16 USC 1246(h)(1) - Agreements to Operate, Develop, and Maintain Portions of National Trails

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TITLE 16—CONSERVATION

LEWIS AND CLARK NATIONAL HISTORIC TRAIL
INTERPRETIVE CENTER, MONTANA
Pub. L. 100–552, §§ 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, § 1, Apr. 8, 1999, 113 Stat. 28; Pub. L. 109–338, title
VII, § 703(a), Oct. 12, 2006, 120 Stat. 1859; Pub. L. 110–229,
title IV, § 475, May 8, 2008, 122 Stat. 827, 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 appropriation 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, except for preparation of
strategic plan; and provided for termination of authority under this Act on Sept. 30, 2011.
LAUREL HIGHLANDS NATIONAL RECREATIONAL TRAIL
DESIGNATED AS PART OF POTOMAC HERITAGE TRAIL
Pub. L. 99–500, § 101(h) [title I, § 113], Oct. 18, 1986, 100
Stat. 1783–242, 1783–262, and Pub. L. 99–591, § 101(h) [title
I, § 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)].’’

§ 1245. Connecting or side trails; establishment,
designation, and marking as components of
national trails system; location
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 appro-

priate 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 nonFederal lands shall be submitted to the appropriate Secretary.
(Pub. L. 90–543, § 6, Oct. 2, 1968, 82 Stat. 922; Pub.
L. 95–625, title V, § 551(16), Nov. 10, 1978, 92 Stat.
3515; Pub. L. 98–11, title II, § 206, Mar. 28, 1983, 97
Stat. 45.)
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’’.

§ 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-ofway 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 adja-

§ 1246

TITLE 16—CONSERVATION

cent 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-ofway 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-ofway, 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-publicuse 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: Pro-

Page 1586

vided 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-ofway
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.

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TITLE 16—CONSERVATION

(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-ofway 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-ofway 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 appro-

§ 1246

priate 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.

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(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 rightsof-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,

Page 1588

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-ofway, 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.
(Pub. L. 90–543, § 7, Oct. 2, 1968, 82 Stat. 922; Pub.
L. 95–248, § 1(3), (4), Mar. 21, 1978, 92 Stat. 160;
Pub. L. 95–625, title V, § 551(17)–(21), Nov. 10, 1978,
92 Stat. 3515, 3516; Pub. L. 96–87, title IV,
§ 401(m)(2), (3), Oct. 12, 1979, 93 Stat. 666; Pub. L.
98–11, title II, § 207, Mar. 28, 1983, 97 Stat. 45.)
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.

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472, which is classified generally to subchapter II (§ 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, 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.
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.
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, § 6(b),
Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) of Title 49, Transportation.
AMENDMENTS
1983—Subsec. (a). Pub. L. 98–11, § 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, § 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, § 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, § 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, § 207(e), designated existing
provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 98–11, § 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, § 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, § 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, § 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, § 551(17), substituted
‘‘national scenic and national historic trails’’ for ‘‘National Scenic Trails’’ in first sentence.
Subsec. (b). Pub. L. 95–625, § 551(17), substituted ‘‘scenic or national historic’’ for ‘‘scenic’’ in two places.
Subsec. (c). Pub. L. 95–625, § 551(17), (18), as amended
Pub. L. 96–87, § 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, § 551(17), substituted
‘‘recreation, national scenic, or national historic’’ for
‘‘recreation or scenic’’.
Pub. L. 95–248, § 1(3), struck out proviso relating to
acreage limitation of acquisition.
Subsec. (e). Pub. L. 95–625, § 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, § 551(20), (21), as amended
Pub. L. 96–87, § 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, § 1(4), substituted ‘‘an average of one
hundred and twenty-five acres per mile’’ for ‘‘twentyfive 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, § 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, § 551(17), substituted
‘‘recreation, national scenic, or national historic’’ for
‘‘recreation or scenic’’.
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

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TITLE 16—CONSERVATION

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, §§ 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. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

§ 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
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 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.
(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 en1 See

References in Text note below.

Page 1590

courage 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-ofway 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.
(Pub. L. 90–543, § 8, Oct. 2, 1968, 82 Stat. 925; Pub.
L. 95–625, title V, § 551(22), Nov. 10, 1978, 92 Stat.
3516; Pub. L. 98–11, title II, § 208, Mar. 28, 1983, 97
Stat. 48; Pub. L. 104–88, title III, § 317(1), Dec. 29,
1995, 109 Stat. 949.)
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
(§ 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 (§ 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 (§ 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