16 U.S.C. § 1249 — Authorization of appropriations

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’’. Page 1684 TITLE 16—CONSERVATION § 1250 1 See References in Text note below. 2 So in original. Probably should be preceded by ‘‘section’’. 2009—Subsec. (c). Pub. L. 111–11 added subsec. (c) and struck out former subsec. (c) which appropriated such sums as necessary to implement the provisions of this chapter relating to the trails designated by section 1244(a) of this title. 2004—Subsec. (c)(1). Pub. L. 108–352 substituted ‘‘the Ice Age’’ for ‘‘The Ice Age’’. 1996—Subsec. (a)(2). Pub. L. 104–333 struck out at end ‘‘Until the entire acquisition program is completed, he shall transmit in writing at the close of each fiscal year the following information to the Committee on Energy and Natural Resources of the Senate and to the Committee on Natural Resources of the House of Rep- resentatives: ‘‘(A) the amount of land acquired during the fiscal year and the amount expended therefor; ‘‘(B) the estimated amount of land remaining to be acquired; and ‘‘(C) the amount of land planned for acquisition in the ensuing fiscal year and the estimated cost there- of.’’ 1994—Subsec. (a)(2). Pub. L. 103–437 in introductory provisions substituted ‘‘Natural Resources’’ for ‘‘Inte- rior and Insular Affairs’’ after ‘‘Committee on’’. 1990—Subsec. (c)(2). Pub. L. 101–365 amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘There is hereby authorized to be ap- propriated for fiscal year 1983 and subsequent fiscal years such sums as may be necessary to implement the provisions of this chapter relating to the trails des- ignated by paragraphs (9), (10), (11), (12), (13), (15), and (16) of section 1244(a) of this title.’’ 1987—Subsec. (c)(2). Pub. L. 100–192 substituted ‘‘, (10), (11), (12), (13), (15), and (16)’’ for ‘‘through (13) and (15)’’. Pub. L. 100–35 inserted ‘‘and (15)’’ after ‘‘(13)’’. 1983—Subsec. (a)(1). Pub. L. 98–11, § 209(1), (2), inserted ‘‘(a)(1)’’ before ‘‘There are hereby authorized to be ap- propriated’’ at beginning of undesignated opening para- graph, and substituted ‘‘for the’’ for ‘‘(a) The’’ before ‘‘Appalachian National Scenic Trail’’ at beginning of former subsec. (a). Subsec. (a)(2). Pub. L. 98–11, § 209(3), (4), inserted ‘‘(2)’’ before sentence beginning ‘‘It is the express intent of the Congress’’ and substituted ‘‘protection of the Appa- lachian Trail’’ for ‘‘protection of the Trail’’. Subsec. (c). Pub. L. 98–11, § 209(5), designated existing provisions as par. (1), inserted provision that funds may be expended for the acquisition of lands or interests therein for the purpose of providing for one trail inter- pretation site, as described in section 1246(c) of this title, and added par. (2). 1980—Subsec. (c). Pub. L. 96–370 substituted ‘‘(7), (8), (9), and (10)’’ for ‘‘(7), and (8)’’ and inserted reference to the Ice Age National Scenic Trail. Pub. L. 96–199 inserted references to the North Coun- try National Scenic Trail in two places, once by its full name and once by the designation as the trail ‘‘des- ignated by’’ section 1244(a)(8) of this title, substituted ‘‘appropriated prior to October 1, 1978’’ for ‘‘appro- priated prior to October 1, 1979’’, and substituted ‘‘no funds may be expended by Federal agencies for the ac- quisition of lands or interests in lands outside the exte- rior boundaries of existing Federal area’’ for ‘‘no funds may be expended for the acquisition of lands or inter- ests in lands’’. 1978—Pub. L. 95–248 inserted provisions relating to de- terminations respecting appropriations authorized for fiscal year 1979 and succeeding fiscal years. Subsec. (a). Pub. L. 95–625 struck out par. (1) designa- tion, substituted ‘‘in subsequent fiscal years’’ for ‘‘in the subsequent fiscal year’’ and struck out par. (2) which provided for transmission of a report to Congres- sional committees by the Appalachian Trail Conference at the close of each fiscal year, until entire acquisition program was completed, covering conduct of negotia- tions for acquisition program and whether larger inter- ests in land were being acquired than were necessary for the purposes of this chapter. Subsec. (c). Pub. L. 95–625 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF APPROPRIATION AUTHORIZATIONS UNDER PUB. L. 98–11; CONTRACT AUTHORITY Pub. L. 98–11, title I, § 101, Mar. 28, 1983, 97 Stat. 42, provided that: ‘‘Authorizations of appropriations under this Act [enacting sections 1250 and 1251 of this title, amending this section and sections 1241 to 1247 of this title, and enacting provisions set out as a note under section 1241 of this title] shall be effective only for the fiscal year beginning on October 1, 1983, and subsequent fiscal years. Notwithstanding any other provision of this Act, authority to enter into contracts, and to make payments, under this Act shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.’’ APPROPRIATIONS FOR OVERMOUNTAIN VICTORY NA- TIONAL HISTORIC TRAIL AND ICE AGE NATIONAL SCE- NIC TRAIL; EFFECTIVE DATE; CONTRACT AUTHORITY Pub. L. 96–370, § 2, Oct. 3, 1980, 94 Stat. 1360, provided that: ‘‘Authorizations of moneys to be appropriated under this Act [amending sections 1244 and 1249 of this title] shall be effective on October 1, 1981. Notwith- standing any other provision of this Act, authority to enter into contracts, to incur obligations, or to make payments under this Act shall be effective only to the extent, and in such amounts, as are provided in ad- vance in appropriation Acts.’’ § 1250. Volunteer trails assistance (a) Volunteer planning, development, mainte- nance, and management of trails (1) In addition to the cooperative agreement and other authorities contained in this chapter, 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 organiza- tions to plan, develop, maintain, and manage, where appropriate, trails throughout the Nation. (2) Wherever appropriate in furtherance of the purposes of this chapter, the Secretaries are au- thorized and encouraged to utilize section 102301 of title 54, the Volunteers in the Forests Act of 1972 1 [16 U.S.C. 558a et seq.], and 200305 2 of title 54 (relating to the development of Statewide Comprehensive Outdoor Recreation Plans). (b) Scope of volunteer work Each Secretary or the head of any Federal land managing agency may assist volunteers and volunteer organizations in planning, devel- oping, maintaining, and managing trails. Volun- teer 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 su- pervise 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 volun- teers on methods of trails planning, construc- tion, and maintenance.