National Scenic and National Historic

Trails:

(1) The Appalachian National Scenic Trail, a trail of

approximately two thousand miles extending generally along the

Appalachian Mountains from Mount Katahdin, Maine, to Springer

Mountain, Georgia. Insofar as practicable, the right-of-way for

such trail shall comprise the trail depicted on the maps identified

as ''Nationwide System of Trails, Proposed Appalachian Trail,

NST-AT-101-May 1967'', which shall be on file and available for

public inspection in the office of the Director of the National

Park Service. Where practicable, such rights-of-way shall include

lands protected for it under agreements in effect as of October 2,

1968, to which Federal agencies and States were parties. The

Appalachian Trail shall be administered primarily as a footpath by

the Secretary of the Interior, in consultation with the Secretary

of Agriculture.

(2) The Pacific Crest National Scenic Trail, a trail of

approximately two thousand three hundred fifty miles, extending

from the Mexican-California border northward generally along the

mountain ranges of the west coast States to the Canadian-Washington

border near Lake Ross, following the route as generally depicted on

the map, identified as ''Nationwide System of Trails, Proposed

Pacific Crest Trail, NST-PC-103-May 1967'' which shall be on file

and available for public inspection in the office of the Chief of

the Forest Service. The Pacific Crest Trail shall be administered

by the Secretary of Agriculture, in consultation with the Secretary

of the Interior.

(3) The Oregon National Historic Trail, a route of approximately

two thousand miles extending from near Independence, Missouri, to

the vicinity of Portland, Oregon, following a route as depicted on

maps identified as ''Primary Route of the Oregon Trail 1841-1848'',

in the Department of the Interior's Oregon Trail study report dated

April 1977, and which shall be on file and available for public

inspection in the office of the Director of the National Park

Service. The trail shall be administered by the Secretary of the

Interior.

(4) The Mormon Pioneer National Historic Trail, a route of

approximately one thousand three hundred miles extending from

Nauvoo, Illinois, to Salt Lake City, Utah, following the primary

historical route of the Mormon Trail as generally depicted on a

map, identified as, ''Mormon Trail Vicinity Map, figure 2'' in the

Department of the Interior Mormon Trail study report dated March

1977, and which shall be on file and available for public

inspection in the office of the Director, National Park Service,

Washington, D.C. The trail shall be administered by the Secretary

of the Interior.

(5) The Continental Divide National Scenic Trail, a trail of

approximately thirty-one hundred miles, extending from the

Montana-Canada border to the New Mexico-Mexico border, following

the approximately route depicted on the map, identified as

''Proposed Continental Divide National Scenic Trail'' in the

Department of the Interior Continental Divide Trail study report

dated March 1977 and which shall be on file and available for

public inspection in the office of the Chief, Forest Service,

Washington, D.C. The Continental Divide National Scenic Trail shall

be administered by the Secretary of Agriculture in consultation

with the Secretary of the Interior. Notwithstanding the provisions

of section 1246(c) of this title, the use of motorized vehicles on

roads which will be designated segments of the Continental Divide

National Scenic Trail shall be permitted in accordance with

regulations prescribed by the appropriate Secretary.

(6) The Lewis and Clark National Historic Trail, a trail of

approximately three thousand seven hundred miles, extending from

Wood River, Illinois, to the mouth of the Columbia River in Oregon,

following the outbound and inbound routes of the Lewis and Clark

Expedition depicted on maps identified as, ''Vicinity Map, Lewis

and Clark Trail'' study report dated April 1977. The map shall be

on file and available for public inspection in the office of the

Director, National Park Service, Washington, D.C. The trail shall

be administered by the Secretary of the Interior.

(7) The Iditarod National Historic Trail, a route of

approximately two thousand miles extending from Seward, Alaska, to

Nome, Alaska, following the routes as depicted on maps identified

as ''Seward-Nome Trail'', in the Department of the Interior's study

report entitled ''The Iditarod Trail (Seward-Nome Route) and other

Alaskan Gold Rush Trails'' dated September 1977. The map shall be

on file and available for public inspection in the office of the

Director, National Park Service, Washington, D.C. The trail shall

be administered by the Secretary of the Interior.

(8) The North Country National Scenic Trail, a trail of

approximately thirty-two hundred miles, extending from eastern New

York State to the vicinity of Lake Sakakawea in North Dakota,

following the approximate route depicted on the map identified as

''Proposed North Country Trail-Vicinity Map'' in the Department of

the Interior ''North Country Trail Report'', dated June 1975. The

map shall be on file and available for public inspection in the

office of the Director, National Park Service, Washington, District

of Columbia. The trail shall be administered by the Secretary of

the Interior.

(9) The Overmountain Victory National Historic Trail, a system

totaling approximately two hundred seventy-two miles of trail with

routes from the mustering point near Abingdon, Virginia, to

Sycamore Shoals (near Elizabethton, Tennessee); from Sycamore

Shoals to Quaker Meadows (near Morganton, North Carolina); from the

mustering point in Surry County, North Carolina, to Quaker Meadows;

and from Quaker Meadows to Kings Mountain, South Carolina, as

depicted on the map identified as Map 3 - Historic Features - 1780

in the draft study report entitled ''Overmountain Victory Trail''

dated December 1979. The map shall be on file and available for

public inspection in the Office of the Director, National Park

Service, Washington, District of Columbia. The trail shall be

administered by the Secretary of the Interior.

(10) The Ice Age National Scenic Trail, a trail of approximately

one thousand miles, extending from Door County, Wisconsin, to

Interstate Park in Saint Croix County, Wisconsin, generally

following the route described in ''On the Trail of the Ice Age - A

Hiker's and Biker's Guide to Wisconsin's Ice Age National

Scientific Reserve and Trail'', by Henry S. Reuss, Member of

Congress, dated 1980. The guide and maps shall be on file and

available for public inspection in the Office of the Director,

National Park Service, Washington, District of Columbia. Overall

administration of the trail shall be the responsibility of the

Secretary of the Interior pursuant to subsection (d) of this

section. The State of Wisconsin, in consultation with the

Secretary of the Interior, may, subject to the approval of the

Secretary, prepare a plan for the management of the trail which

shall be deemed to meet the requirements of subsection (e) of this

section. Notwithstanding the provisions of section 1246(c) of this

title, snowmobile use may be permitted on segments of the Ice Age

National Scenic Trail where deemed appropriate by the Secretary and

the managing authority responsible for the segment.

(11) The Potomac Heritage National Scenic Trail, a corridor of

approximately seven hundred and four miles following the route as

generally depicted on the map identified as ''National Trails

System, Proposed Potomac Heritage Trail'' in ''The Potomac Heritage

Trail'', a report prepared by the Department of the Interior and

dated December 1974, except that no designation of the trail shall

be made in the State of West Virginia. The map 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 initially consist of only those segments of the

corridor located within the exterior boundaries of federally

administered areas. No lands or interests therein outside the

exterior boundaries of any federally administered area may be

acquired by the Federal Government for the Potomac Heritage Trail.

The Secretary of the Interior may designate lands outside of

federally administered areas as segments of the trail, only upon

application from the States or local governmental agencies

involved, if such segments meet the criteria established in this

chapter and are administered by such agencies without expense to

the United States. The trail shall be administered by the Secretary

of the Interior.

(12) The Natchez Trace National Scenic Trail, a trail system of

approximately six hundred and ninety-four miles extending from

Nashville, Tennessee, to Natchez, Mississippi, as depicted on the

map entitled ''Concept Plan, Natchez Trace Trails Study'' in ''The

Natchez Trace'', a report prepared by the Department of the

Interior and dated August 1979. The map shall be on file and

available for public inspection in the office of the Director of

the National Park Service, Department of the Interior, Washington,

District of Columbia. The trail shall be administered by the

Secretary of the Interior.

(13) The Florida National Scenic Trail, a route of approximately

thirteen hundred miles extending through the State of Florida as

generally depicted in ''The Florida Trail'', a national scenic

trail study draft report prepared by the Department of the Interior

and dated February 1980. The report shall be on file and available

for public inspection in the office of the Chief of the Forest

Service, Washington, District of Columbia. No lands or interests

therein outside the exterior boundaries of any federally

administered area may be acquired by the Federal Government for the

Florida Trail except with the consent of the owner thereof. The

Secretary of Agriculture may designate lands outside of federally

administered areas as segments of the trail, only upon application

from the States or local governmental agencies involved, if such

segments meet the criteria established in this chapter and are

administered by such agencies without expense to the United States.

The trail shall be administered by the Secretary of Agriculture.

(14) The Nez Perce National Historic Trail, a route of

approximately eleven hundred and seventy miles extending from the

vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain, Montana, as

generally depicted in ''Nez Perce (Nee-Me-Poo) Trail Study Report''

prepared by the Department of Agriculture and dated March 1982. The

report shall be on file and available for public inspection in the

Office of the Chief of the Forest Service, Washington, District of

Columbia. The trail shall be administered by the Secretary of

Agriculture. No lands or interests therein outside the exterior

boundaries of any federally administered area may be acquired by

the Federal Government for the Nez Perce National Historic Trail.

The Secretary of Agriculture may designate lands outside of

federally administered areas as segments of the trail upon

application from the States or local governmental agencies involved

if such segments meet the criteria established in this chapter and

are administered by such agencies without expense to the United

States. So that significant route segments and sites recognized as

associated with the Nez Perce Trail may be distinguished by

suitable markers, the Secretary of Agriculture is authorized to

accept the donation of suitable markers for placement at

appropriate locations. Any such markers associated with the Nez

Perce Trail which are to be located on lands administered by any

other department or agency of the United States may be placed on

such lands only with the concurrence of the head of such department

or agency.

(15) The Santa Fe National Historic Trail, a trail of

approximately 950 miles from a point near Old Franklin, Missouri,

through Kansas, Oklahoma, and Colorado to Santa Fe, New Mexico, as

generally depicted on a map entitled ''The Santa Fe Trail''

contained in the Final Report of the Secretary of the Interior

pursuant to subsection (b) of this section, dated July 1976. The

map 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 the Interior. No lands or interests therein outside

the exterior boundaries of any federally administered area may be

acquired by the Federal Government for the Santa Fe Trail except

with the consent of the owner thereof. Before acquiring any

easement or entering into any cooperative agreement with a private

landowner with respect to the trail, the Secretary shall notify the

landowner of the potential liability, if any, for injury to the

public resulting from physical conditions which may be on the

landowner's land. The United States shall not be held liable by

reason of such notice or failure to provide such notice to the

landowner. So that significant route segments and sites recognized

as associated with the Santa Fe Trail may be distinguished by

suitable markers, the Secretary of the Interior is authorized to

accept the donation of suitable markers for placement at

appropriate locations.

(16)(A) The Trail of Tears National Historic Trail, a trail

consisting of water routes and overland routes traveled by the

Cherokee Nation during its removal from ancestral lands in the East

to Oklahoma during 1838 and 1839, generally located within the

corridor described through portions of Georgia, North Carolina,

Alabama, Tennessee, Kentucky, Illinois, Missouri, Arkansas, and

Oklahoma in the final report of the Secretary of the Interior

prepared pursuant to subsection (b) of this section entitled

''Trail of Tears'' and dated June 1986. Maps depicting the corridor

shall be on file and available for public inspection in the Office

of the National Park Service, Department of the Interior. The trail

shall be administered by the Secretary of the Interior. No lands or

interests therein outside the exterior boundaries of any federally

administered area may be acquired by the Federal Government for the

Trail of Tears except with the consent of the owner thereof.

(B) In carrying out his responsibilities pursuant to subsections

(FOOTNOTE 1) 1244(f) and 1246(c) of this title, the Secretary of

the Interior shall give careful consideration to the establishment

of appropriate interpretive sites for the Trail of Tears in the

vicinity of Hopkinsville, Kentucky, Fort Smith, Arkansas, Trail of

Tears State Park, Missouri, and Tahlequah, Oklahoma.

(FOOTNOTE 1) So in original. Probably should be ''sections''.

(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, of approximately

1,200 miles through Arizona and California, as generally described

in the report of the Department of the Interior prepared pursuant

to subsection (b) of this section 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 the Interior. No lands or interests 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.

(18) The California National Historic Trail, a route of

approximately five thousand seven hundred miles, including all

routes and cutoffs, extending from Independence and Saint Joseph,

Missouri, and Council Bluffs, Iowa, to various points in California

and Oregon, as generally described in the report of the Department

of the Interior prepared pursuant to subsection (b) of this section

entitled ''California and Pony Express Trails,

Eligibility/Feasibility Study/Environmental Assessment'' and dated

September 1987. A map generally depicting the route shall be on

file and available for public inspection in the Office of the

National Park Service, Department of the Interior. The trail shall

be administered by the Secretary of the Interior. No lands or

interests therein outside the exterior boundaries of any federally

administered area may be acquired by the United States for the

California National Historic Trail except with the consent of the

owner thereof.

(19) The Pony Express National Historic Trail, a route of

approximately one thousand nine hundred miles, including the

original route and subsequent route changes, extending from Saint

Joseph, Missouri, to Sacramento, California, as generally described

in the report of the Department of the Interior prepared pursuant

to subsection (b) of this section entitled ''California and Pony

Express Trails, Eligibility/Feasibility Study/Environmental

Assessment'', and dated September 1987. A map generally depicting

the route shall be on file and available for public inspection in

the Office of the National Park Service, Department of the

Interior. The trail shall be administered by the Secretary of the

Interior. No lands or interests therein outside the exterior

boundaries of any federally administered area may be acquired by

the United States for the Pony Express National Historic Trail

except with the consent of the owner thereof.

(20) The Selma to Montgomery National Historic Trail, consisting

of 54 miles of city streets and United States Highway 80 from Brown

Chapel A.M.E. Church in Selma to the State Capitol Building in

Montgomery, Alabama, traveled by voting rights advocates during

March 1965 to dramatize the need for voting rights legislation, as

generally described in the report of the Secretary of the Interior

prepared pursuant to subsection (b) of this section entitled

''Selma to Montgomery'' and dated April 1993. Maps depicting the

route shall be on file and available for public inspection in the

Office of the National Park Service, Department of the Interior.

The trail shall be administered in accordance with this chapter,

including section 1246(h) of this title. The Secretary of the

Interior, acting through the National Park Service, which shall be

the lead Federal agency, shall cooperate with other Federal, State

and local authorities to preserve historic sites along the route,

including (but not limited to) the Edmund Pettus Bridge and the

Brown Chapel A.M.E. Church.

(21) El camino real de tierra adentro. -

(A) El Camino Real de Tierra Adentro (the Royal Road of the

Interior) National Historic Trail, a 404 mile long trail from the

Rio Grande near El Paso, Texas to San Juan Pueblo, New Mexico, as

generally depicted on the maps entitled ''United States Route: El

Camino Real de Tierra Adentro'', contained in the report prepared

pursuant to subsection (b) of this section entitled ''National

Historic Trail Feasibility Study and Environmental Assessment: El

Camino Real de Tierra Adentro, Texas-New Mexico'', dated March

1997.

(B) Map. - A map generally depicting the trail shall be on file

and available for public inspection in the Office of the National

Park Service, Department of the Interior.

(C) Administration. - The Trail shall be administered by the

Secretary of the Interior.

(D) Land acquisition. - No lands or interests therein outside

the exterior boundaries of any federally administered area may be

acquired by the Federal Government for El Camino Real de Tierra

Adentro except with the consent of the owner thereof.

(E) Volunteer groups; consultation. - The Secretary of the

Interior shall -

(i) encourage volunteer trail groups to participate in the

development and maintenance of the trail; and

(ii) consult with other affected Federal, State, local

governmental, and tribal agencies in the administration of the

trail.

(F) Coordination of activities. - The Secretary of the Interior

may coordinate with United States and Mexican public and

non-governmental organizations, academic institutions, and, in

consultation with the Secretary of State, the government of

Mexico and its political subdivisions, for the purpose of

exchanging trail information and research, fostering trail

preservation and educational programs, providing technical

assistance, and working to establish an international historic

trail with complementary preservation and education programs in

each nation.

(22) Ala kahakai national historic trail. -

(A) In general. - The Ala Kahakai National Historic Trail (the

Trail by the Sea), a 175 mile long trail extending from 'Upolu

Point on the north tip of Hawaii Island down the west coast of

the Island around Ka Lae to the east boundary of Hawaii Volcanoes

National Park at the ancient shoreline temple known as

''Waha'ula'', as generally depicted on the map entitled ''Ala

Kahakai Trail'', contained in the report prepared pursuant to

subsection (b) of this section entitled ''Ala Kahakai National

Trail Study and Environmental Impact Statement'', dated January

1998.

(B) Map. - A map generally depicting the trail shall be on file

and available for public inspection in the Office of the National

Park Service, Department of the Interior.

(C) Administration. - The trail shall be administered by the

Secretary of the Interior.

(D) Land acquisition. - No land or interest in land outside the

exterior boundaries of any federally administered area may be

acquired by the United States for the trail except with the

consent of the owner of the land or interest in land.

(E) Public participation; consultation. - The Secretary of the

Interior shall -

(i) encourage communities and owners of land along the trail,

native Hawaiians, and volunteer trail groups to participate in

the planning, development, and maintenance of the trail; and

(ii) consult with affected Federal, State, and local

agencies, native Hawaiian groups, and landowners in the

administration of the trail.

(23) Old spanish national historic trail. -

(A) In general. - The Old Spanish National Historic Trail, an

approximately 2,700 mile long trail extending from Santa Fe, New

Mexico, to Los Angeles, California, that served as a major trade

route between 1829 and 1848, as generally depicted on the maps

numbered 1 through 9, as contained in the report entitled ''Old

Spanish Trail National Historic Trail Feasibility Study'', dated

July 2001, including the Armijo Route, Northern Route, North

Branch, and Mojave Road.

(B) Map. - A map generally depicting the trail shall be on file

and available for public inspection in the appropriate offices of

the Department of the Interior.

(C) Administration. - The trail shall be administered by the

Secretary of the Interior (referred to in this paragraph as the

''Secretary'').

(D) Land acquisition. - The United States shall not acquire for

the trail any land or interest in land outside the exterior

boundary of any federally-managed area without the consent of the

owner of the land or interest in land.

(E) Consultation. - The Secretary shall consult with other

Federal, State, local, and tribal agencies in the administration

of the trail.

(F) Additional routes. - The Secretary may designate additional

routes to the trail if -

(i) the additional routes were included in the Old Spanish

Trail National Historic Trail Feasibility Study, but were not

recommended for designation as a national historic trail; and

(ii) the Secretary determines that the additional routes were

used for trade and commerce between 1829 and 1848.

(b) Additional national scenic or national historic trails;

feasibility studies; consultations; submission of studies to

Congress; scope of studies; qualifications for national

historic trail designation

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

November 10, 1978, 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 interests 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 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

(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 variation 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) Routes subject to consideration for designation as national

scenic trails

The following routes shall be studied in accordance with the

objectives outlined in subsection (b) of this section:

(1) Continental Divide Trail, a three-thousand-one-hundred-mile

trail extending from near the Mexican border in southwestern New

Mexico northward generally along the Continental Divide to the

Canadian border in Glacier National Park.

(2) Potomac Heritage Trail, an eight-hundred-and-twenty-five-mile

trail extending generally from the mouth of the Potomac River to

its sources in Pennsylvania and West Virginia, including the

one-hundred-and-seventy-mile Chesapeake and Ohio Canal towpath.

(3) Old Cattle Trails of the Southwest from the vicinity of San

Antonio, Texas, approximately eight hundred miles through Oklahoma

via Baxter Springs and Chetopa, Kansas, to Fort Scott, Kansas,

including the Chisholm Trail, from the vicinity of San Antonio or

Cuero, Texas, approximately eight hundred miles north through

Oklahoma to Abilene, Kansas.

(4) Lewis and Clark Trail, from Wood River, Illinois, to the

Pacific Ocean in Oregon, following both the outbound and inbound

routes of the Lewis and Clark Expedition.

(5) Natchez Trace, from Nashville, Tennessee, approximately six

hundred miles to Natchez, Mississippi.

(6) North Country Trail, from the Appalachian Trail in Vermont,

approximately three thousand two hundred miles through the States

of New York, Pennsylvania, Ohio, Michigan, Wisconsin, and

Minnesota, to the Lewis and Clark Trail in North Dakota.

(7) Kittanning Trail from Shirleysburg in Huntingdon County to

Kittanning, Armstrong County, Pennsylvania.

(8) Oregon Trail, from Independence, Missouri, approximately two

thousand miles to near Fort Vancouver, Washington.

(9) Santa Fe Trail, from Independence, Missouri, approximately

eight hundred miles to Santa Fe, New Mexico.

(10) Long Trail, extending two hundred and fifty-five miles from

the Massachusetts border northward through Vermont to the Canadian

border.

(11) Mormon Trail, extending from Nauvoo, Illinois, to Salt Lake

City, Utah, through the States of Iowa, Nebraska, and Wyoming.

(12) Gold Rush Trails in Alaska.

(13) Mormon Battalion Trail, extending two thousand miles from

Mount Pisgah, Iowa, through Kansas, Colorado, New Mexico, and

Arizona to Los Angeles, California.

(14) El Camino Real from St. Augustine to San Mateo, Florida,

approximately 20 miles along the southern boundary of the St. Johns

River from Fort Caroline National Memorial to the St. Augustine

National Park Monument.

(15) Bartram Trail, extending through the States of Georgia,

North Carolina, South Carolina, Alabama, Florida, Louisiana,

Mississippi, and Tennessee.

(16) Daniel Boone Trail, extending from the vicinity of

Statesville, North Carolina, to Fort Boonesborough State Park,

Kentucky.

(17) Desert Trail, extending from the Canadian border through

parts of Idaho, Washington, Oregon, Nevada, California, and

Arizona, to the Mexican border.

(18) Dominguez-Escalante Trail, extending approximately two

thousand miles along the route of the 1776 expedition led by Father

Francisco Atanasio Dominguez and Father Silvestre Velez de

Escalante, originating in Santa Fe, New Mexico; proceeding

northwest along the San Juan, Dolores, Gunnison, and White Rivers

in Colorado; thence westerly to Utah Lake; thence southward to

Arizona and returning to Santa Fe.

(19) Florida Trail, extending north from Everglades National

Park, including the Big Cypress Swamp, the Kissimme (FOOTNOTE 2)

Prairie, the Withlacoochee State Forest, Ocala National Forest,

Osceola National Forest, and Black Water River State Forest, said

completed trail to be approximately one thousand three hundred

miles long, of which over four hundred miles of trail have already

been built.

(FOOTNOTE 2) So in original. Probably should be ''Kissimmee''.

(20) Indian Nations Trail, extending from the Red River in

Oklahoma approximately two hundred miles northward through the

former Indian nations to the Oklahoma-Kansas boundary line.

(21) Nez Perce Trail extending from the vicinity of Wallowa Lake,

Oregon, to Bear Paw Mountain, Montana.

(22) Pacific Northwest Trail, extending approximately one

thousand miles from the Continental Divide in Glacier National

Park, Montana, to the Pacific Ocean beach of Olympic National Park,

Washington, by way of -

(A) Flathead National Forest and Kootenai National Forest in

the State of Montana;

(B) Kaniksu National Forest in the State of Idaho; and

(C) Colville National Forest, Okanogan National Forest,

Pasayten Wilderness Area, Ross Lake National Recreation Area,

North Cascades National Park, Mount Baker, the Skagit River,

Deception Pass, Whidbey Island, Olympic National Forest, and

Olympic National Park in the State of Washington.

(23) Overmountain Victory Trail, extending from the vicinity of

Elizabethton, Tennessee, to Kings Mountain National Military Park,

South Carolina.

(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.

(25) Trail of Tears, including the associated forts and

specifically, Fort Mitchell, Alabama, and historic properties,

extending from the vicinity of Murphy, North Carolina, through

Georgia, Alabama, Tennessee, Kentucky, Illinois, Missouri, and

Arkansas, to the vicinity of Tahlequah, Oklahoma.

(26) Illinois Trail, extending from the Lewis and Clark Trail at

Wood River, Illinois, to the Chicago Portage National Historic

Site, generally following the Illinois River and the Illinois and

Michigan Canal.

(27) Jedediah Smith Trail, to include the routes of the

explorations led by Jedediah Smith -

(A) during the period 1826-1827, extending from the

Idaho-Wyoming border, through the Great Salt Lake, Sevier,

Virgin, and Colorado River Valleys, and the Mojave Desert, to the

San Gabriel Mission, California; thence through the Tehachapi

Mountains, San Joaquin and Stanislaus River Valleys, Ebbetts

Pass, Walker River Valley, Bald Mount, Mount Grafton, and Great

Salt Lake to Bear Lake, Utah; and

(B) during 1828, extending from the Sacramento and Trinity

River Valleys along the Pacific coastline, through the Smith and

Willamette River Valleys to the Fort Vancouver National Historic

Site, Washington, on the Columbia River.

(28) General Crook Trail, extending from Prescott, Arizona,

across the Mogollon Rim to Fort Apache.

(29) Beale Wagon Road, within the Kaibab and Coconino National

Forests in Arizona: Provided, That such study may be prepared in

conjunction with ongoing planning processes for these National

Forests to be completed before 1990.

(30) Pony Express Trail, extending from Saint Joseph, Missouri,

through Kansas, Nebraska, Colorado, Wyoming, Utah, Nevada, to

Sacramento, California, as indicated on a map labeled ''Potential

Pony Express Trail'', dated October 1983 and the California Trail,

extending from the vicinity of Omaha, Nebraska, and Saint Joseph,

Missouri, to various points in California, as indicated on a map

labeled ''Potential California Trail'' and dated August 1, 1983.

Notwithstanding subsection (b) of this section, the study under

this paragraph shall be completed and submitted to the Congress no

later than the end of two complete fiscal years beginning after

August 28, 1984. Such study shall be separated into two portions,

one relating to the Pony Express Trail and one relating to the

California Trail.

(31) De Soto Trail, the approximate route taken by the expedition

of the Spanish explorer Hernado de Soto in 1539, extending through

portions of the States of Florida, Georgia, South Carolina, North

Carolina, Tennessee, Alabama, Mississippi, to the area of Little

Rock, Arkansas, on to Texas and Louisiana, and any other States

which may have been crossed by the expedition. The study under

this paragraph shall be prepared in accordance with subsection (b)

of this section, except that it shall be completed and submitted to

the Congress with recommendations as to the trail's suitability for

designation not later than one calendar year after December 11,

1987.

(32) Coronado Trail, the approximate route taken by the

expedition of the Spanish explorer Francisco Vasquez de Coronado

between 1540 and 1542, extending through portions of the States of

Arizona, New Mexico, Texas, Oklahoma, and Kansas. The study under

this paragraph shall be prepared in accordance with subsection (b)

of this section. In conducting the study under this paragraph, the

Secretary shall provide for (A) the review of all original Spanish

documentation on the Coronado Trail, (B) the continuing search for

new primary documentation on the trail, and (C) the examination of

all information on the archeological sites along the trail.

(33) The route from Selma to Montgomery, Alabama traveled by

people in a march dramatizing the need for voting rights

legislation, in March 1965, includes Sylvan South Street, Water

Avenue, the Edmund Pettus Bridge, and Highway 80. The study under

this paragraph shall be prepared in accordance with subsection (b)

of this section, except that it shall be completed and submitted to

the Congress with recommendations as to the trail's suitability for

designation not later than 1 year after July 3, 1990.

(34) American Discovery Trail, extending from Pt. Reyes,

California, across the United States through Nevada, Utah,

Colorado, Kansas, Nebraska, Missouri, Iowa, Illinois, Indiana,

Ohio, West Virginia, Maryland, and the District of Columbia, to

Cape Henlopen State Park, Delaware; to include in the central

United States a northern route through Colorado, Nebraska, Iowa,

Illinois, and Indiana and a southern route through Colorado,

Kansas, Missouri, Illinois, and Indiana.

(35) Ala Kahakai Trail in the State of Hawaii, an ancient

Hawaiian trail on the Island of Hawaii extending from the northern

tip of the Island of Hawaii approximately 175 miles along the

western and southern coasts to the northern boundary of Hawaii

Volcanoes National Park.

(36)(A) El Camino Real de Tierra Adentro, the approximately 1,800

mile route extending from Mexico City, Mexico, across the

international border at El Paso, Texas, to Santa Fe, New Mexico.

(B) The study shall -

(i) examine changing routes within the general corridor;

(ii) examine major connecting branch routes; and

(iii) give due consideration to alternative name designations.

(C) The Secretary of the Interior is authorized to work in

cooperation with the Government of Mexico (including, but not

limited to providing technical assistance) to determine the

suitability and feasibility of establishing an international

historic route along the El Camino Real de Tierra Adentro.

(37)(A) El Camino Real Para Los Texas, the approximate series of

routes from Saltillo, Monclova, and Guerrero, Mexico across Texas

through San Antonio and Nacogdoches, to the vicinity of Los Adaes,

Louisiana, together with the evolving routes later known as the San

Antonio Road.

(B) The study shall -

(i) examine the changing roads within the historic corridor;

(ii) examine the major connecting branch routes;

(iii) determine the individual or combined suitability and

feasibility of routes for potential national historic trail

designation;

(iv) consider the preservation heritage plan developed by the

Texas Department of Transportation entitled ''A Texas Legacy: The

Old San Antonio Road and the Caminos Reales'', dated January,

1991; and

(v) make recommendations concerning the suitability and

feasibility of establishing an international historical park

where the trail crosses the United States-Mexico border at

Maverick County, Texas, and Guerrero, Mexico.

(C) The Secretary of the Interior is authorized to work in

cooperation with the government of Mexico (including, but not

limited to providing technical assistance) to determine the

suitability and feasibility of establishing an international

historic trail along the El Camino Real Para Los Texas.

(D) The study shall be undertaken in consultation with the

Louisiana Department of Transportation and Development and the

Texas Department of Transportation.

(E) The study shall consider alternative name designations for

the trail.

(F) The study shall be completed no later than two years after

the date funds are made available for the study.

(38) The Old Spanish Trail, beginning in Santa Fe, New Mexico,

proceeding through Colorado and Utah, and ending in Los Angeles,

California, and the Northern Branch of the Old Spanish Trail,

beginning near Espanola, New Mexico, proceeding through Colorado,

and ending near Crescent Junction, Utah.

(39) The Great Western Scenic Trail, a system of trails to

accommodate a variety of travel users in a corridor of

approximately 3,100 miles in length extending from the

Arizona-Mexico border to the Idaho-Montana-Canada border, following

the approximate route depicted on the map identified as ''Great

Western Trail Corridor, 1988'', which shall be on file and

available for public inspection in the Office of the Chief of the

Forest Service, United States Department of Agriculture. The trail

study shall be conducted by the Secretary of Agriculture, in

consultation with the Secretary of the Interior, in accordance with

subsection (b) of this section and shall include -

(A) the current status of land ownership and current and

potential use along the designated route;

(B) the estimated cost of acquisition of lands or interests in

lands, if any; and

(C) an examination of the appropriateness of motorized trail

use along the trail.

(40) Star-Spangled Banner National Historic Trail. -

(A) In general. - The Star-Spangled Banner National Historic

Trail, tracing the War of 1812 route from the arrival of the

British fleet in the Patuxent River in Calvert County and St.

Mary's County, Maryland, the landing of the British forces at

Benedict, the sinking of the Chesapeake Flotilla at Pig Point,

the American defeat at the Battle of Bladensburg, the siege of

the Nation's Capital, Washington, District of Columbia (including

the burning of the United States Capitol and the White House),

the British naval diversions in the upper Chesapeake Bay leading

to the Battle of Caulk's Field in Kent County, Maryland, the

route of the American troops from Washington through Georgetown,

the Maryland Counties of Montgomery, Howard, and Baltimore, and

the City of Baltimore, Maryland, to the Battle of North Point,

and the ultimate victory of the Americans at Fort McHenry on

September 14, 1814.

(B) Affected areas. - The trail crosses eight counties within

the boundaries of the State of Maryland, the City of Baltimore,

Maryland, and Washington, District of Columbia.

(C) Coordination with other congressionally mandated

activities. - The study under this paragraph shall be undertaken

in coordination with the study authorized under section 603 of

the Omnibus Parks and Public Lands Management Act of 1996 (16

U.S.C. 1a-5 note; 110 Stat. 4172) and the Chesapeake Bay Gateways

and Watertrails Network authorized under the Chesapeake Bay

Initiative Act of 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such

coordination shall extend to any research needed to complete the

studies and any findings and implementation actions that result

from the studies and shall use available resources to the

greatest extent possible to avoid unnecessary duplication of

effort.

(D) Deadline for study. - Not later that (FOOTNOTE 3) 2 years

after funds are made available for the study under this

paragraph, the study shall be completed and transmitted with

final recommendations to the Committee on Resources in the House

of Representatives and the Committee on Energy and Natural

Resources in the Senate.

(FOOTNOTE 3) So in original. Probably should be ''than''.

( ) (FOOTNOTE 4) The Long Walk Trail, a series of routes which

the Navajo and Mescalero Apache Indian tribes were forced to walk

beginning in the fall of 1863 as a result of their removal by the

United States Government from their ancestral lands, generally

located within a corridor extending through portions of Canyon de

Chelley, Arizona, and Albuquerque, Canyon Blanco, Anton Chico,

Canyon Piedra Pintado, and Fort Sumner, New Mexico.

(FOOTNOTE 4) So in original. This par. added without

identifying number.

( ) (FOOTNOTE 4) Metacomet-Monadnock-Mattabesett Trail. - The

Metacomet-Monadnock-Mattabesett Trail, a system of trails and

potential trails extending southward approximately 180 miles

through western Massachusetts on the Metacomet-Monadnock Trail,

across central Connecticut on the Metacomet Trail and the

Mattabesett Trail, and ending at Long Island Sound.

(d) Trail advisory councils; establishment and termination; term

and compensation; membership; chairman

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 November 10, 1978, 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. establishment, (FOOTNOTE 5)

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:

(FOOTNOTE 5) So in original. The words ''its establishment.

establishment,'' probably should be ''its establishment,''.

(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) Comprehensive national scenic trail plan; consultation;

submission to Congressional committees

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 November 10, 1978, 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 subsection (d) of this section, and the

Appalachian Trail Conference in the case of the Appalachian Trail,

submit to the Committee on Natural Resources 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 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) Comprehensive national historic trail plan; consultation;

submission to Congressional committees

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 subsection (d) of

this section, submit to the Committee on Natural Resources 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;

(2) the process to be followed by the appropriate Secretary to

implement the marking requirements established in section 1246(c)

of this title;

(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.

-SOURCE-

(Pub. L. 90-543, Sec. 5, Oct. 2, 1968, 82 Stat. 920; Pub. L.

94-527, Oct. 17, 1976, 90 Stat. 2481; Pub. L. 95-248, Sec. 1(1),

(2), Mar. 21, 1978, 92 Stat. 159; Pub. L. 95-625, title V, Sec. 551

(7)-(15), Nov. 10, 1978, 92 Stat. 3512-3515; Pub. L. 96-87, title

IV, Sec. 401(m)(1), Oct. 12, 1979, 93 Stat. 666; Pub. L. 96-199,

title I, Sec. 101(b)(1)-(3), Mar. 5, 1980, 94 Stat. 67, 68; Pub. L.

96-344, Sec. 14, Sept. 8, 1980, 94 Stat. 1136; Pub. L. 96-370, Sec.

1(a), Oct. 3, 1980, 94 Stat. 1360; Pub. L. 98-11, title II, Sec.

205, Mar. 28, 1983, 97 Stat. 43; Pub. L. 98-405, Sec. 1, Aug. 28,

1984, 98 Stat. 1483; Pub. L. 99-445, Sec. 1, Oct. 6, 1986, 100

Stat. 1122; Pub. L. 100-35, Sec. 1(a), May 8, 1987, 101 Stat. 302;

Pub. L. 100-187, Sec. 3, Dec. 11, 1987, 101 Stat. 1287; Pub. L.

100-192, Sec. 1, Dec. 16, 1987, 101 Stat. 1309; Pub. L. 100-470,

Sec. 4, Oct. 4, 1988, 102 Stat. 2283; Pub. L. 100-559, title II,

Sec. 203, Oct. 28, 1988, 102 Stat. 2797; Pub. L. 101-321, Sec. 3,

July 3, 1990, 104 Stat. 293; Pub. L. 101-365, Sec. 2(a), Aug. 15,

1990, 104 Stat. 429; Pub. L. 102-328, Sec. 1, Aug. 3, 1992, 106

Stat. 845; Pub. L. 102-461, Oct. 23, 1992, 106 Stat. 2273; Pub. L.

103-144, Sec. 3, Nov. 17, 1993, 107 Stat. 1494; Pub. L. 103-145,

Sec. 3, Nov. 17, 1993, 107 Stat. 1497; Pub. L. 103-437, Sec.

6(d)(38), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 104-333, div. I,

title IV, Sec. 402, 403, title V, Sec. 501, Nov. 12, 1996, 110

Stat. 4148, 4153; Pub. L. 106-135, Sec. 3, Dec. 7, 1999, 113 Stat.

1686; Pub. L. 106-307, Sec. 3, Oct. 13, 2000, 114 Stat. 1075; Pub.

L. 106-509, Sec. 3, Nov. 13, 2000, 114 Stat. 2361; Pub. L. 106-510,

Sec. 3(a)(2), Nov. 13, 2000, 114 Stat. 2363; Pub. L. 107-214, Sec.

3, Aug. 21, 2002, 116 Stat. 1053; Pub. L. 107-325, Sec. 2, Dec. 4,

2002, 116 Stat. 2790; Pub. L. 107-338, Sec. 2, Dec. 16, 2002, 116

Stat. 2886.)

-REFTEXT-

REFERENCES IN TEXT

The Historic Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461),

referred to in subsec. (b)(3), which is also known as the Historic

Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch.

593, 49 Stat. 666, as amended, which is classified to sections 461

to 467 of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 461 of this

title and Tables.

Section 603 of the Omnibus Parks and Public Lands Management Act

of 1996, referred to in subsec. (c)(40)(C), is section 603 of Pub.

L. 104-333, which is classified as a note under section 1a-5 of

this title.

The Chesapeake Bay Initiative Act of 1998, referred to in subsec.

(c)(40)(C), is title V of Pub. L. 105-312, Oct. 30, 1998, 112 Stat.

2961, which is classified as a note under section 461 of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(21) to (23). Pub. L. 107-325 redesignated par.

(21) relating to the Ala Kahakai National Historic Trail as par.

(22) and added par. (23).

Subsec. (c). Pub. L. 107-338 added unnumbered par. relating to

the Metacomet-Monadnock-Mattabesett Trail.

Pub. L. 107-214 added unnumbered par. relating to the Long Walk

Trail.

2000 - Subsec. (a)(18) to (20). Pub. L. 106-307, Sec. 3(1), and

Pub. L. 106-509, Sec. 3(1), made identical amendments, designating

unnumbered pars. relating to California National Historic Trail,

Pony Express National Historic Trail, and Selma to Montgomery

National Historic Trail as pars. (18) to (20), respectively.

Subsec. (a)(21). Pub. L. 106-509, Sec. 3(2), added par. (21)

relating to Ala Kahakai National Historic Trail.

Pub. L. 106-307, Sec. 3(2), added par. (21) relating to El Camino

Real de Tierra Adentro.

Subsec. (a)(21)(A). Pub. L. 106-510 substituted ''Hawaii

Volcanoes National Park'' for ''Hawaii Volcanoes National Park'' in

subpar. (A) of par. (21) relating to Ala Kahakai National Historic

Trail.

Subsec. (c)(35). Pub. L. 106-510 substituted ''Hawaii Volcanoes

National Park'' for ''Hawaii Volcanoes National Park''.

1999 - Subsec. (c)(36), (37). Pub. L. 106-135, Sec. 3(1),

redesignated par. (36) relating to El Camino Real Para Los Texas as

(37) and substituted ''determine'' for ''detemine'' in subpar. (C).

Subsec. (c)(38) to (40). Pub. L. 106-135 designated unnumbered

par. relating to the Old Spanish Trail as par. (38) and unnumbered

par. relating to the Great Western Scenic Trail as par. (39) and

added par. (40).

1996 - Subsec. (a). Pub. L. 104-333, Sec. 501, added unnumbered

par. relating to Selma to Montgomery National Historic Trail.

Subsec. (c). Pub. L. 104-333, Sec. 402, 403, added unnumbered

pars. relating to Old Spanish Trail and Great Western Scenic Trail.

1994 - Subsecs. (e), (f). Pub. L. 103-437 in introductory

provisions substituted ''Natural Resources'' for ''Interior and

Insular Affairs'' after ''Committee on''.

1993 - Subsec. (c)(36). Pub. L. 103-145 added par. (36) relating

to El Camino Real Para Los Texas.

Pub. L. 103-144 added par. (36) relating to El Camino Real de

Tierra Adentro.

1992 - Subsec. (a). Pub. L. 102-328 added unnumbered pars.

relating to California National Historic Trail and Pony Express

National Historic Trail.

Subsec. (c)(34), (35). Pub. L. 102-461 added pars. (34) and (35).

1990 - Subsec. (a)(17). Pub. L. 101-365 added par. (17).

Subsec. (c)(33). Pub. L. 101-321 added par. (33).

1988 - Subsec. (c)(32). Pub. L. 100-559 added par. (32).

Subsec. (d). Pub. L. 100-470 inserted ''establishment, except

that the Advisory Council established for the Iditarod Historic

Trail shall expire twenty years from the date of its

establishment.'' after ''its establishment.'' at end of first

sentence.

1987 - Subsec. (a)(15). Pub. L. 100-35 added par. (15).

Subsec. (a)(16). Pub. L. 100-192 added par. (16).

Subsec. (c)(31). Pub. L. 100-187 added par. (31).

1986 - Subsec. (a)(14). Pub. L. 99-445 added par. (14).

1984 - Subsec. (c)(30). Pub. L. 98-405 added par. (30).

1983 - Subsec. (a)(11) to (13). Pub. L. 98-11, Sec. 205(a), added

pars. (11) to (13).

Subsec. (b). Pub. L. 98-11, Sec. 205(b)(1), inserted sentence in

provisions preceding par. (1) requiring that the feasibility of

designating a trail 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.

Subsec. (b)(3). Pub. L. 98-11, Sec. 205(b)(2), substituted ''16

U.S.C. 461'' for ''U.S.C. 461''.

Subsec. (b)(11)(B). Pub. L. 98-11, Sec. 205(b)(3), inserted

''exploration,'' after ''commerce,'' in first sentence.

Subsec. (c)(9). Pub. L. 98-11, Sec. 205(c)(1), substituted

''Santa Fe, New Mexico'' for ''Sante Fe, New Mexico''.

Subsec. (c)(24) to (29). Pub. L. 98-11, Sec. 205(c)(2), added

pars. (24) to (29).

Subsec. (d). Pub. L. 98-11, Sec. 205(d)(1), in provisions

preceding par. (1), inserted requirement that the Secretary advise

the appropriate committees in the Congress if the Secretary is

unable to establish an advisory council because of the lack of

adequate public interest.

Subsec. (d)(1) to (4). Pub. L. 98-11, Sec. 205(d)(2),

redesignated pars. (i) to (iv) as (1) to (4), respectively, and in

par. (1) as so redesignated substituted ''the head of each Federal

department or independent agency administering lands through which

the trail route passes, or his designee'' for ''a member appointed

to represent each Federal department or independent agency

administering lands through which the trail route passes, and each

appointee shall be the person designated by the head of such

department or agency''.

Subsec. (f)(1). Pub. L. 98-11, Sec. 205(e)(1), (2), substituted

''national historic trails'' for ''national recreational trails''.

Subsec. (f)(3), (4). Pub. L. 98-11, Sec. 205(e)(3), added pars.

(3) and (4).

1980 - Subsec. (a)(8). Pub. L. 96-199, Sec. 101(b)(1), added par.

(8).

Subsec. (a)(9). Pub. L. 96-344 added par. (9).

Subsec. (a)(10). Pub. L. 96-370 added par. (10).

Subsecs. (e), (f). Pub. L. 96-199, Sec. 101(b)(2), (3), inserted

reference to the North Country National Scenic Trail.

1979 - Subsec. (c)(23). Pub. L. 96-87 substituted ''(23)'' for

''(20)'' as the number designation of the paragraph relating to the

Overmountain Victory Trail added in 1978 by section 551(13) of Pub.

L. 95-625.

1978 - Subsec. (a). Pub. L. 95-625, Sec. 551(7), substituted, in

provision preceding par. (1), ''scenic and national historic'' for

''scenic'' and ''the following National Scenic and National

Historic Trails'' for ''as the initial National Scenic Trails''.

Subsec. (a)(1). Pub. L. 95-625, Sec. 551(8), substituted

''Appalachian National Scenic Trail'' for ''Appalachian Trail''.

Subsec. (a)(2). Pub. L. 95-625, Sec. 551(8), substituted

''Pacific Crest National Scenic Trail'' for ''Pacific Crest

Trail''.

Subsec. (a)(3). Pub. L. 95-625, Sec. 551(9), substituted

provisions establishing the Oregon National Historic Trail as a

National Scenic and National Historic Trail for provisions

requiring the establishment, by the Secretary of the Interior

within 60 days after Mar. 21, 1978, of an Advisory Council for the

Appalachian National Scenic Trail, which council was to terminate

120 months after Mar. 21, 1978.

Pub. L. 95-248, Sec. 1(1), substituted provisions requiring

establishment by the Secretary of the Interior within 60 days of

Mar. 21, 1978, of an Advisory Council for the Appalachian National

Scenic Trail, which shall terminate within 120 months of Mar. 21,

1978, and provisions relating to functions, membership, etc., of

such Council, for provisions requiring establishment by the

Secretary of the Interior of an advisory council for the

Appalachian National Scenic Trail and by the Secretary of

Agriculture of an advisory council for the Pacific Crest National

Scenic Trail, and provisions relating to functions, membership,

etc., of the councils.

Subsec. (a)(4) to (7). Pub. L. 95-625, Sec. 551(9), added pars.

(4) to (7).

Subsec. (b). Pub. L. 95-625, Sec. 551(10), substituted in

provision preceding par. (1) ''National scenic or national

historic'' for ''national scenic'', inserted ''through the agency

most likely to administer such trail,'' after ''Secretary of the

Interior,'', struck out third sentence ''When completed, such

studies shall be the basis of appropriate proposals for additional

national scenic trails which shall be submitted from time to time

to the President and to the Congress.''; and substituted ''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 November 10, 1978, whichever is later. Such

studies, when submitted, shall be printed as a House or Senate

document, and shall include, but not be limited to:'' for ''Such

proposals shall be accompanied by a report, which shall be printed

as a House or Senate document, showing among other things - ''.

Subsec. (b)(3). Pub. L. 95-625, Sec. 551(10), (11), substituted

''scenic or national historic'' for ''scenic'' and required in the

case of national historic trails the report to include the

recommendation of the Secretary of the Interior's National Park

System Advisory Board as to the national historical significance

based on the criteria developed under the Historic Sites Act of

1935.

Subsec. (b)(10), (11). Pub. L. 95-625, Sec. 551(12), added pars.

(10) and (11).

Subsec. (c)(23). Pub. L. 95-625, Sec. 551(13), added par. (23).

See 1979 Amendment note above.

Subsec. (d). Pub. L. 95-625, Sec. 551(14), added subsec. (d) and

repealed former subsec. (d) provisions for comprehensive plan for

the management, acquisition, development, and use of the

Appalachian Trail, submission to Congressional committees, and

scope of plan, now covered in subsec. (e) of this section.

Pub. L. 95-248, Sec. 1(2), added subsec. (d).

Subsecs. (e), (f). Pub. L. 95-625, Sec. 551(15), added subsecs.

(e) and (f).

1976 - Subsec. (c)(15) to (22). Pub. L. 94-527 added pars. (15)

to (22).

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC4-

TERMINATION OF ADVISORY COUNCILS

Advisory councils in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a council established by the President

or an officer of the Federal Government, such council is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a council established by the Congress, its

duration is otherwise provided for by law. See sections 3(2) and

14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in

the Appendix to Title 5, Government Organization and Employees.

EXPEDITED REPORT TO CONGRESS

Pub. L. 107-338, Sec. 3, Dec. 16, 2002, 116 Stat. 2886, provided

that: ''Notwithstanding the fourth sentence of section 5(b) of the

National Trails System Act (16 U.S.C. 1244(b)), the Secretary of

the Interior shall submit the study required by the amendment made

by section 2 (amending this section) to Congress not later than 2

years after the date of the enactment of this Act (Dec. 16,

2002).''

CALIFORNIA TRAIL INTERPRETIVE CENTER

Pub. L. 106-577, title I, Dec. 28, 2000, 114 Stat. 3068,

authorized the Secretary of the Interior, acting through the

Director of the Bureau of Land Management, to establish the

''California Trail Interpretive Center'' near Elko, Nevada, and

directed the Secretary to initiate a plan for the development of

the Center, to acquire land and interests in land for the

construction of the Center, to provide for local review of and

input concerning the development and operation of the Center by the

Advisory Board for the National Historic California Emigrant Trails

Interpretive Center of Elko, Nevada, to prepare a budget and

funding request periodically that would allow a Federal agency to

carry out the maintenance and operation of the Center, to enter

into cooperative agreements for snow removal, rescue, firefighting,

and law enforcement services, and for development and operation of

facilities and services, and to accept donations of funds,

property, or services to provide services and facilities, and

authorized appropriations.

NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER, WYOMING

Pub. L. 105-290, Oct. 27, 1998, 112 Stat. 2782, authorized

appropriations for the National Historic Trails Interpretive Center

in Casper, Wyoming, and authorized the Secretary of the Interior to

establish the Center, to construct and operate facilities, to

accept donations, and to charge an entrance fee.

SACRAMENTO TO SAN FRANCISCO MAIL ROUTE; FEASIBILITY STUDY FOR

INCLUSION IN PONY EXPRESS NATIONAL HISTORIC TRAIL

Section 2 of Pub. L. 102-328, as amended by Pub. L. 103-437, Sec.

6(d)(39), Nov. 2, 1994, 108 Stat. 4585, provided that: ''The

Secretary of the Interior (hereinafter referred to as the

Secretary) shall undertake a study of the land and water route used

to carry mail from Sacramento to San Francisco, California, to

determine the feasibility and suitability of designation of such

route as a component of the Pony Express National Historic Trail

designated by section 1 of this Act (amending this section). Upon

completion of the study, if the Secretary determines such route is

a feasible and suitable addition to the Pony Express National

Historic Trail, the Secretary shall designate the route as a

component of the Pony Express National Historic Trail. The

Secretary shall publish notice of such designation in the Federal

Register and shall submit the study along with his findings to the

Committee on Natural Resources (now Committee on Resources) of the

United States House of Representatives and the Committee on Energy

and Natural Resources of the United States Senate.''

DE SOTO EXPEDITION TRAIL COMMISSION

Pub. L. 101-607, Nov. 16, 1990, 104 Stat. 3105, established for 4

years in the Department of the Interior the De Soto Expedition

Trail Commission, the purpose of which is to encourage and direct

research, and to coordinate the distribution of interpretive

materials to the public, regarding the De Soto expedition, the

native societies the expedition encountered, and the effects of

that contact, provided for the functions, staff, and powers of the

Commission, and authorized research, technical assistance, and

appropriations.

AUTHORIZATION FOR DEVELOPMENT OF TRAILS INTERPRETATION CENTER IN

IOWA

Pub. L. 101-191, Nov. 29, 1989, 103 Stat. 1697, authorized

Secretary of the Interior to provide for development of a trails

interpretation center in city of Council Bluffs, Iowa, set forth

provisions relating to Congressional findings and purposes, plan

and design of the center and implementation thereof, agreement for

operation and maintenance of the center, cooperative agreements for

technical assistance, and extinguishment of any restrictions,

covenants, reversions, limitations, or any other conditions imposed

by the Economic Development Administration upon acceptance of

donated land by Secretary, and authorized appropriations of not

more than $8,400,000 to carry out the Act.

SOUTHWESTERN PENNSYLVANIA INDUSTRIAL HERITAGE ROUTE

Pub. L. 100-698, title II, Sec. 201-203, Nov. 19, 1988, 102 Stat.

4622, authorized Secretary of the Interior to designate, and

authorized appropriations for, a vehicular tour route to provide

for public appreciation, education, understanding, and enjoyment of

certain nationally and regionally significant sites in southwestern

Pennsylvania.

LEWIS AND CLARK NATIONAL HISTORIC TRAIL INTERPRETIVE CENTER,

MONTANA

Pub. L. 100-552, Sec. 1-4, Oct. 28, 1988, 102 Stat. 2766, 2768,

authorized Secretary of Agriculture to establish Lewis and Clark

National Historic Trail Interpretive Center on certain lands in

Montana, required the Secretary to administer the Center and to

prepare a plan for development and interpretation of the Center,

authorized Secretary to accept donations, enter into cooperative

agreements for various services such as rescue, firefighting, law

enforcement, and development and operation of facilities,

authorized Secretary to enter into agreements to provide

educational and interpretive materials to the public, and

authorized appropriations to carry out the Act and for construction

of Center and associated structures and improvements.

NEW JERSEY COASTAL HERITAGE TRAIL ROUTE

Pub. L. 100-515, Oct. 20, 1988, 102 Stat. 2563, as amended by

Pub. L. 103-243, May 4, 1994, 108 Stat. 613; Pub. L. 106-18, Sec.

1, Apr. 8, 1999, 113 Stat. 28, authorized Secretary of the

Interior, acting through Director of National Park Service, with

concurrence of agency having jurisdiction over such roads, to

designate a vehicular tour route along existing public roads

linking certain nationally significant natural and cultural sites

associated with coastal area of State of New Jersey, to be known as

New Jersey Coastal Heritage Trail Route; provided for location and

additional segments of Route; directed Secretary of the Interior to

prepare a comprehensive inventory of sites along Route and a

general plan; provided for informational material for public

appreciation of sites along Route; provided that Route be marked

with appropriate markers; authorized appropriations to carry out

the Act; authorized additional appropriation of $4,000,000 for

technical assistance and design and fabrication of interpretive

materials, devices and signs; prohibited use of additional

appropriation for operation, maintenance, repair or construction

except for construction of interpretive exhibits; limited Federal

share of projects carried out with additional appropriation to 50

percent; required non-Federal matching funds in form of cash,

materials, or in-kind services; and provided for termination of

authority under this Act 10 years after May 4, 1994.

LAUREL HIGHLANDS NATIONAL RECREATIONAL TRAIL DESIGNATED AS PART OF

POTOMAC HERITAGE TRAIL

Pub. L. 99-500, Sec. 101(h) (title I, Sec. 113), Oct. 18, 1986,

100 Stat. 1783-242, 1783-262, and Pub. L. 99-591, Sec. 101(h)

(title I, Sec. 113), Oct. 30, 1986, 100 Stat. 3341-242, 3341-262,

provided that: ''The Secretary of the Interior is directed to

designate the Laurel Highlands National Recreational Trail, as

designated by the Secretary of the Interior pursuant to section 4

of the National Trails System Act (16 U.S.C. 1243), as part of the

Potomac Heritage Trail, as requested by the State of Pennsylvania

in its April 1984 application, subject to the provisions of

paragraph (11) of section 5(a) of the National Trails System Act,

as amended (16 U.S.C. 1244(a)(11)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1242, 1246, 1249 of this

title; title 43 section 1634.

-CITE-

16 USC Sec. 1245 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1245. Connecting or side trails; establishment, designation,

and marking as components of national trails system; location

-STATUTE-

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 landowner. Applications for approval and

designation of connecting and side trails on non-Federal lands

shall be submitted to the appropriate Secretary.

-SOURCE-

(Pub. L. 90-543, Sec. 6, Oct. 2, 1968, 82 Stat. 922; Pub. L.

95-625, title V, Sec. 551(16), Nov. 10, 1978, 92 Stat. 3515; Pub.

L. 98-11, title II, Sec. 206, Mar. 28, 1983, 97 Stat. 45.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-11 substituted ''marked by the appropriate

Secretary as components'' for ''marked as components'' and '', or,

where the appropriate Secretary deems necessary or desirable, on

privately owned lands with the consent of the landowner.

Applications for approval and designation of connecting and side

trails on non-Federal lands shall be submitted to the appropriate

Secretary'' for '': Provided, That such trails provide additional

points of public access to national recreation, national scenic or

national historic trails''.

1978 - Pub. L. 95-625 substituted '', national scenic or national

historic'' for ''or national scenic,'' and '', national scenic, or

national historic'' for ''or scenic''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1242 of this title.

-CITE-

16 USC Sec. 1246 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1246. Administration and development of national trails system

-STATUTE-

(a) Consultation of Secretary with other agencies; transfer of

management responsibilities; selection of rights-of-way;

criteria for selection; notice; impact upon established uses

(1)(A) The Secretary charged with the overall administration of a

trail pursuant to section 1244(a) of this title shall, in

administering and managing the trail, consult with the heads of all

other affected State and Federal agencies. Nothing contained in

this chapter 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).

(B) The Secretary charged with the overall administration of any

trail pursuant to section 1244(a) of this title 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

chapter. 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 1244(a) of this title, the appropriate

Secretary shall select the rights-of-way for national scenic and

national historic trails and shall publish notice of the

availability of appropriate maps or descriptions in the Federal

Register: Provided, That in selecting the rights-of-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 that 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) Relocation of segment of national, scenic or historic, trail

right-of-way; determination of necessity with official having

jurisdiction; necessity for Act of Congress

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) Facilities on national, scenic or historic, trails; permissible

activities; use of motorized vehicles; trail markers;

establishment of uniform marker; placement of uniform markers;

trail interpretation sites

National scenic or national historic trails may contain

campsites, shelters, and related-public-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 chapter 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 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 the 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) Use and acquisition of lands within exterior boundaries of

areas included within right-of-way

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) Right-of-way lands outside exterior boundaries of federally

administered areas; cooperative agreements or acquisition;

failure to agree or acquire; agreement or acquisition by

Secretary concerned; right of first refusal for original owner

upon disposal

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 trail right-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) Exchange of property within the right-of-way by Secretary of

the Interior; property subject to exchange; equalization of

value of property; exchange of national forest lands by

Secretary of Agriculture; tracts lying outside trail

acquisition area

(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.

(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 chapter, 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

chapter. The proceeds from any disposal shall be credited to the

appropriation bearing the costs of land acquisition for the

affected trail.

(g) Condemnation proceedings to acquire private lands; limitations;

availability of funds for acquisition of lands or interests

therein; acquisition of high potential, route segments or

historic sites

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

interests 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 chapter. 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 303 of

title 49 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) Development and maintenance of national, scenic or historic,

trails; cooperation with States over portions located outside

of federally administered areas; cooperative agreements;

participation of volunteers; reservation of right-of-way for

trails in conveyances by Secretary of the Interior

(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 (16 U.S.C. 18g et seq.) and the Volunteers in the Forests

Act of 1972 (16 U.S.C. 558a et seq.)) 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

(B) the development and implementation by such entities of

provisions for land practices, compatible with the purposes of

this chapter,

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 chapter.

(i) Regulations; issuance; concurrence and consultation; revision;

publication; violations; penalties; utilization of national

park or national forest authorities

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

than $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) Types of trail use allowed

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 chapter or other Federal

laws, or any State or local laws.

(k) Donations or other conveyances of qualified real property

interests

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 title 26,

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.

-SOURCE-

(Pub. L. 90-543, Sec. 7, Oct. 2, 1968, 82 Stat. 922; Pub. L.

95-248, Sec. 1(3), (4), Mar. 21, 1978, 92 Stat. 160; Pub. L.

95-625, title V, Sec. 551(17)-(21), Nov. 10, 1978, 92 Stat. 3515,

3516; Pub. L. 96-87, title IV, Sec. 401(m)(2), (3), Oct. 12, 1979,

93 Stat. 666; Pub. L. 98-11, title II, Sec. 207, Mar. 28, 1983, 97

Stat. 45.)

-REFTEXT-

REFERENCES IN TEXT

The Volunteers in the Parks Act of 1969, referred to in subsec.

(h)(1), is Pub. L. 91-357, July 29, 1970, 84 Stat. 472, as amended,

which is classified generally to subchapter II (Sec. 18g et seq.)

of chapter 1 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 18g of

this title and Tables.

The Volunteers in the Forests Act of 1972, referred to in subsec.

(h)(1), probably means the Volunteers in the National Forests Act

of 1972, Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as amended,

which is classified generally to section 558a et seq. of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 558a of this title and

Tables.

The public land laws, referred to in subsec. (h)(2), are

classified generally to Title 43, Public Lands.

Section 6 of Public Law 96-541, referred to in subsec. (k), is

section 6 of Pub. L. 96-541, Dec. 17, 1980, 94 Stat. 3206, which

amended section 170 of Title 26, Internal Revenue Code, and enacted

and amended provisions set out as notes under section 170 of Title

26.

-COD-

CODIFICATION

In subsec. (g), ''section 303 of title 49'' substituted for

''section 4(f) of the Department of Transportation Act (49 U.S.C.

1653(f))'' on authority of Pub. L. 97-449, Sec. 6(b), Jan. 12,

1983, 96 Stat. 2443, the first section of which enacted subtitle I

(Sec. 101 et seq.) of Title 49, Transportation.

-MISC3-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 98-11, Sec. 207(a), designated

existing provisions as par. (2), added par. (1), and in par. (2)

substituted ''shall publish notice of the availability of

appropriate maps or descriptions in the Federal Register'' for

''shall publish notice thereof in the Federal Register, together

with appropriate maps and descriptions''.

Subsec. (b). Pub. L. 98-11, Sec. 207(b), inserted ''of the

availability of appropriate maps or descriptions'' after ''After

publication of notice'', and struck out ''together with appropriate

maps and descriptions,'' after ''Federal Register,''.

Subsec. (c). Pub. L. 98-11, Sec. 207(c), inserted provision that

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, and that, whenever possible,

the sites be maintained by a State agency under a cooperative

agreement between the appropriate Secretary and the State agency.

Subsec. (e). Pub. L. 98-11, Sec. 207(d), in first sentence,

substituted ''subsection (f) of this section'' for ''subsection (g)

of this section'', and inserted a further proviso authorizing the

appropriate Secretary to acquire lands or interests therein from

local governments or governmental corporations with the consent of

such entities.

Subsec. (f). Pub. L. 98-11, Sec. 207(e), designated existing

provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 98-11, Sec. 207(f), substituted ''Except for

designated protected components of the trail, no land or site

located'' for ''No land or site located'' in last sentence.

Subsec. (h). Pub. L. 98-11, Sec. 207(g), designated the first of

two sentences of existing provisions as par. (1) and the last

sentence as par. (2); and in par. (1), as so designated,

substituted ''and maintain any portion of such a trail either

within'' for ''and maintain any portion of a national scenic or

national historic trail either within'' and inserted third, fourth,

and fifth sentences making provision for the inclusion in written

cooperative agreements provisions for limited financial assistance

to encourage participation in acquisition, protection, operation,

development, or maintenance of trails and for volunteer in the park

or volunteer in the forest status, for the initiation of

consultations with affected States and their political

subdivisions, and for the giving of assistance after consultation

under appropriate cooperative agreements.

Subsec. (i). Pub. L. 98-11, Sec. 207(h), added direction that the

Secretary responsible for the administration of any segment of any

component of the National Trails System also utilize authorities

related to units of the national park system or the national forest

system in carrying out his administrative responsibilities for such

component.

Subsecs. (j), (k). Pub. L. 98-11, Sec. 207(i), added subsecs. (j)

and (k).

1979 - Subsecs. (c), (g). Pub. L. 96-87 made technical amendments

to section 551(18) and (21) of Pub. L. 95-625 the net result of

which expanded the provisions which had been added to subsecs. (c)

and (g) of this section in 1978 by section 551(18) and (21) of Pub.

L. 95-625. See 1978 Amendments note below.

1978 - Subsec. (a). Pub. L. 95-625, Sec. 551(17), substituted

''national scenic and national historic trails'' for ''National

Scenic Trails'' in first sentence.

Subsec. (b). Pub. L. 95-625, Sec. 551(17), substituted ''scenic

or national historic'' for ''scenic'' in two places.

Subsec. (c). Pub. L. 95-625, Sec. 551(17), (18), as amended Pub.

L. 96-87, Sec. 401(m)(2), substituted in first sentence ''scenic or

national historic'' for ''scenic'', in second proviso ''recreation,

national scenic, or national historic'' for ''recreation or

scenic'' and in fifth sentence ''recreation, national scenic, and

national historic'' for ''recreation and scenic'', and inserted

following fourth sentence provisions relating to trail markers and

provisions requiring the Secretary to allow other uses along the

historic trails and the Continental Divide National Scenic Trail

which will not substantially interfere with the nature and purposes

of the trail and which, at the time of designation, were allowed by

administrative regulation, including the use of motor vehicles.

Subsec. (d). Pub. L. 95-625, Sec. 551(17), substituted

''recreation, national scenic, or national historic'' for

''recreation or scenic''.

Pub. L. 95-248, Sec. 1(3), struck out proviso relating to acreage

limitation of acquisition.

Subsec. (e). Pub. L. 95-625, Sec. 551(17), (19), inserted ''or

national historic'' after ''scenic'' in two places and struck out

from first proviso ''within two years'' before ''after notice of

the selection of the right-of-way''.

Subsec. (g). Pub. L. 95-625, Sec. 551(20), (21), as amended Pub.

L. 96-87, Sec. 401(m)(3), struck out second proviso '': Provided

further, That condemnation is prohibited with respect to all

acquisition of lands or interest in lands for the purposes of the

Pacific Crest Trail'' after ''connecting trail right-of-way'' and

inserted provisions that direct Federal acquisition for trail

purposes be limited to high potential route segments or high

potential historic sites and that no land or site located along a

designated national historic trail or along the Continental Divide

Scenic Trail be subject to the provisions of section 1653(f) of

title 49 unless that land be deemed to be of historical

significance under appropriate historical site criteria such as

those for the National Register of Historic Places.

Pub. L. 95-248, Sec. 1(4), substituted ''an average of one

hundred and twenty-five acres per mile'' for ''twenty-five acres in

any one mile'', and struck out limitation on exercise of authority

with respect to a connecting trail right-of-way.

Subsec. (h). Pub. L. 95-625, Sec. 551(17), substituted

''recreation, national scenic, or national historic'' for

''recreation or scenic'' in first sentence, and inserted ''or

national historic'' after ''scenic'' in second sentence.

Subsec. (i). Pub. L. 95-625, Sec. 551(17), substituted

''recreation, national scenic, or national historic'' for

''recreation or scenic''.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with system

activities requiring coordination and approval under this chapter

and such functions of Secretary or other official in Department of

Agriculture, insofar as they involve lands and programs under

jurisdiction of that Department, related to compliance with this

chapter with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas transferred to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(e),

(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective

July 1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1244, 1249 of this title.

-CITE-

16 USC Sec. 1247 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1247. State and local area recreation and historic trails

-STATUTE-

(a) Secretary of the Interior to encourage States, political

subdivisions, and private interests; financial assistance for

State and local projects

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 (16

U.S.C. 460l-4 et seq.), 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 (16 U.S.C. 470

et seq.), 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) (16 U.S.C. 460l

et seq.), to encourage States, political subdivisions, and private

interests, including nonprofit organizations, to establish such

trails.

(b) Secretary of Housing and Urban Development to encourage

metropolitan and other urban areas; administrative and

financial assistance in connection with recreation and

transportation planning; administration of urban open-space

program

The Secretary of Housing and Urban Development is directed, in

administering the program of comprehensive urban planning and

assistance under section 701 (FOOTNOTE 1) 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 (42 U.S.C. 1500 et seq.), to encourage such recreation trails.

(FOOTNOTE 1) See References in Text note below.

(c) Secretary of Agriculture to encourage States, local agencies,

and private interests

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) Interim use of railroad rights-of-way

The Secretary of Transportation, the Chairman of the Surface

Transportation Board, and the Secretary of the Interior, in

administering the Railroad Revitalization and Regulatory Reform Act

of 1976 (45 U.S.C. 801 et seq.), 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 this chapter, 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 Board shall impose such terms and

conditions as a requirement of any transfer or conveyance for

interim use in a manner consistent with this chapter, and shall not

permit abandonment or discontinuance inconsistent or disruptive of

such use.

(e) Designation and marking of trails; approval of Secretary of the

Interior

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.

-SOURCE-

(Pub. L. 90-543, Sec. 8, Oct. 2, 1968, 82 Stat. 925; Pub. L.

95-625, title V, Sec. 551(22), Nov. 10, 1978, 92 Stat. 3516; Pub.

L. 98-11, title II, Sec. 208, Mar. 28, 1983, 97 Stat. 48; Pub. L.

104-88, title III, Sec. 317(1), Dec. 29, 1995, 109 Stat. 949.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act, referred to in subsec.

(a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,

which is classified generally to part B (Sec. 460l-4 et seq.) of

subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

Act of October 15, 1966, referred to in subsec. (a), is Pub. L.

89-665, as amended, popularly known as the ''National Historic

Preservation Act'' which is classified generally to subchapter II

(Sec. 470 et seq.) of chapter 1A of this title. For complete

classification of this Act to the Code, see section 470 of this

title and Tables.

Act of May 28, 1963, referred to in subsec. (a), is Pub. L.

88-29, May 28, 1963, 77 Stat. 49, as amended, which is classified

generally to part A (Sec. 460l et seq.) of subchapter LXIX of

chapter 1 of this title. For complete classification of this Act

to the Code, see Tables.

Section 701 of the Housing Act of 1954, referred to in subsec.

(b), was classified to section 461 of former Title 40, Public

Buildings, Property, and Works, prior to repeal by Pub. L. 97-35,

title III, Sec. 313(b), Aug. 13, 1981, 95 Stat. 398.

The Housing Act of 1961, referred to in subsec. (b), is Pub. L.

87-70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the

Housing Act of 1961 was classified generally to chapter 8C (Sec.

1500 et seq.) of Title 42, The Public Health and Welfare, and was

omitted from the Code pursuant to section 5316 of Title 42 which

terminated authority to make grants or loans under such title VII

after Jan. 1, 1975. For complete classification of this Act to the

Code, see Short Title note set out under section 1701 of Title 12,

Banks and Banking, and Tables.

The Railroad Revitalization and Regulatory Reform Act of 1976,

referred to in subsec. (d), is Pub. L. 94-210, Feb. 5, 1976, 90

Stat. 31, as amended. For complete classification of this Act to

the Code, see Short Title note set out under section 801 of Title

45, Railroads, and Tables.

-MISC2-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-88 substituted ''Chairman of the

Surface Transportation Board'' for ''Chairman of the Interstate

Commerce Commission'' and ''the Board'' for ''the Commission''.

1983 - Subsecs. (d), (e). Pub. L. 98-11, Sec. 208(2), added

subsec. (d) and redesignated former subsec. (d) as (e).

1978 - Subsec. (a). Pub. L. 95-625 inserted ''and historic''

after ''establishing park, forest, and other recreation'' and

''administered by States, and recreation'', and directed the

Secretary to encourage States to consider in their plans and

proposals the needs and opportunities for establishing historic

trails.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-CITE-

16 USC Sec. 1248 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1248. Easements and rights-of-way

-STATUTE-

(a) Authorization; conditions

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 chapter.

(b) Cooperation of Federal agencies with Secretary of the Interior

and Secretary of Agriculture

The Department of Defense, the Department of Transportation, the

Surface Transportation Board, the Federal Communications

Commission, the Secretary of Energy, 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) Abandoned railroad grants; retention of rights

Commencing October 4, 1988, any and all right, title, interest,

and estate of the United States in all rights-of-way of the type

described in section 912 of title 43, 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 section.

(d) Location, incorporation, and management

(1) All rights-of-way, or portions thereof, retained by the

United States pursuant to subsection (c) of this section 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 chapter.

(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 (43 U.S.C. 1701 et seq.) 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) Release and quitclaim; conditions; sale; proceeds

(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) of

this section, 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.

(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) of this section 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 (43 U.S.C. 1713), 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 460l-5

of this title.

(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) ''Conservation system unit'' and ''public lands'' defined

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 (43

U.S.C. 1701 et seq.).

-SOURCE-

(Pub. L. 90-543, Sec. 9, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95-91,

title III, Sec. 301(b), Aug. 4, 1977, 91 Stat. 578; Pub. L.

100-470, Sec. 3, Oct. 4, 1988, 102 Stat. 2281; Pub. L. 104-88,

title III, Sec. 317(2), Dec. 29, 1995, 109 Stat. 949.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Land Policy and Management Act of 1976, referred to

in subsecs. (d)(2) and (f)(2), is Pub. L. 94-579, Oct. 21, 1976, 90

Stat. 2743, as amended, which is classified principally to chapter

35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 43 and Tables.

The Alaska National Interest Lands Conservation Act, referred to

in subsec. (f)(1), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371,

as amended. For complete classification of this Act to the Code,

see Short Title note set out under section 3101 of this title and

Tables.

-MISC2-

AMENDMENTS

1995 - Subsec. (b). Pub. L. 104-88 substituted ''Surface

Transportation Board'' for ''Interstate Commerce Commission''.

1988 - Subsecs. (c) to (f). Pub. L. 100-470 added subsecs. (c) to

(f).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with system

activities requiring coordination and approval under this chapter

and such functions of Secretary or other official in Department of

Agriculture, insofar as they involve lands and programs under

jurisdiction of that Department, related to compliance with this

chapter with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas transferred to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(e),

(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective

July 1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

''Secretary of Energy'' substituted for ''Federal Power

Commission'' in subsec. (b) pursuant to Pub. L. 95-91, Sec. 301(b),

which is classified to section 7151(b) of Title 42, The Public

Health and Welfare.

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions which were transferred to Federal Energy

Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291,

and 7293 of Title 42.

-MISC5-

ABANDONED RAILROAD GRANTS; CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 100-470 provided that: ''Congress hereby

finds that -

''(1) State and local governments have a special role to play

under the National Trails System Act (16 U.S.C. 1241 et seq.) in

acquiring and developing trails for recreation and conservation

purposes.

''(2) Many miles of public land rights-of-way have been granted

to the railroads by the United States, and much of this mileage

could be suitable for trail use at such time as it may be

abandoned.

''(3) The United States should retain any residual interest it

may have in such public land rights-of-way and relinquish it,

where appropriate, in favor of State and local governments or

other nonprofit entities for trail purposes.''

CONDEMNATION

Section 5 of Pub. L. 100-470 provided that:

''(a) Nothing in this Act (amending this section and section 1244

of this title and enacting provisions set out as notes under this

section and section 1241 of this title) shall be construed as

authorizing the Secretary of the Interior to use condemnation

proceedings to retain or acquire all or any portion of a

right-of-way described in this Act.

''(b) Nothing in this Act shall be construed to expand or

diminish existing condemnation authorities contained in the

National Trails System Act, as amended (16 U.S.C. 1241 et seq.).''

-CITE-

16 USC Sec. 1249 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1249. Authorization of appropriations

-STATUTE-

(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

(78 Stat. 897), as amended (16 U.S.C. 460l-4 et seq.), 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 chapter: 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 March 21, 1978.

(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 (16 U.S.C. 460l-7).

(c)(1) There is hereby authorized to be appropriated such sums as

may be necessary to implement the provisions of this chapter

relating to the trails designated by section 1244(a)(3), (4), (5),

(6), (7), (8), (9), and (10) of this title: Provided, That no such

funds are authorized to be appropriated prior to October 1, 1978:

And provided further, That notwithstanding any other provisions of

this chapter or any other provisions of law, no funds may be

expended by Federal agencies for the acquisition of lands or

interests in lands outside the exterior boundaries of existing

Federal areas for the Continental Divide National Scenic Trail, the

North Country National Scenic Trail, The (FOOTNOTE 1) Ice Age

National Scenic Trail, the Oregon National Historic Trail, the

Mormon Pioneer National Historic Trail, the Lewis and Clark

National Historic Trail, and the Iditarod National Historic Trail,

except that funds may be expended for the acquisition of lands or

interests therein for the purpose of providing for one trail

interpretation site, as described in section 1246(c) of this title,

along with such trail in each State crossed by the trail.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(2) Except as otherwise provided in this chapter, there is

authorized to be appropriated such sums as may be necessary to

implement the provisions of this chapter relating to the trails

designated by section 1244(a) of this title. Not more than

$500,000 may be appropriated for the purposes of acquisition of

land and interests therein for the trail designated by section

1244(a)(12) of this title, and not more than $2,000,000 may be

appropriated for the purposes of the development of such trail.

The administering agency for the trail shall encourage volunteer

trail groups to participate in the development of the trail.

-SOURCE-

(Pub. L. 90-543, Sec. 10, Oct. 2, 1968, 82 Stat. 926; Pub. L.

95-248, Sec. 1(5), Mar. 21, 1978, 92 Stat. 160; Pub. L. 95-625,

title V, Sec. 551(23), Nov. 10, 1978, 92 Stat. 3517; Pub. L.

96-199, title I, Sec. 101(b)(4), Mar. 5, 1980, 94 Stat. 68; Pub. L.

96-370, Sec. 1(b), Oct. 3, 1980, 94 Stat. 1360; Pub. L. 98-11,

title II, Sec. 209, Mar. 28, 1983, 97 Stat. 48; Pub. L. 100-35,

Sec. 1(b), May 8, 1987, 101 Stat. 302; Pub. L. 100-192, Sec. 2,

Dec. 16, 1987, 101 Stat. 1309; Pub. L. 101-365, Sec. 2(b), Aug. 15,

1990, 104 Stat. 429; Pub. L. 103-437, Sec. 6(d)(38), Nov. 2, 1994,

108 Stat. 4585; Pub. L. 104-333, div. I, title VIII, Sec.

814(d)(1)(J), Nov. 12, 1996, 110 Stat. 4196.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act (78 Stat. 897), as

amended, referred to in subsec. (a)(1), probably means the Land and

Water Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3, 1964,

78 Stat. 897, as amended, which is classified generally to part B

(Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 460l-4 of this title and

Tables.

Public Law 95-42 (91 Stat. 211), referred to in subsec. (b), is

Pub. L. 95-42, June 10, 1977, 91 Stat. 210, which, to the extent

classified to the Code, amended sections 460l-5, 460l-7, and 460l-9

of this title. Section 1, clause 2 of said Act amended section

460l-7 of this title. For complete classification of this Act to

the Code, see Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-333 struck out at end ''Until

the entire acquisition program is completed, he shall transmit in

writing at the close of each fiscal year the following information

to the Committee on Energy and Natural Resources of the Senate and

to the Committee on Natural Resources of the House of

Representatives:

''(A) the amount of land acquired during the fiscal year and

the amount expended therefor;

''(B) the estimated amount of land remaining to be acquired;

and

''(C) the amount of land planned for acquisition in the ensuing

fiscal year and the estimated cost thereof.''

1994 - Subsec. (a)(2). Pub. L. 103-437 in introductory provisions

substituted ''Natural Resources'' for ''Interior and Insular

Affairs'' after ''Committee on''.

1990 - Subsec. (c)(2). Pub. L. 101-365 amended first sentence

generally. Prior to amendment, first sentence read as follows:

''There is hereby authorized to be appropriated for fiscal year

1983 and subsequent fiscal years such sums as may be necessary to

implement the provisions of this chapter relating to the trails

designated by paragraphs (9), (10), (11), (12), (13), (15), and

(16) of section 1244(a) of this title.''

1987 - Subsec. (c)(2). Pub. L. 100-192 substituted '', (10),

(11), (12), (13), (15), and (16)'' for ''through (13) and (15)''.

Pub. L. 100-35 inserted ''and (15)'' after ''(13)''.

1983 - Subsec. (a)(1). Pub. L. 98-11, Sec. 209(1), (2), inserted

''(a)(1)'' before ''There are hereby authorized to be

appropriated'' at beginning of undesignated opening paragraph, and

substituted ''for the'' for ''(a) The'' before ''Appalachian

National Scenic Trail'' at beginning of former subsec. (a).

Subsec. (a)(2). Pub. L. 98-11, Sec. 209(3), (4), inserted ''(2)''

before sentence beginning ''It is the express intent of the

Congress'' and substituted ''protection of the Appalachian Trail''

for ''protection of the Trail''.

Subsec. (c). Pub. L. 98-11, Sec. 209(5), designated existing

provisions as par. (1), inserted provision that funds may be

expended for the acquisition of lands or interests therein for the

purpose of providing for one trail interpretation site, as

described in section 1246(c) of this title, and added par. (2).

1980 - Subsec. (c). Pub. L. 96-370 substituted ''(7), (8), (9),

and (10)'' for ''(7), and (8)'' and inserted reference to the Ice

Age National Scenic Trail.

Pub. L. 96-199 inserted references to the North Country National

Scenic Trail in two places, once by its full name and once by the

designation as the trail ''designated by'' section 1244(a)(8) of

this title, substituted ''appropriated prior to October 1, 1978''

for ''appropriated prior to October 1, 1979'', and substituted ''no

funds may be expended by Federal agencies for the acquisition of

lands or interests in lands outside the exterior boundaries of

existing Federal area'' for ''no funds may be expended for the

acquisition of lands or interests in lands''.

1978 - Pub. L. 95-248 inserted provisions relating to

determinations respecting appropriations authorized for fiscal year

1979 and succeeding fiscal years.

Subsec. (a). Pub. L. 95-625 struck out par. (1) designation,

substituted ''in subsequent fiscal years'' for ''in the subsequent

fiscal year'' and struck out par. (2) which provided for

transmission of a report to Congressional committees by the

Appalachian Trail Conference at the close of each fiscal year,

until entire acquisition program was completed, covering conduct of

negotiations for acquisition program and whether larger interests

in land were being acquired than were necessary for the purposes of

this chapter.

Subsec. (c). Pub. L. 95-625 added subsec. (c).

EFFECTIVE DATE OF APPROPRIATION AUTHORIZATIONS UNDER PUB. L. 98-11;

CONTRACT AUTHORITY

Section 101 of Pub. L. 98-11 provided that: ''Authorizations of

appropriations under this Act (enacting sections 1250 and 1251 of

this title, amending this section and sections 1241 to 1247 of this

title, and enacting provisions set out as a note under section 1241

of this title) shall be effective only for the fiscal year

beginning on October 1, 1983, and subsequent fiscal years.

Notwithstanding any other provision of this Act, authority to enter

into contracts, and to make payments, under this Act shall be

effective only to such extent or in such amounts as are provided in

advance in appropriation Acts.''

APPROPRIATIONS FOR OVERMOUNTAIN VICTORY NATIONAL HISTORIC TRAIL AND

ICE AGE NATIONAL SCENIC TRAIL; EFFECTIVE DATE; CONTRACT AUTHORITY

Section 2 of Pub. L. 96-370 provided that: ''Authorizations of

moneys to be appropriated under this Act (amending sections 1244

and 1249 of this title) shall be effective on October 1, 1981.

Notwithstanding any other provision of this Act, authority to enter

into contracts, to incur obligations, or to make payments under

this Act shall be effective only to the extent, and in such

amounts, as are provided in advance in appropriation Acts.''

-CITE-

16 USC Sec. 1250 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1250. Volunteer trails assistance

-STATUTE-

(a) Volunteer planning, development, maintenance, and management of

trails

(1) In addition to the cooperative agreement and other

authorities contained in this chapter, 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

chapter, the Secretaries are authorized and encouraged to utilize

the Volunteers in the Parks Act of 1969 (16 U.S.C. 18g et seq.),

the Volunteers in the Forests Act of 1972 (16 U.S.C. 558a et seq.),

and section 460l-8 of this title (relating to the development of

Statewide Comprehensive Outdoor Recreation Plans).

(b) Scope of volunteer work

Each Secretary or the head of any Federal land managing agency

may assist volunteers and volunteer 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) Use of Federal facilities, equipment, tools, and technical

assistance

The appropriate Secretary or the head of any Federal land

managing agency may utilize and 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.

-SOURCE-

(Pub. L. 90-543, Sec. 11, as added Pub. L. 98-11, title II, Sec.

210, Mar. 28, 1983, 97 Stat. 49.)

-REFTEXT-

REFERENCES IN TEXT

The Volunteers in the Parks Act of 1969, referred to in subsec.

(a)(2), is Pub. L. 91-357, July 29, 1970, 84 Stat. 472, as amended,

which is classified generally to subchapter II (Sec. 18g et seq.)

of chapter 1 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 18g of

this title and Tables.

The Volunteers in the Forests Act of 1972, referred to in subsec.

(a)(2), probably means the Volunteers in the National Forests Act

of 1972, Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as amended,

which is classified generally to section 558a et seq. of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 558a of this title and

Tables.

-CITE-

16 USC Sec. 1251 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 27 - NATIONAL TRAILS SYSTEM

-HEAD-

Sec. 1251. Definitions

-STATUTE-

As used in this chapter:

(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 interests 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 (16 U.S.C.

460l-4 et seq.) or any other provision of law shall not be

treated as an expense to the United States.

-SOURCE-

(Pub. L. 90-543, Sec. 12, as added Pub. L. 98-11, title II, Sec.

210, Mar. 28, 1983, 97 Stat. 50.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965, referred to in

par. (4), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as

amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-