16 U.S.C. § 1248 — Easements and rights-of-way

Page 1681 TITLE 16—CONSERVATION § 1248 (e) Designation and marking of trails; approval of Secretary of the Interior Such trails may be designated and suitably marked as parts of the nationwide system of trails by the States, their political subdivisions, or other appropriate administering agencies with the approval of the Secretary of the Inte- rior. (Pub. L. 90–543, § 8, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95–625, title V, § 551(22), Nov. 10, 1978, 92 Stat. 3516; Pub. L. 98–11, title II, § 208, Mar. 28, 1983, 97 Stat. 48; Pub. L. 104–88, title III, § 317(1), Dec. 29, 1995, 109 Stat. 949; Pub. L. 113–287, § 5(d)(24), Dec. 19, 2014, 128 Stat. 3266; Pub. L. 117–58, div. B, title I, § 21301(j)(1), Nov. 15, 2021, 135 Stat. 691.) Editorial Notes REFERENCES IN TEXT Section 701 of the Housing Act of 1954, referred to in subsec. (b), was classified to section 461 of former Title 40, Public Buildings, Property, and Works, prior to re- peal by Pub. L. 97–35, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398. The Housing Act of 1961, referred to in subsec. (b), is Pub. L. 87–70, June 30, 1961, 75 Stat. 149. Title VII of the Housing Act of 1961 was classified generally to chapter 8C (§ 1500 et seq.) of Title 42, The Public Health and Wel- fare, and was omitted from the Code pursuant to sec- tion 5316 of Title 42 which terminated authority to make grants or loans under such title VII after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 12, Banks and Banking, and Tables. The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (d), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45, Railroads, and Tables. AMENDMENTS 2021—Subsec. (d). Pub. L. 117–58 inserted ‘‘(45 U.S.C. 801 et seq.) and chapter 224 of title 49’’ after ‘‘Reform Act of 1976’’. 2014—Subsec. (a). Pub. L. 113–287 substituted ‘‘chapter 2003 of title 54’’ for ‘‘the Land and Water Conservation Fund Act’’, ‘‘division A of subtitle III of title 54’’ for ‘‘the Act of October 15, 1966 (80 Stat. 915), as amended’’, and ‘‘chapter 2003 of title 54’’ for ‘‘the Act of May 28, 1963 (77 Stat. 49’’. 1995—Subsec. (d). Pub. L. 104–88 substituted ‘‘Chair- man of the Surface Transportation Board’’ for ‘‘Chair- man of the Interstate Commerce Commission’’ and ‘‘the Board’’ for ‘‘the Commission’’. 1983—Subsecs. (d), (e). Pub. L. 98–11, § 208(2), added subsec. (d) and redesignated former subsec. (d) as (e). 1978—Subsec. (a). Pub. L. 95–625 inserted ‘‘and his- toric’’ after ‘‘establishing park, forest, and other recre- ation’’ and ‘‘administered by States, and recreation’’, and directed the Secretary to encourage States to con- sider in their plans and proposals the needs and oppor- tunities for establishing historic trails. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. § 1248. Easements and rights-of-way (a) Authorization; conditions 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 appli- cable to the national park system and the na- tional forest system, respectively: Provided, That any conditions contained in such ease- ments and rights-of-way shall be related to the policy and purposes of this chapter. (b) Cooperation of Federal agencies with Sec- retary of the Interior and Secretary of Agri- culture The Department of Defense, the Department of Transportation, the Surface Transportation Board, the Federal Communications Commis- sion, the Secretary of Energy, 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 na- tional 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 val- ues suitable for trail purposes may be made available for such use. (c) Abandoned railroad grants; retention of rights Commencing October 4, 1988, any and all right, title, interest, and estate of the United States in all rights-of-way of the type described in section 912 of title 43, 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 section. (d) Location, incorporation, and management (1) All rights-of-way, or portions thereof, re- tained by the United States pursuant to sub- section (c) which are located within the bound- aries of a conservation system unit or a Na- tional Forest shall be added to and incorporated within such unit or National Forest and man- aged in accordance with applicable provisions of law, including this chapter. (2) All such retained rights-of-way, or portions thereof, which are located outside the bound- aries of a conservation system unit or a Na- tional Forest but adjacent to or contiguous with any portion of the public lands shall be managed pursuant to the Federal Land Policy and Man- agement Act of 1976 [43 U.S.C. 1701 et seq.] and other applicable law, including this section. (3) All such retained rights-of-way, or portions thereof, which are located outside the bound- aries of a conservation system unit or National Forest which the Secretary of the Interior de- termines suitable for use as a public rec- reational 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 appli- cable laws, as long as such uses do not preclude trail use. Page 1682 TITLE 16—CONSERVATION § 1248 (e) Release and quitclaim; conditions; sale; pro- ceeds (1) 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 bound- aries of any conservation system unit or Na- tional 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 In- terior 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 news- paper 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 in- compatible with its use for public recreation, then any and all right, title, and interest re- leased and quitclaimed by the Secretary pur- suant to this subsection shall revert to the United States. (B) Such unit or entity shall assume full re- sponsibility and hold the United States harm- less 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 liabil- ity 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 por- tion of a right-of-way retained by the United States pursuant to subsection (c) located out- side 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 Manage- ment Act of 1976 [43 U.S.C. 1713], 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 (1) of this subsection. (3) All proceeds from sales of such retained rights of way shall be deposited into the Treas- ury of the United States and credited to the Land and Water Conservation Fund as provided in section 200302 of title 54. (4) The Secretary of the Interior shall annu- ally report to the Congress the total proceeds from sales under paragraph (2) during the pre- ceding fiscal year. Such report shall be included in the President’s annual budget submitted to the Congress. (f) ‘‘Conservation system unit’’ and ‘‘public lands’’ defined 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. 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 [43 U.S.C. 1701 et seq.]. (Pub. L. 90–543, § 9, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95–91, title III, § 301(b), Aug. 4, 1977, 91 Stat. 578; Pub. L. 100–470, § 3, Oct. 4, 1988, 102 Stat. 2281; Pub. L. 104–88, title III, § 317(2), Dec. 29, 1995, 109 Stat. 949; Pub. L. 113–287, § 5(d)(25), Dec. 19, 2014, 128 Stat. 3266.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsecs. (d)(2) and (f)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Pub- lic Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. The Alaska National Interest Lands Conservation Act, referred to in subsec. (f)(1), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3101 of this title and Tables. AMENDMENTS 2014—Subsec. (e)(3). Pub. L. 113–287 substituted ‘‘sec- tion 200302 of title 54’’ for ‘‘section 460l–5 of this title’’. 1995—Subsec. (b). Pub. L. 104–88 substituted ‘‘Surface Transportation Board’’ for ‘‘Interstate Commerce Com- mission’’. 1988—Subsecs. (c) to (f). Pub. L. 100–470 added subsecs. (c) to (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Federal Power Commission’’ in subsec. (b) pursuant to Pub. L. 95–91, § 301(b), which is classified to section 7151(b) of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42. ABANDONED RAILROAD GRANTS; CONGRESSIONAL FINDINGS Pub. L. 100–470, § 2, Oct. 4, 1988, 102 Stat. 2281, provided that: ‘‘Congress hereby finds that— ‘‘(1) State and local governments have a special role to play under the National Trails System Act [16 Page 1683 TITLE 16—CONSERVATION § 1249 U.S.C. 1241 et seq.] in acquiring and developing 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.’’ CONDEMNATION Pub. L. 100–470, § 5, Oct. 4, 1988, 102 Stat. 2283, provided that: ‘‘(a) Nothing in this Act [amending this section and section 1244 of this title and enacting provisions set out as notes under this section and section 1241 of this title] 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 con- tained in the National Trails System Act, as amended [16 U.S.C. 1241 et seq.].’’ Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with system activities requiring coordination and ap- proval under this chapter and such functions of Sec- retary or other official in Department of Agriculture, insofar as they involve lands and programs under juris- diction of that Department, related to compliance with this chapter with respect to pre-construction, construc- tion, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Fed- eral Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anni- versary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 1249. Authorization of appropriations (a) Appalachian and Pacific Crest National Sce- nic Trails (1) There are hereby authorized to be appro- priated for the acquisition of lands or interests in lands not more than $5,000,000 for the Appa- lachian 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 pur- suant to chapter 2003 of title 54, not more than the following amounts may be expended for the acquisition of lands and interests in lands au- thorized to be acquired pursuant to the provi- sions of this chapter: for the Appalachian Na- tional 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 sub- sequent 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 March 21, 1978. (b) Land deemed to qualify for funding 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 qual- ify for funding under the provisions of section 1, clause 2, of said Act. (c) Authorization of appropriations (1) In general Except as otherwise provided in this chap- ter, there are authorized to be appropriated such sums as are necessary to implement the provisions of this chapter relating to the trails designated by section 1244(a) of this title. (2) Natchez Trace National Scenic Trail (A) In general With respect to the Natchez Trace Na- tional Scenic Trail (referred to in this para- graph as the ‘‘trail’’) designated by section 1244(a)(12) of this title— (i) not more than $500,000 shall be appro- priated for the acquisition of land or inter- ests in land for the trail; and (ii) not more than $2,000,000 shall be ap- propriated for the development of the trail. (B) Participation by volunteer trail groups The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail. (Pub. L. 90–543, § 10, Oct. 2, 1968, 82 Stat. 926; Pub. L. 95–248, § 1(5), Mar. 21, 1978, 92 Stat. 160; Pub. L. 95–625, title V, § 551(23), Nov. 10, 1978, 92 Stat. 3517; Pub. L. 96–199, title I, § 101(b)(4), Mar. 5, 1980, 94 Stat. 68; Pub. L. 96–370, § 1(b), Oct. 3, 1980, 94 Stat. 1360; Pub. L. 98–11, title II, § 209, Mar. 28, 1983, 97 Stat. 48; Pub. L. 100–35, § 1(b), May 8, 1987, 101 Stat. 302; Pub. L. 100–192, § 2, Dec. 16, 1987, 101 Stat. 1309; Pub. L. 101–365, § 2(b), Aug. 15, 1990, 104 Stat. 429; Pub. L. 103–437, § 6(d)(38), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(J), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 108–352, § 14(2), Oct. 21, 2004, 118 Stat. 1397; Pub. L. 111–11, title V, § 5301(b), Mar. 30, 2009, 123 Stat. 1161; Pub. L. 113–287, § 5(d)(26), Dec. 19, 2014, 128 Stat. 3266.) Editorial Notes REFERENCES IN TEXT Public Law 95–42 (91 Stat. 211), referred to in subsec. (b), is Pub. L. 95–42, June 10, 1977, 91 Stat. 210, which, to the extent classified to the Code, amended former sections 460l–5, 460l–7, and 460l–9 of this title. Section 1, clause 2 of said Act amended former section 460l–7 of this title. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–287 substituted ‘‘chap- ter 2003 of title 54’’ for ‘‘the Land and Water Conserva- tion Fund Act (78 Stat. 897), as amended’’.