National Trails System Improvements Act of 1988
PL 100-470 (S.1544), enacted 10/04/1988

PUBLIC LAW 100-470—OCT. 4, 1988 
102 STAT. 2281 
Public Law 100-470 
100th Congress 
An Act 
To amend the National Trails System Act to provide for coop)eration with State and 
local governments for the improved management of certain Federal lands, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "National Trails System Improve-
ments Act of 1988". 
SEC. 2. FINDINGS. 
Congress hereby finds that— 
(1) State and local governments have a special role to play 
under the National Trails System Act in acquiring and develop-
ing trails for recreation and conservation purposes. 
(2) Many miles of public land rights-of-way have been granted 
to the railroads by the United States, and much of this mileage 
could be suitable for trail use at such time as it may be 
abandoned. 
(3) The United States should retain any residual interest it 
may have in such public land rights-of-way and relinquish it, 
where appropriate, in favor of State and local governments or 
other nonprofit entities for trail purposes. 
SEC. 3. NATIONAL TRAILS SYSTEM ACT AMENDMENTS. 
Section 9 of the National Trails System Act (16 U.S.C. 1248) is 
amended by adding the following new subsections after subsection 
(b): 
"(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, 1922 (43 
U.S.C. 912), shall remain in the United States upon the abandon-
ment 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 
Oct. 4, 1988 
[S. 1544] 
National Trails 
System 
Improvements 
Act of 1988. 
Conservation. 
Public lands. 
Recreation. 
16 u s e 1241 
note. 
16 u s e 1248 
note. 
Highways. 
National Forest 
System. 
102 STAT. 2282 
PUBLIC LAW 100-470—OCT. 4, 1988 
National Forest 
System. 
Public 
information. 
Policy and Management Act of 1976 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)(1) The Secretary of the Interior is authorized where appro-
priate to rele£ise 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 other-
wise 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 pursu-
ant 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 1976, to be suitable for sale. 
Prior to conducting any such sale, the Secretary shall take appro-
priate steps to afford a unit of State or local government or any 
other entity an opportunity to seek to obtain such portion pursuant 
to paragraph (1) of this subsection. 
"(3) All proceeds from sales of such retained rights of way shall be 
deposited into the Treasury of the United States and credited to the 
PUBLIC LAW 100-470—OCT. 4, 1988 
102 STAT. 2283 
Land and Water Conservation Fund as provided in section 2 of 
the Land and Water Conservation Fund Act of 1965. 
"(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 mean-
ing given such term in the Alaska National Interest Lands 
Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.), 
except that such term shall also include units outside Alaska. 
"(2) The term 'public lands' has the same meaning given such 
term in the Federal Land Policy and Management Act of 1976.". 
SEC. 4. IDITAROD HISTORIC TRAIL ADVISORY COUNCIL. 
Section 5 of the National Trails System Act (16 U.S.C. 1241), as 
amended, is further amended as follows: In subsection 5(d) after the 
phrase "each of which councils shall expire ten years from the date 
of its establishment." insert "establishment, except that the Ad-
visory Council established for the Iditarod Historic Trail shall expire 
twenty years from the date of its establishment.". 
SEC. 5. CONDEMNATION. 
(a) Nothing in this Act shall be construed as authorizing the 
Secretary of the Interior to use condemnation proceedings to retain 
or acquire all or any portion of a right-of-way described in this Act. 
(b) Nothing in this Act shall be construed to expand or diminish 
existing condemnation authorities contained in the National Trails 
System Act, as amended. 
Approved October 4, 1988. 
Reports. 
Termination 
date. 
16 u s e 1244. 
12 u s e 1248 
note. 
LEGISLATIVE HISTORY—S. 1544 (H.R. 2641): 
HOUSE REPORTS: No. 100-572 accompanying H.R. 2641 (Coram, on Interior and 
Insular Affairs). 
SENATE REPORTS: No. 100-408 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Apr. 19, H.R. 2641 considered and passed House. 
July 6, S. 1544 considered and passed Senate. 
Aug. 2, considered and passed House, amended. 
Sept. 19, Senate concurred in House amendments.