THE NATIONAL TRAILS SYSTEM ACT

(P.L. 90-543)

(16 U.S.C. 1241-1251)

as amended through P.L. 106-509, November 13, 2000 

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. [16USC1241]

(a) In order to provide for the ever-increasing outdoor recreation needs of an expanding

population and in order to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation, trails

should be established (I) primarily, near the urban areas of the Nation, and (ii) secondarily, within

scenic areas and along historic travel routes of the Nation which are often more remotely located.

(b) The purpose of this Act is to provide the means for attaining these objectives by instituting a national system of recreation, scenic and historic trails, by designating the Appalachian

Trail and the Pacific Crest Trail as the initial components of that system, and by prescribing the

methods by which, and standards according to which, additional components may be added to the

system.

(c) The Congress recognizes the valuable contributions that volunteers and private, nonprofit trail groups have made to the development and maintenance of the Nation’s trails. In recognition of these contributions, it is further the purpose of this Act to encourage and assist volunteer

citizen involvement in the planning, development, maintenance, and management, where appropriate, of trails.

NATIONAL TRAILS SYSTEM

SEC. 3. [16USC1242] (a) The national system of trails shall be composed of the following: 

(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

Appendix B

NATIONAL TRAILS SYSTEM ACT (P.L. 90-543), AS AMENDED

Appendix B 163
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. [16USC1243]

(a) The Secretary of the Interior, or the Secretary of Agriculture where lands administered

by him are involved, may establish and designate national recreation trails, with the consent of the

Federal agency, State, or political subdivision having jurisdiction over the lands involved, upon

finding that —

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

(ii) such trails meet the criteria established in this 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 sub164 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY
divisions, 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. [16USC1244] (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:

(21) El Camino Real de tierra adentro —

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

National Historic Trail, a 404 mile long trail from 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 - A map generally depicting the trail shall be on file and

available for public inspection in the Office of the National Park

Service, Department of the Interior.

(C) ADMINISTRATION - The Trail shall be administered

by the Secretary of the Interior.

(D) LAND ACQUISTION - No lands or interests therein

outside the exterior boundaries of any federally administered area may be acquired by the Federal Goverment for El

Camino Real de Tierra Adentro except with the consent of

the owner thereof.

(E) VOLUNTEER GROUPS; CONSULTATION - The

Secretary of the Interior shall —

(i) encourage volunteer groups to participate

in the development and maintenance of the

trail; and

(ii) consult with other affected Federal, State,

local governmental, and tribal agencies in

the administration of the trail. 

(F) COORDINATION OF ACTIVITIES -The Secretary of

the Interior may coordinate with United States and Mexican

public and non-governmental organizations, academic

institutions, and in consultation with the Secretary of State,

the government of Mexico and its political subdivisions, for

Appendix B 165
the purpose of exchanging trail information and research,

fostering trail preservation and education programs, providing technical assistance, and working to establish an

international historic trail with complementary preservation

and education programs in each nation.

(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 num166 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY
ber 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) 

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

extending from Mexico City, Mexico, across the international border at El

Paso, Texas, to Santa Fe, New Mexico.

(B) The study shall (i) examine changing routes within the general corridor;

(ii) examine major connecting branch routes; and (iii) give due consideration to alternative name designations.

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

the Government of Mexico (including, but not limited to providing technical assistance) to determine the suitability and feasibility of establishing an

international historic route along the El Camino Real de Tierra Adentro.

Appendix B 167
(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, That the Appalachian Trail

Conference shall be represented by a sufficient number of persons to represent the various sections of the country through which the Appalachian Trail passes; and

(4) the Secretary shall designate one member to be chairman and shall fill vacancies

in the same manner as the original appointment.

(e) Within two complete fiscal years of the date of enactment of legislation designating a

national scenic trail, except for the Continental Divide National Scenic Trail and the North

Country National Scenic Trail, as part of the system, and within two complete fiscal years of the

date of enactment of this subsection for the Pacific Crest and Appalachian Trails, the responsible

Secretary shall, after full consultation with affected Federal land managing agencies, the

Governors of the affected States, the relevant advisory council established pursuant to section 5(d),

and the Appalachian Trail Conference in the case of the Appalachian Trail, submit to the

Committee on Interior and Insular Affairs of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate, a comprehensive plan for the acquisition, management, development, and use of the trail, including but not limited to, the following items:

(1) specific objectives and practices to be observed in the management of the trail,

including the identification of all significant natural, historical, and cultural resources to be preserved (along with high potential historic sites and high potential route segments in the case of

national historic trails), details of any anticipated 

cooperative agreements to be consummated with other entities, and an identified carrying capacity

of the trail and a plan for its implementation;

168 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY
(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. [16USC1245] Connecting or side trails within park, forest, and other recreation areas

administered by the Secretary of the Interior or Secretary of Agriculture may be established, designated, and marked by the appropriate Secretary as components of a national recreation, national

scenic or national historic trail. When no Federal land acquisition is involved, connecting or side

trails may be located across lands administered by interstate, State, or local governmental agencies

with their consent, or, where the appropriate Secretary deems necessary or desirable, on privately

owned lands with the consent of the landowners. Applications for approval and designation of

connecting and side trails on non-Federal lands shall be submitted to the appropriate Secretary.

Appendix B 169
ADMINISTRATION AND DEVELOPMENT

SEC. 7. [16USC1246]

(a) (1) (A) The Secretary charged with the overall administration of a trail pursuant to section 5(a) shall, in administering and managing the trail, consult with the heads of all

other affected State and Federal agencies. Nothing contained in this Act shall be deemed to transfer among Federal agencies any management responsibilities established under any other law for

federally administered lands which are components of the National Trails System. Any transfer of

management responsibilities may be carried out between the Secretary of the Interior and the

Secretary of Agriculture only as provided under subparagraph (B).

(B) The Secretary charged with the overall administration of any trail pursuant to section 5(a) may transfer management of any specified trail segment of such trail to the

other appropriate Secretary pursuant to a joint memorandum of agreement containing such terms

and conditions as the Secretaries consider most appropriate to accomplish the purposes of this

Act. During any period in which management responsibilities for any trail segment are transferred

under such an agreement, the management of any such segment shall be subject to the laws, rules,

and regulations of the Secretary provided with the management authority under the agreement

except to such extent as the agreement may otherwise expressly provide. 

(2) Pursuant to section 5(a), the appropriate Secretary shall select the

rights-of-way for national scenic and national historic trails and shall publish notice thereof of

the availability of appropriate maps or descriptions in the Federal Register; Provided, That in

selecting the 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, 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, That the Secretary charged with the

170 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY
administration of such trail shall establish regulations which shall authorize the use of motorized

vehicles when, in his judgment, such vehicles are necessary to meet emergencies or to enable adjacent landowners or land users to have reasonable access to their lands or timber rights: Provided

further, That private lands included in the national recreation, national scenic, or national historic

trails by cooperative agreement of a landowner shall not preclude such owner from using motorized vehicles on or across such trails or adjacent lands from time to time in accordance with regulations to be established by the appropriate Secretary. Where a national historic trail follows

existing public roads, developed rights-of-way or waterways, and similar features of man’s nonhistorically related development, approximating the original location of a historic route, such segments may be marked to facilitate retracement of the historic route, and where a national historic

trail parallels an existing public road, such road may be marked to commemorate the historic

route. Other uses along the historic trails and the Continental Divide National Scenic Trail, which

will not substantially interfere with the nature and purposes of the trail, and which, at the time of

designation, are allowed by administrative regulations, including the use of motorized vehicles,

shall be permitted by the Secretary charged with 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, That if the State or

local governments fail to enter into such written cooperative agreements or to acquire such lands

or interests therein after notice of the selection of the right-of-way is published, the appropriate

Secretary, may (i) enter into such agreements with landowners, States, local governments, private

organizations, and individuals for the use of lands for trail purposes, or (ii) acquire private lands

or interests therein by donation, purchase with donated or appropriated funds or exchange in

accordance with the provisions of subsection (f) of this section: Provided further, That the appropriate Secretary may acquire lands or interests therein from local governments or governmental

corporations with the consent of such entities. The lands involved in such rights-of-way should be

acquired in fee, if other methods of public control are not sufficient to assure their use for the

purpose for which they are acquired: Provided, That if the Secretary charged with the administration of such trail permanently relocates the right-of-way and disposes of all title or interest in the

Appendix B 171
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, 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, develop172 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY
ment, 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

Appendix B 173
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. [16USC1247] (a) The Secretary of the Interior is directed to encourage States to consider,

in their comprehensive statewide outdoor recreation plans and proposals for financial assistance

for State and local projects submitted pursuant to the Land and Water Conservation Fund Act,

needs and opportunities for establishing park, forest, and other recreation and historic trails on

lands owned or administered by States, and recreation and historic trails on lands in or near urban

areas. The Secretary is also directed to encourage States to consider, in their comprehensive

statewide historic preservation plans and proposals for financial assistance for State, local, and

private projects submitted pursuant to the Act of October 15, 1966 (80 Stat. 915), as amended, needs

and opportunities for establishing historic trails. He is further directed in accordance with the

authority contained in the Act of May 28, 1963 (77 Stat. 49), to encourage States, political subdivisions, and private interests, including nonprofit organizations, to establish such trails.

(b) The Secretary of Housing and Urban Development is directed, in administering the

program of comprehensive urban planning and assistance under section 701 of the Housing Act of

1954, to encourage the planning of recreation trails in connection with the recreation and transportation planning for metropolitan and other urban areas. He is further directed, in administering the urban open space program under title VII of the Housing Act of 1961, to encourage such

recreation trails.

(c) The Secretary of Agriculture is directed, in accordance with authority vested in him, to

encourage States and local agencies and private interests to establish such trails.

(d) The Secretary of Transportation, the Chairman of the Interstate Commerce

Commission, and the Secretary of the Interior, in administering the Railroad Revitalization and

Regulatory Reform Act of 1976, shall encourage State and local agencies and private interests to

establish appropriate trails using the provisions of such programs. Consistent with the purposes of

that Act, and in furtherance of the national policy to preserve established railroad rights-of-way

for future reactivation of rail service, to protect rail transportation corridors, and to encourage

energy efficient transportation use, in the case of interim use of any established railroad

rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with

the National Trails System Act, if such interim use is subject to restoration or reconstruction for

railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as

an abandonment of the use of such rights-of-way for railroad purposes. If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management

of such rights-of-way and for any legal liability arising out of such transfer or use, and for the

payment of any and all taxes that may be levied or assessed against such rights-of-way, then the

Commission shall impose such terms and conditions as a requirement of any transfer or conveyance for interim use in a manner consistent with this Act, and shall not permit abandonment or

discontinuance inconsistent or disruptive of such use.

(e) Such trails may be designated and suitably marked as parts of the nationwide system of

trails by the States, their political subdivisions, or other appropriate administering agencies with

the approval of the Secretary of the Interior.

174 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY
RIGHTS-OF-WAY AND OTHER PROPERTIES

SEC. 9. [16USC1248] (a) The Secretary of the Interior or the Secretary of Agriculture as the case

may be, may grant easements and rights-of-way upon, over, under, across, or along any component of the national trails system in accordance with the laws applicable to the national park system and the national forest system, respectively: Provided, That any conditions contained in such

easements and rights-of-way shall be related to the policy and purposes of this Act.

(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) (1) All rights-of-way, or portions thereof, retained by the United States pursuant to

subsection (c) which are located within the boundaries of a conservation system unit or a National

Forest shall be added to and incorporated within such unit or National Forest and managed in

accordance with applicable provisions of law, including this Act.

(2) All such retained rights-of-way, or portions thereof, which are located outside

the boundaries of a conservation system unit or a National Forest but adjacent to or contiguous

with any portion of the public lands shall be managed pursuant to the Federal Land Policy and

Management Act of 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

Appendix B 175
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 —

(1) The term “conservation system unit” has the same meaning given such

term in the Alaska National Interest Lands Conservation Act (Public Law

96-487; 94 Stat. 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. [16USC1249] (a) (1) There are hereby authorized to be appropriated for the acquisition of lands or interests in lands not more than $5,000,000 for the Appalachian National Scenic

Trail and not more than $500,000 for the Pacific Crest National Scenic Trail. From the appropriations authorized for fiscal year 1979 and succeeding fiscal years pursuant to the Land and Water

Conservation Fund Act (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

176 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY
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, That no such funds are authorized to be appropriated prior to

October 1, 1978: And provided further, 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. [16USC1250] (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

Appendix B 177
and volunteers organizations in planning, developing, maintaining, and managing trails. Volunteer

work may include, but need not be limited to—

(1) planning, developing, maintaining, or managing (A) trails which are components

of the national trails system, or (B) trails which, if so developed and maintained, could qualify for

designation as components of the national trails system; or

(2) operating programs to organize and supervise volunteer trail building efforts

with respect to the trails referred to in paragraph (1), conducting trail-related research projects, or

providing education and training to volunteers on methods of trails planning, construction, and

maintenance.

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

and to make available Federal facilities, equipment, tools, and technical assistance to volunteers

and volunteer organizations, subject to such limitations and restrictions as the appropriate

Secretary or the head of any Federal land managing agency deems necessary or desirable.

DEFINITIONS

SEC. 12. [16USC1251] As used in this Act:

(1) The term “high potential historic sites” means those historic sites related to the route,

or sites in close proximity thereto, which provide opportunity to interpret the historic significance

of the trail during the period of its major use. Criteria for consideration as high potential sites

include historic significance, presence of visible historic remnants, scenic quality, and relative

freedom from intrusion.

(2) The term “high potential route segments” means those segments of a trail which would

afford high quality recreation experience in a portion of the route having greater than average

scenic values or affording an opportunity to vicariously share the experience of the original users

of a historic route.

(3) The term “State” means each of the several States of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the

Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or

possession of the United States.

(4) The term “without expense to the United States” means that no funds may be expended

by Federal agencies for the development of trail related facilities or for the acquisition of lands or

interest in lands outside the exterior boundaries of Federal areas. For the purposes of the preceding sentence, amounts made available to any State or political subdivision under the Land and

Water Conservation Fund Act of 1965 or any other provision of law shall not be treated as an

expense to the United States.

END

178 APPENDIXES/GLOSSARY/A SELECTED BIBLIOGRAPHY