16 Usc 1246

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2005]

[Document not affected by Public Laws enacted between

January 3, 2005 and June 19, 2006]

[CITE: 16USC1246]

TITLE 16--CONSERVATION

CHAPTER 27--NATIONAL TRAILS SYSTEM

Sec. 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

(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