**NATIONAL TRAILS SYSTEM ACT**

Public Law 90‑543

(l6 U.S.C. 1241 et seq.)

as amended

through P.L. 108-342, October 18, 2004

AN ACT

To establish a national trails system, and for other purposes.

*Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,*

SHORT TITLE

SECTION l. This Act may be cited as the \"National Trails System Act\".

STATEMENT OF POLICY

SEC. 2. (a) In order to provide for the ever‑increasing outdoor
recreation needs of an expanding population and in order to promote the
preservation of, public access to, travel within, and enjoyment and
appreciation of the open‑air, outdoor areas and historic resources of
the Nation, trails should be established (i) primarily, near the urban
areas of the Nation, and (ii) secondarily, within scenic areas and along
historic travel routes of the Nation which are often more remotely
located.

\(b\) The purpose of this Act is to provide the means for attaining
these objectives by instituting a national system of recreation, scenic
and historic trails, by designating the Appalachian Trail and the
Pacific Crest Trail as the initial components of that system, and by
prescribing the methods by which, and standards according to which,
additional components may be added to the system.

\(c\) The Congress recognizes the valuable contributions that volunteers
and private, nonprofit trail groups have made to the development and
maintenance of the Nation\'s trails. In recognition of these
contributions, it is further the purpose of this Act to encourage and
assist volunteer citizen involvement in the planning, development,
maintenance, and management, where appropriate, of trails.

NATIONAL TRAILS SYSTEM

SEC. 3. (a) The national system of trails shall be composed of the
following:

\(l\) National recreation trails, established as provided in section 4
of this Act, which will provide a variety of outdoor recreation uses in
or reasonably accessible to urban areas.

\(2\) National scenic trails, established as provided in section 5 of
this Act, which will be extended trails so located as to provide for
maximum outdoor recreation potential and for the conservation and
enjoyment of the nationally significant scenic, historic, natural, or
cultural qualities of the areas through which such trails may pass.
National scenic trails may be located so as to represent desert, marsh,
grassland, mountain, canyon, river, forest, and other areas, as well as
landforms which exhibit significant characteristics of the physiographic
regions of the Nation.

\(3\) National historic trails, established as provided in section 5 of
this Act, which will be extended trails which follow as closely as
possible and practicable the original trails or routes of travel of
national historic significance. Designation of such trails or routes
shall be continuous, but the established or developed trail, and the
acquisition thereof, need not be continuous onsite. National historic
trails shall have as their purpose the identification and protection of
the historic route and its historic remnants and artifacts for public
use and enjoyment. Only those selected land and water based components
of a historic trail which are on federally owned lands and which meet
the national historic trail criteria established in this Act are
included as Federal protection components of a national historic trail.
The appropriate Secretary may certify other lands as protected segments
of an historic trail upon application from State or local governmental
agencies or private interests involved if such segments meet the
national historic trail criteria established in this Act and such
criteria supplementary thereto as the appropriate Secretary may
prescribe, and are administered by such agencies or interests without
expense to the United States.

\(4\) Connecting or side trails, established as provided in section 6 of
this Act, which will provide additional points of public access to
national recreation, national scenic or national historic trails or
which will provide connections between such trails.

The Secretary of the Interior and the Secretary of Agriculture, in
consultation with appropriate governmental agencies and public and
private organizations, shall establish a uniform marker for the national
trails system.

\(b\) For purposes of this section, the term \'extended trails\' means
trails or trail segments which total at least one hundred miles in
length, except that historic trails of less than one hundred miles may
be designated as extended trails. While it is desirable that extended
trails be continuous, studies of such trails may conclude that it is
feasible to propose one or more trail segments which, in the aggregate,
constitute at least one hundred miles in length.

NATIONAL RECREATION TRAILS

SEC. 4. (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 jurisdication
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 Act 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.

NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS

SEC. 5. (a) 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
the date of enactment of this Act, 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
approximate 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 l977 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 7(c), 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 l977. 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 l977. 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 l975. 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‑‑l780 in the draft study re­port entitled
\"Overmountain Victory Trail\" dated December l979. 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.

(l0) 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 l980. 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 section 5(d) of this Act. 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 section 5(e) of this Act. Notwithstanding the provisions of section
7(c), 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.

(ll) 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
l974, 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 Act 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 l979. 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.

(l3) 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 l980. 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 Act and are
administered by such agencies without expense to the United States. The
trail shall be administered by the Secretary of Agriculture.

(l4) 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 l982. 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 Act 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 l976. 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.

(l6)(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
l838 and l839, 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 l986. 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 5(f)
and 7(c) of this Act, 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.

\(17\) 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)
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/Environ-mental 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.[^1]

\(20\) 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 Act, including section 7(h). 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]{.smallcaps}.\--

\(A\) 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)
entitled National Historic Trail Feasibility Study and Environmental
Assessment: El Camino Real de Tierra Adentro, Texas-New Mexico, dated
March 1997.

\(B\) [Map]{.smallcaps}.\--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]{.smallcaps}.\--The trail shall be administered by
the Secretary of the Interior.

\(D\) [Land acquisition]{.smallcaps}.\--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]{.smallcaps}.\--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]{.smallcaps}.\--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]{.smallcaps}.\--

\(A\) [In general]{.smallcaps}.\--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) entitled Ala Kahakai
National Trail Study and Environmental Assessment, dated January 1998.

\(B\) [Map]{.smallcaps}.\--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]{.smallcaps}.\--The trail shall be administered by
the Secretary of the Interior.

\(D\) [Land acquisition]{.smallcaps}.\--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]{.smallcaps}.\--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.]{.smallcaps}\--

\(A\) [In General.]{.smallcaps}\--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.]{.smallcaps}\--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.]{.smallcaps}\--The trail shall be administered by
the Secretary of the Interior (referred to in this paragraph as the
Secretary).

\(D\) [Land Acquisition.]{.smallcaps}\--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]{.smallcaps}.\--The Secretary shall consult with
other Federal, State, local, and tribal agencies in the administration
of the trail.

\(F\) [Additional Routes.]{.smallcaps}\--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.

(24 [El camino real de los tejas national historic
trail.]{.smallcaps}\--

\(A\) [In General.]{.smallcaps}---El Camino Real de los Tejas (the Royal
Road to the Tejas) National Historic Trail, a combination of historic
routes (including the Old San Antonio Road) totaling approximately 2,580
miles, extending from the Rio Grande near Eagle Pass and Laredo, Texas,
to Natchitoches, Louisiana, as generally depicted on the map entitled
"El Camino Real de los Tejas" contained in the report entitled "National
Historic Trail Feasibility Study and Environmental Assessment: El Camino
Real de los Tejas, Texas-Louisiana", dated July 1998.

\(B\) [Map.]{.smallcaps}\--A map generally depicting the trail shall be
on file and available for public inspection in the appropriate offices
of the National Park Service.

\(C\) [Administration.]{.smallcaps}---(i) The Secretary of the Interior
(referred to in this paragraph as the the Secretary) shall administer
the trail.

\(ii\) The Secretary shall administer those portions of the trail on
non-Federal land only with the consent of the owner of such land and
when such trail portion qualifies for certification as an officially
established component of the trail, consistent with section 3(a)(3). An
owner's approval of a certification agreement shall satisfy the consent
requirement. A certification agreement may be terminated at any time.

\(iii\) The designation of the trail does not authorize any person to
enter private property without the consent of the owner.

\(D\) [Consultation]{.smallcaps}.\--The Secretary shall consult with
appropriate State and local agencies in the planning and development of
the trail.

\(E\) [Coordination of activities.---]{.smallcaps}The Secretary 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.

\(F\) [Land Acquisition.]{.smallcaps}\--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.

\(b\) The Secretary of the Interior, through the agency most likely to
administer such trail, and the Secretary of Agriculture where lands
administered by him are involved, shall make such additional studies as
are herein or may hereafter be authorized by the Congress for the
purpose of determining the feasibility and desirability of designating
other trails as national scenic or national historic trails. Such
studies shall be made in consultation with the heads of other Federal
agencies administering lands through which such additional proposed
trails would pass and in cooperation with interested interstate, State,
and local governmental agencies, public and private organizations, and
landowners and land users concerned. The feasibility of designating a
trail shall be determined on the basis of an evaluation of whether or
not it is physically possible to develop a trail along a route being
studied, and whether the development of a trail would be financially
feasible. The studies listed in subsection (c) of this section shall be
completed and submitted to the Congress, with recommendations as to the
suitability of trail designation, not later than three complete fiscal
years from the date of enactment of their addition to this subsection,
or from the date of enactment of this sentence, whichever is later. Such
studies, when submitted, shall be printed as a House or Senate document,
and shall include, but not be limited to:

\(1\) the proposed route of such trail (including maps and
illustrations);

\(2\) the areas adjacent to such trails, to be utilized for scenic,
historic, natural, cultural, or developmental, purposes;

\(3\) the characteristics which, in the judgment of the appropriate
Secre­tary, make the proposed trail worthy of designation as a national
scenic or national historic trail; and in the case of national historic
trails the report shall include the recommendation of the Secretary of
the Interior\'s National Park System Advisory Board as to the national
historic significance based on the criteria developed under the Historic
Sites Act of 1935 (40 Stat. 666; 16 U.S.C. 461);

\(4\) the current status of land ownership and current and potential use
along the designated route;

\(5\) the estimated cost of acquisition of lands or interest in lands,
if any;

\(6\) the plans for developing and maintaining the trail and the cost
there­of;

\(7\) the proposed Federal administering agency (which, in the case of a
national scenic trail wholly or substantially within a national forest,
shall be the Department of Agriculture);

\(8\) the extent to which a State or its political subdivisions and
public and private organizations might reasonably be expected to
participate in acquir­ing the necessary lands and in the administration
thereof;

\(9\) the relative uses of the lands involved, including: the number of
anticipated visitor‑days for the entire length of, as well as for
segments of, such trail; the number of months which such trail, or
segments thereof, will be open for recreation purposes; the economic and
social benefits which might accrue from alternate land uses; and the
estimated man‑years of civilian employ­ment and expenditures expected for
the purposes of maintenance, supervision, and regulation of such trail;

\(10\) the anticipated impact of public outdoor recreation use on the
preser­vation of a proposed national historic trail and its related
historic and arche­ological features and settings, including the measures
proposed to ensure evalu­ation and preservation of the values that
contribute to their national historic significance; and

\(11\) To qualify for designation as a national historic trail, a trail
must meet all three of the following criteria:

\(A\) It must be a trail or route established by historic use and must
be historically significant as a result of that use. The route need not
currently exist as a discernible trail to qualify, but its location must
be sufficiently known to permit evaluation of public recreation and
historical interest potential. A designated trail should generally
accurately follow the historic route, but may deviate somewhat on
occasion of necessity to avoid difficult routing through subsequent
development, or to provide some route variations offering a more
pleasurable recreational experience. Such deviations shall be so noted
on site. Trail segments no longer possible to travel by trail due to
subsequent development as motorized transportation routes may be
designated and marked onsite as segments which link to the historic
trail.

\(B\) It must be of national significance with respect to any of several
broad facets of American history, such as trade and commerce,
exploration, migration and settlement, or military campaigns. To qualify
as nationally significant, historic use of the trail must have had a far
reaching effect on broad patterns of American culture. Trails
significant in the history of native Americans may be included.

\(C\) It must have significant potential for public recreational use or
historical interest based on historic interpretation and appreciation.
The potential for such use is generally greater along roadless segments
developed as historic trails and at historic sites associated with the
trail. The presence of recreation potential not related to historic
appreciation is not sufficient justification for designation under this
category.

\(c\) The following routes shall be studied in accordance with the
objectives outlined in subsection (b) of this section.

\(1\) 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.

(l0) Long Trail extending two hundred and fifty‑five miles from the
Massachusetts border northward through Vermont to the Canadian border.

(ll) Mormon Trail, extending from Nauvoo, Illinois, to Salt Lake City,
Utah, through the States of Iowa, Nebraska, and Wyoming.

(l2) Gold Rush Trails in Alaska.

(l3) Mormon Battalion Trail, extending two thousand miles from Mount
Pisgah, Iowa, through Kansas, Colorado, New Mexico, and Arizona to Los
Angeles, California.

(l4) 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. August National
Park Monument.

(l5) Bartram Trail, extending through the States of Georgia, North
Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, and
Tennessee.

(l6) Daniel Boone Trail, extending from the vicinity of Statesville,
North Carolina, to Fort Boonesborough State Park, Kentucky.

(l7) Desert Trail, extending from the Canadian border through parts of
Idaho, Washington, Oregon, Nevada, California, and Arizona, to the
Mexican border.

(l8) Dominguez‑Escalante Trail, extending approximately two thousand
miles along the route of the l776 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 Everglade National Park,
including the Big Cypress Swamp, the Kissimme 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 along, of which over four hundred miles of
trail have already been built.

\(20\) 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 Cononino National Forests
in Arizona; [Provided]{.underline}, 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 the date of the enactment of this
paragraph. Such study shall be separated into two portions, one relating
to the Pony Express Trail and one relating to the California Trail.

(3l) De Soto Trail, the approximate route taken by the expedition of the
Spanish explorer Hernado[^2] de Soto in l539, 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 the date of enactment of this paragraph.

\(32\) Coronado Trail, the approximate route taken by the expedition of
the Spanish explorer Francisco Vasquez de Coronado between l540 and
l542, 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 the
enactment of this paragraph.

\(34\) 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, across 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 and 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 long 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 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) 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]{.smallcaps}.\--

\(A\) [In general]{.smallcaps}.\--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]{.smallcaps}.\--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]{.smallcaps}.\--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]{.smallcaps}.\--Not later that 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.

\(41\) 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.

\(42\) [Metacomet-Monadnock-Mattabesett Trail]{.smallcaps}.\--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.

\(d\) The Secretary charged with the administration of each respective
trail shall, within one year of the date of the addition of any national
scenic or national historic trail to the system, and within sixty days
of the enactment of this sentence for the Appalachian and Pacific Crest
National Scenic Trails, establish an advisory council for each such
trail, each of which councils shall expire ten years from the date of
its establishment, except that the Advisory Council established for the
Iditarod Historic Trail shall expire twenty years from the date of its
establishment. If the appropriate Secretary is unable to establish such
an advisory council because of the lack of adequate public interest, the
Secretary shall so advise the appropriate committees of the Congress.
The appropriate Secretary shall consult with such council from time to
time with respect to matters relating to the trail, including the
selection of rights-of-way, standards for the erection and maintenance
of markers along the trail, and the administration of the trail. The
members of each advisory council, which shall not exceed thirty-five in
number, shall serve for a term of two years and without compensation as
such, but the Secretary may pay, upon vouchers signed by the chairman of
the council, the expenses reasonably incurred by the council and its
members in carrying out their responsibilities under this section.
Members of each council shall be appointed by the appropriate Secretary
as follows:

\(1\) 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]{.underline}, That the Appalachian Trail Conference shall be
represented by a sufficient number of persons to represent the various
sections of the country through which the Appalachian Trail passes; and

\(4\) the Secretary shall designate one member to be chairman and shall
fill vacancies in the same manner as the original appointment.

\(e\) Within two complete fiscal years of the date of enactment of
legislation designating a national scenic trail, except for the
Continental Divide National Scenic Trail and the North Country National
Scenic Trail, as part of the system, and within two complete fiscal
years of the date of enactment of this subsection for the Pacific Crest
and Appalachian Trails, the responsible Secretary shall, after full
consultation with affected Federal land managing agencies, the Governors
of the affected States, the relevant advisory council established
pursuant to section 5(d), and the Appalachian Trail Conference in the
case of the Appalachian Trail, submit to the Committee on Interior and
Insular Affairs of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate, a comprehensive plan for the
acquisition, management, development, and use of the trail, including
but not limited to, the following items:

\(1\) specific objectives and practices to be observed in the management
of the trail, including the identification of all significant natural,
historical, and cultural resources to be preserved (along with high
potential historic sites and high potential route segments in the case
of national historic trails), details of anticipated cooperative
agreements to be consummated with other entities, and an identified
carrying capacity of the trail and a plan for its implementation;

\(2\) an acquisition or protection plan, by fiscal year, for all lands
to be acquired by fee title or lesser interest, along with detailed
explanation of anticipated necessary cooperative agreements for any
lands not to be acquired; and

\(3\) general and site‑specific development plans including anticipated
costs.

\(f\) Within two complete fiscal years of the date of enactment of
legislation designating a national historic trail or the Continental
Divide National Scenic Trail or the North Country National Scenic Trail
as part of the system, the responsible Secretary shall, after full
consultation with affected Federal land managing agencies, the Governors
of the affected States, and the relevant Advisory Council established
pursuant to section 5(d) of this Act, submit to the Committee on
Interior and Insular Affairs of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, a comprehensive
plan for the management, and use of the trail, including but not limited
to, the following items:

\(1\) specific objectives and practices to be observed in the management
of the trail, including the identification of all significant natural,
historical, and cultural resources to be preserved, details of any
anticipated cooperative agreements to be consummated with State and
local government agencies or private interests, and for national scenic
or national historic trails an identified carrying capacity of the trail
and a plan for its implementation;

\(2\) the process to be followed by the appropriate Secretary to
implement the marking requirements established in section 7(c) of this
Act;

\(3\) a protection plan for any high potential historic sites or high
poten­tial route segments; and

\(4\) general and site-specific development plans, including anticipated
costs.

CONNECTING AND SIDE TRAILS

SEC. 6. Connecting or side trails within park, forest, and other
recreation areas administered by the Secretary of the Interior or
Secretary of Agriculture may be established, designated, and marked by
the appropriate Secretary as com­ponents of a national recreation,
national scenic or national historic trail. When no Federal land
acquisition is involved, connecting or side trails may be located across
lands administered by interstate, State, or local governmental agencies
with their consent, or, where the appropriate Secretary deems necessary
or desirable, on privately owned lands with the consent of the
landowners. Applications for approval and designation of connecting and
side trails on non‑Federal lands shall be submitted to the appropriate
Secretary.

ADMINISTRATION AND DEVELOPMENT

SEC. 7. (a)(1)(A) The Secretary charged with the overall administration
of a trail pursuant to section 5(a) shall, in administering and managing
the trail, consult with the heads of all other affected State and
Federal agencies. Nothing contained in this Act shall be deemed to
transfer among Federal agencies any management responsibilities
established under any other law for federally administered lands which
are components of the National Trails System. Any transfer of management
responsibilities may be carried out between the Secretary of the
Interior and the Secretary of Agriculture only as provided under
subparagraph (B).

\(B\) The Secretary charged with the overall administration of any trail
pursuant to section 5(a) may transfer management of any specified trail
segment of such trail to the other appropriate Secretary pursuant to a
joint memorandum of agreement containing such terms and conditions as
the Secretaries consider most appropriate to accomplish the purposes of
this Act. During any period in which management responsibilities for any
trail segment are transferred under such an agreement, the management of
any such segment shall be subject to the laws, rules, and regulations of
the Secretary provided with the management authority under the agreement
except to such extent as the agreement may otherwise expressly provide.

\(2\) Pursuant to section 5(a), the appropriate Secretary shall select
the rights‑of‑way for national scenic and national historic trails and
shall publish notice thereof of the availability of appropriate maps or
descriptions in the Federal Register; [Provided]{.underline}, 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 the specific area in
order to insure continued maximum benefits from the land. The location
and width of such rights-of-way across Federal lands under the
jurisdiction of another Federal agency shall be by agreement between the
head of that agency and the appropriate Secretary. In selecting
rights-of-way for trail purposes, the Secretary shall obtain the advice
and assistance of the States, local governments, private organizations,
and landowners and land users concerned.

\(b\) After publication of notice of the availability of appropriate
maps or descriptions in the Federal Register, the Secretary charged with
the administration of a national scenic or national historic trail may
relocate segments of a national scenic or national historic trail
right‑of‑way, with the concurrence of the head of the Federal agency
having jurisdiction over the lands involved, upon a determination that:
(i) Such a relocation is necessary to preserve the purposes for which
the trail was established, or (ii) the relocation is necessary to
promote a sound land management program in accordance with established
multiple‑use principles: [Provided]{.underline}, That a substantial
relocation of the rights-­of‑way for such trail shall be by Act of
Congress.

\(c\) National scenic or national historic trails may contain campsites,
shelters, and 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 be made to avoid activities incompatible with the
purposes for which such trails were established. The use of motorized
vehicles by the general public along any national scenic trail shall be
prohibited and nothing in this Act shall be construed as authorizing the
use of motorized vehicles within the natural and historical areas of the
national park system, the national wildlife refuge system, the national
wilderness preservation system where they are presently prohibited or on
other Federal lands where trails are designated as being closed to such
use by the appropriate Secretary: [Provided]{.underline}, 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]{.underline}, 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 administration of the trail. The Secretary
of the Interior and the Secretary of Agriculture, in consultation with
appropriate governmental agencies and public and private organizations,
shall establish a uniform marker, including thereon an appropriate and
distinctive symbol for each national recreation, national scenic, and
national historic trail. Where the trails cross lands administered by
Federal agencies such markers shall be erected at appropriate points
along the trails and maintained by the Federal agency administering the
trail in accordance with standards established by the appropriate
Secretary and where the trails cross non‑Federal lands, in accordance
with written cooperative agreements, the appropriate Secretary shall
provide such uniform markers to cooperating agencies and shall require
such agencies to erect and maintain them in accordance with the
standards established. The appropriate Secretary may also provide for
trail interpretation sites, which shall be located at historic sites
along the route of any national scenic or national historic trail, in
order to present information to the public about the trail, at the
lowest possible cost, with emphasis on the portion of the trail passing
through the State in which the site is located. Wherever possible, the
sites shall be maintained by a State agency under a cooperative
agreement between the appropriate Secretary and the State agency.

\(d\) Within the exterior boundaries of areas under their administration
that are included in the right‑of‑way selected for a national
recreation, national scenic, or national historic trail, the heads of
Federal agencies may use lands for trail purposes and may acquire lands
or interests in lands by written cooperative agreement, donation,
purchase with donated or appropriated funds or exchange.

\(e\) Where the lands included in a national scenic or national historic
trail right‑of‑way are outside of the exterior boundaries of federally
adminis­tered areas, the Secretary charged with the administration of
such trail shall encourage the States or local governments involved (1)
to enter into written cooperative agreements with landowners, private
organizations, and individuals to provide the necessary 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]{.underline}, 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]{.underline}, 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]{.underline}, That if the Secretary charged
with the administration of such trail permanently relocates the
right‑of‑way and disposes of all title or interest in the land, the
original owner, or his heirs or assigns, shall be offered, by notice
given at the former owner\'s last known address, the right of first
refusal at the fair market price.

(f)(1) The Secretary of the Interior, in the exercise of his exchange
authority, may accept title to any non‑Federal property within the
right‑of‑way and in exchange therefor he may convey to the grantor of
such property any federally owned property under his jurisdiction which
is located in the State wherein such property is located and which he
classifies as suitable for exchange or other disposal. The values of the
properties so exchanged either shall be approximately equal, or if they
are not approximately equal the values shall be equalized by the payment
of cash to the grantor or to the Secretary as the circumstances require.
The Secretary of Agriculture, in the exercise of his exchange authority,
may utilize authorities and procedures available to him in connection
with exchanges of national forest lands.

\(2\) In acquiring lands or interests therein for a National Scenic or
Historic Trail, the appropriate Secretary may, with consent of a
landowner, acquire whole tracts notwithstanding that parts of such
tracts may lie outside the area of trail acquisition. In furtherance of
the purposes of this act, lands so acquired outside the area of trail
acquisition may be exchanged for any non‑Federal lands or interests
therein within the trail right‑of‑way, or disposed of in accordance with
such procedures or regulations as the appropriate Secretary shall
prescribe, including: (i) provisions for conveyance of such acquired
lands or interests therein at not less than fair market value to the
highest bidder, and (ii) provisions for allowing the last owners of
record a right to purchase said acquired lands or interests therein upon
payment or agreement to pay an amount equal to the highest bid price.
For lands designated for exchange or disposal, the appropriate Secretary
may convey these lands with any reservations or covenants deemed
desirable to further the purposes of this Act. The proceeds from any
disposal shall be credited to the appropriation bearing the costs of
land acquisition for the affected trail.

\(g\) The appropriate Secretary may utilize condemnation proceedings
without the consent of the owner to acquire private lands or interests,
therein pursuant to this section only in cases where, in his judgment,
all reasonable efforts to acquire such lands or interest therein by
negotiation have failed, and in such cases he shall acquire only such
title as, in his judgment, is reasonably necessary to provide passage
across such lands: [Provided]{.underline}, That condemnation proceedings
may not be utilized to acquire fee title or lesser interests to more
than an average of one hundred and twenty‑five acres per mile. Money
appropriated for Federal purposes from the land and water conservation
fund shall, without prejudice to appropriations from other sources, be
available to Federal departments for the acquisition of lands or
interests in lands for the purposes of this Act. For national historic
trails, direct Federal acquisition for trail purposes shall be limited
to those areas indicated by the study report or by the comprehensive
plan as high potential route segments or high potential historic sites.
Except for designated protected components of the trail, no land or site
located along a designated national historic trail or along the
Continental Divide National Scenic Trail shall be subject to the
provisions of section 4(f) of the Department of Transportation Act (49
U.S.C. 1653(f)) unless such land or site is deemed to be of historical
significance under appropriate historical site criteria such as those
for the National Register of Historic Places.

(h)(1) The Secretary charged with the administration of a national
recreation, national scenic, or national historic trail shall provide
for the development and maintenance of such trails within federally
administered areas and shall cooperate with and encourage the States to
operate, develop, and maintain portions of such trails which are located
outside the boundaries of federally administered areas. When deemed to
be in the public interest, such Secretary may enter written cooperative
agreements with the States or their political subdivisions, landowners,
private organizations, or individuals to operate, develop, and maintain
any portion of such a trail either within or outside a federally
administered area. Such agreements may include provisions for limited
financial assistance to encourage participation in the acquisition,
protection, operation, development, or maintenance of such trails,
provisions providing volunteer in the park or volunteer in the forest
status (in accordance with the Volunteers in the Parks Act of 1969 and
the Volunteers in the Forests Act of 1972) to individuals, private
organizations, or landowners participating in such activities, or
provisions of both types. The appropriate Secretary shall also initiate
consultations with affected States and their political subdivisions to
encourage‑‑

\(A\) the development and implementation by such entities of appropriate
measures to protect private landowners from trespass resulting from
trail use and from unreasonable personal liability and property damage
caused by trail use, and

\(B\) the development and implementation by such entities of pro­visions
for land practices, compatible with the purposes of this Act,

for property within or adjacent to trail rights‑of‑way. After consulting
with States and their political subdivisions under the preceding
sentence, the Secre­tary may provide assistance to such entities under
appropriate cooperative agreements in the manner provided by this
subsection.

\(2\) Whenever the Secretary of the Interior makes any conveyance of
land under any of the public land laws, he may reserve a right‑of‑way
for trails to the extent he deems necessary to carry out the purposes of
this Act.

\(i\) The appropriate Secretary, with the concurrence of the heads of
any other Federal agencies administering lands through which a national
recreation, national scenic, or national historic trail passes, and
after consultation with the States, local governments, and organizations
concerned, may issue regulations, which may be revised from time to
time, governing the use, protection, management, development, and
administration of trails of the national trails system. In order to
maintain good conduct on and along the trails located within federally
administered areas and to provide for the proper government and
protection of such trails, the Secretary of the Interior and the
Secretary of Agriculture shall prescribe and publish such uniform
regulations as they deem necessary and any person who violates such
regulations shall be guilty of a mis­demeanor, and may be punished by a
fine of not more \$500, or by imprisonment not exceeding six months, or
by both such fine and imprisonment. The Secretary responsible for the
administration of any segment of any component of the National Trails
System (as determined in a manner consistent with subsection (a)(1) of
this section) may also utilize authorities related to units of the
national park system or the national forest system, as the case may be,
in carrying out his administrative responsibilities for such component.

\(j\) Potential trail uses allowed on designated components of the
national trails system may include, but are not limited to, the
following: bicycling, cross-country skiing, day hiking, equestrian
activities, jogging or similar fitness activities, trail biking,
overnight and long-distance backpacking, snowmobiling, and surface water
and underwater activities. Vehicles which may be permitted on certain
trails may include, but need not be limited to, motorcycles, bicycles,
four-wheel drive or all-terrain off-road vehicles. In addition, trail
access for handicapped individuals may be provided. The provisions of
this subsection shall not supersede any other provisions of this Act or
other Federal laws, or any State or local laws.

\(k\) For the conservation purpose of preserving or enhancing the
recreational, scenic, natural, or historical values of components of the
national trails system, and environs thereof as determined by the
appropriate Secretary, landowners are authorized to donate or otherwise
convey qualified real property interests to qualified organizations
consistent with section 170(h)(3) of the Internal Revenue Code of 1954,
including, but not limited to, right-of-way, open space, scenic, or
conservation easements, without regard to any limitation on the nature
of the estate or interest otherwise transferable within the jurisdiction
where the land is located. The conveyance of any such interest in land
in accordance with this subsection shall be deemed to further a Federal
conservation policy and yield a significant public benefit for purposes
of section 6 of Public Law 96‑541.

STATE AND METROPOLITAN AREA TRAILS

SEC. 8. (a) The Secretary of the Interior is directed to encourage
States to consider, in their comprehensive statewide outdoor recreation
plans and proposals for financial assistance for State and local
projects submitted pursuant to the Land and Water Conservation Fund Act,
needs and opportunities for establishing park, forest, and other
recreation and historic trails on lands owned or administered by States,
and recreation and historic trails on lands in or near urban areas. The
Secretary is also directed to encourage States to consider, in their
comprehensive statewide historic preservation plans and proposals for
financial assistance for State, local, and private projects submitted
pursuant to the Act of October 15, 1966 (80 Stat. 915), as amended,
needs and opportunities for establishing historic trails. He is further
directed in accordance with the authority contained in the Act of
May 28, 1963 (77 Stat. 49), to encourage States, political subdivisions,
and private interests, including nonprofit organizations, to establish
such trails.

\(b\) The Secretary of Housing and Urban Development is directed, in
administering the program of comprehensive urban planning and assistance
under section 701 of the Housing Act of 1954, to encourage the planning
of recreation trails in connection with the recreation and
transportation planning for metropolitan and other urban areas. He is
further directed, in administering the urban openspace program under
title VII of the Housing Act of 1961, to encourage such recreation
trails.

\(c\) The Secretary of Agriculture is directed, in accordance with
authority vested in him, to encourage States and local agencies and
private interests to establish such trails.

\(d\) The Secretary of Transportation, the Chairman of the Interstate
Commerce Commission, and the Secretary of the Interior, in administering
the Railroad Revitalization and Regulatory Reform Act of 1976, shall
encourage State and local agencies and private interests to establish
appropriate trails using the provisions of such programs. Consistent
with the purposes of that Act, and in furtherance of the national policy
to preserve established railroad rights‑of‑way for future reactivation
of rail service, to protect rail trans­portation corridors, and to
encourage energy efficient transportation use, in the case of interim
use of any established railroad rights‑of‑way pursuant to donation,
transfer, lease, sale, or otherwise in a manner consistent with the
National Trails System Act, if such interim use is subject to
restoration or reconstruction for railroad purposes, such interim use
shall not be treated, for purposes of any law or rule of law, as an
abandonment of the use of such rights-of-way for railroad purposes. If a
State, political subdivision, or qualified private organization is
prepared to assume full responsibility for management of such
rights-of-way and for any legal liability arising out of such transfer
or use, and for the payment of any and all taxes that may be levied or
assessed against such rights-of-way, then the Commission shall impose
such terms and conditions as a requirement of any transfer or conveyance
for interim use in a manner consistent with this Act, and shall not
permit abandonment or discontinuance inconsistent or disruptive of such
use.

\(e\) Such trails may be designated and suitably marked as parts of the
nationwide system of trails by the States, their political subdivisions,
or other appropriate administering agencies with the approval of the
Secretary of the Interior.

RIGHTS‑OF‑WAY AND OTHER PROPERTIES

SEC. 9. (a) The Secretary of the Interior or the Secretary of
Agriculture as the case may be, may grant easements and rights-of-way
upon, over, under, across, or along any component of the national trails
system in accordance with the laws applicable to the national park
system and the national forest system, respectively:
[Provided]{.underline}, That any conditions contained in such easements
and rights-of-way shall be related to the policy and purposes of this
Act.

\(b\) The Department of Defense, the Department of Transportation, the
Interstate Commerce Commission, the Federal Communications Commission,
the Federal Power Commission, and other Federal agencies having
jurisdiction or control over or information concerning the use,
abandonment, or disposition of roadways, utility rights-of-way, or other
properties which may be suitable for the purpose of improving or
expanding the national trails system shall cooperate with the Secretary
of the Interior and the Secretary of Agriculture in order to assure, to
the extent practicable, that any such properties having values suitable
for trail purposes may be made available for such use.

\(c\) Commencing upon the date of enactment of this subsection, any and
all right, title, interest, and estate of the United States in all
rights-of-way of the type described in the Act of March 8, l922 (43
U.S.C. 9l2), shall remain in the United States upon the abandonment or
forfeiture of such rights-of-way, or portions thereof, except to the
extent that any such right-of-way, or portion thereof, is embraced
within a public highway no later than one year after a determination of
abandonment or forfeiture, as provided under such Act.

(d)(l) All rights-of-way, or portions thereof, retained by the United
States pursuant to subsection (c) which are located within the
boundaries of a conservation system unit or a National Forest shall be
added to and incorporated within such unit or National Forest and
managed in accordance with applicable provisions of law, including this
Act.

\(2\) All such retained rights‑of‑way, or portions thereof, which are
located outside the boundaries of a conservation system unit or a
National Forest but adjacent to or contiguous with any portion of the
public lands shall be managed pursuant to the Federal Land Policy and
Management Act of l976 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)(l) The Secretary of the Interior is authorized where appropriate to
release and quitclaim to a unit of government or to another entity
meeting the requirements of this subsection any and all right, title,
and interest in the surface estate of any portion of any right-of-way to
the extent any such right, title, and interest was retained by the
United States pursuant to subsection (c), if such portion is not located
within the boundaries of any conservation system unit or National
Forest. Such release and quitclaim shall be made only in response to an
application therefor by a unit of State or local government or another
entity which the Secretary of the Interior determines to be legally and
financially qualified to manage the relevant portion for public
recreational purposes. Upon receipt of such an application, the
Secretary shall publish a notice concerning such application in a
newspaper of general circulation in the area where the relevant portion
is located. Such release and quitclaim shall be on the following
conditions:

\(A\) If such unit or entity attempts to sell, convey, or otherwise
transfer such right, title, or interest or attempts to permit the use of
any part of such portion for any purpose incompatible with its use for
public recreation, then any and all right, title, and interest released
and quitclaimed by the Secretary pursuant to this subsection shall
revert to the United States.

\(B\) Such unit or entity shall assume full responsibility and hold the
United States harmless for any legal liability which might arise with
respect to the transfer, possession, use, release, or quitclaim of such
right‑of‑way.

\(C\) Notwithstanding any other provision of law, the United States
shall be under no duty to inspect such portion prior to such release and
quitclaim, and shall incur no legal liability with respect to any hazard
or any unsafe condition existing on such portion at the time of such
release and quitclaim.

\(2\) The Secretary is authorized to sell any portion of a right‑of‑way
retained by the United States pursuant to subsection (c) located outside
the boundaries of a conservation system unit or National Forest if any
such portion is‑‑

\(A\) not adjacent to or contiguous with any portion of the public
lands; or

\(B\) determined by the Secretary, pursuant to the disposal criteria
established by section 203 of the Federal Land Policy and Management Act
of l976, 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 (l)
of this subsection.

\(3\) All proceeds from sales of such retained rights of way shall be
deposited into the Treasury of the United States and credited to the
Land and Water Conservation Fund as provided in section 2 of the Land
and Water Conservation Fund Act of l965.

\(4\) The Secretary of the Interior shall annually report to the
Congress the total proceeds from sales under paragraph (2) during the
preceding fiscal year. Such report shall be included in the President\'s
annual budget submitted to the Congress.

\(f\) As used in this section‑‑

\(l\) 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. 237l 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 l976.

AUTHORIZATION OF APPROPRIATIONS

SEC. 10. (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, not
more than the following amounts may be expended for the acquisition of
lands and interests in lands authorized to be acquired pursuant to the
provisions of this Act: for the Appalachian National Scenic Trail, not
to exceed \$30,000,000 for fiscal year 1979, \$30,000,000 for fiscal
year 1980, and \$30,000,000 for fiscal year 1981, except that the
difference between the foregoing amounts and the actual appropriations
in any one fiscal year shall be available for appropriation in
subsequent fiscal years.

\(2\) It is the express intent of the Congress that the Secretary should
substantially complete the land acquisition program necessary to insure
the protection of the Appalachian Trail within three complete fiscal
years following the date of enactment of this sentence.

\(b\) For the purposes of Public Law 95‑42 (91 Stat. 211), the lands and
interests therein acquired pursuant to this section shall be deemed to
qualify for funding under the provisions of section 1, clause 2, of said
Act.

(c)(1) There is hereby authorized to be appropriated such sums as may be
necessary to implement the provisions of this Act relating to the trails
designated by paragraphs 5(a)(3), (4), (5), (6), (7), (8), (9) and (10):
[Provided]{.underline}, That no such funds are authorized to be
appropriated prior to October 1, 1978: [And provided
further]{.underline}, That notwithstanding any other provisions of this
Act 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 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 7(c), along with such trail in each State crossed
by the trail.

\(2\) Except as otherwise provided in this Act, there is authorized to
be appropriated such sums as may be necessary to implement the
provisions of this Act relating to the trails designated by section
5(a). Not more than \$500,000 may be appropriated for the purposes of
acquisition of land and interests therein for the trail designated by
section 5(a)(12) of this Act, and not more than \$2,000,000 may be
appropriated for the purposes of the development of such trail. The
administrating agency for the trail shall encourage volunteer trail
groups to participate in the development of the trail.

VOLUNTEER TRAILS ASSISTANCE

SEC. 11. (a)(1) In addition to the cooperative agreement and other
authorities contained in this Act, the Secretary of the Interior, the
Secretary of Agriculture, and the head of any Federal agency
administering Federal lands, are authorized to encourage volunteers and
volunteer organizations to plan, develop, maintain, and manage, where
appropriate, trails throughout the Nation.

\(2\) Wherever appropriate in furtherance of the purposes of this Act,
the Secretaries are authorized and encouraged to utilize the Volunteers
in the Parks Act of 1969, the Volunteers in the Forests Act of 1972, and
section 6 of the Land and Water Conservation Fund Act of 1965 (relating
to the development of Statewide Comprehensive Outdoor Recreation Plans).

\(b\) Each Secretary or the head of any Federal land managing agency,
may assist volunteers and volunteers organizations in planning,
developing, maintaining, and managing trails. Volunteer work may
include, but need not be limited to‑‑

\(1\) planning, developing, maintaining, or managing (A) trails which
are components of the national trails system, or (B) trails which, if so
developed and maintained, could qualify for designation as components of
the national trails system; or

\(2\) operating programs to organize and supervise volunteer trail
building efforts with respect to the trails referred to in paragraph
(1), conducting trail-related research projects, or providing education
and training to volunteers on methods of trails planning, construction,
and maintenance.

\(c\) The appropriate Secretary or the head of any Federal land managing
agency may utilize and 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.

SEC. 12. As used in this Act:

\(1\) The term \"high potential historic sites\" means those historic
sites related to the route, or sites in close proximity thereto, which
provide opportunity to interpret the historic significance of the trail
during the period of its major use. Criteria for consideration as high
potential sites include historic significance, presence of visible
historic remnants, scenic quality, and relative freedom from intrusion.

\(2\) The term \"high potential route segments\" means those segments of
a trail which would afford high quality recreation experience in a
portion of the route having greater than average scenic values or
affording an opportunity to vicariously share the experience of the
original users of a historic route.

\(3\) The term \"State\" means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific
Islands, the Northern Mariana Islands, and any other territory or
possession of the United States.

\(4\) The term \"without expense to the United States\" means that no
funds may be expended by Federal agencies for the development of trail
related facilities or for the acquisition of lands or interest in lands
outside the exterior boundaries of Federal areas. For the purposes of
the preceding sentence, amounts made available to any State or political
subdivision under the Land and Water Conservation Fund Act of 1965 or
any other provision of law shall not be treated as an expense to the
United States.

[^1]: ^?^ Section 1 of Public Law 102-328, approved August 3, 1992,
    amended section 5(a) of the National Trails System Act to authorize
    the California and Pony Express National Historic Trails. Section 2
    of Public Law 102-328 authorized a further study relating to the
    Pony Express Trail. However, Section 2 was not amended into the
    National Trails System Act. The text of section 2 is as follows:

    \"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. 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 Interior and Insular Affairs
    of the United States House of Representatives and the Committee on
    Energy and Natural Resources of the United States Senate.\"

[^2]: ^?^ Should be \"Herna[n]{.underline}do\". Incorrectly spelled in
    Section 3 of P.L. l00‑l87 which amended the National Trails System
    Act by adding this paragraph. It was correctly spelled in Section 2
    of P.L. l00‑l87.