16 U.S.C. § 1246 — Administration and development of na-

Page 1675 TITLE 16—CONSERVATION § 1246 De Soto Expedition Trail Commission, the purpose of which is to encourage and direct research, and to co- ordinate the distribution of interpretive materials to the public, regarding the De Soto expedition, the native societies the expedition encountered, and the effects of that contact, provided for the functions, staff, and pow- ers of the Commission, and authorized research, tech- nical assistance, and appropriations. AUTHORIZATION FOR DEVELOPMENT OF TRAILS INTERPRETATION CENTER IN IOWA Pub. L. 101–191, Nov. 29, 1989, 103 Stat. 1697, as amend- ed by Pub. L. 116–9, title II, § 2411, Mar. 12, 2019, 133 Stat. 752, authorized Secretary of the Interior to provide for development of a trails interpretation center in city of Council Bluffs, Iowa, set forth provisions relating to Congressional findings and purposes, plan and design of the center and implementation thereof, agreement for operation and maintenance of the center, cooperative agreements for technical assistance, extinguishment of any restrictions, covenants, reversions, limitations, or any other conditions imposed by the Economic Devel- opment Administration upon acceptance of donated land by Secretary, and conveyance of reversionary in- terest if operation of the center is determined no longer to be in the public interest, and authorized appropria- tions of not more than $8,400,000 to carry out the Act. SOUTHWESTERN PENNSYLVANIA INDUSTRIAL HERITAGE ROUTE Pub. L. 100–698, title II, §§ 201–203, Nov. 19, 1988, 102 Stat. 4622, authorized Secretary of the Interior to des- ignate, and authorized appropriations for, a vehicular tour route to provide for public appreciation, edu- cation, understanding, and enjoyment of certain na- tionally and regionally significant sites in south- western Pennsylvania. LEWIS AND CLARK NATIONAL HISTORIC TRAIL INTERPRETIVE CENTER, MONTANA Pub. L. 100–552, §§ 1–4, Oct. 28, 1988, 102 Stat. 2766, 2768, authorized Secretary of Agriculture to establish Lewis and Clark National Historic Trail Interpretive Center on certain lands in Montana, required the Secretary to administer the Center and to prepare a plan for devel- opment and interpretation of the Center, authorized Secretary to accept donations, enter into cooperative agreements for various services such as rescue, fire- fighting, law enforcement, and development and oper- ation of facilities, authorized Secretary to enter into agreements to provide educational and interpretive materials to the public, and authorized appropriations to carry out the Act and for construction of Center and associated structures and improvements. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE Pub. L. 100–515, Oct. 20, 1988, 102 Stat. 2563, as amend- ed by Pub. L. 103–243, May 4, 1994, 108 Stat. 613; Pub. L. 106–18, § 1, Apr. 8, 1999, 113 Stat. 28; Pub. L. 109–338, title VII, § 703(a), Oct. 12, 2006, 120 Stat. 1859; Pub. L. 110–229, title IV, § 475, May 8, 2008, 122 Stat. 827; Pub. L. 115–431, § 1(a), Jan. 10, 2019, 132 Stat. 5521; Pub. L. 116–9, title II, § 2408, Mar. 12, 2019, 133 Stat. 750, authorized Secretary of the Interior, acting through Director of National Park Service, with concurrence of agency having juris- diction over such roads, to designate and provide for a vehicular tour route along existing public roads linking certain nationally significant natural and cultural sites associated with coastal area of State of New Jer- sey, to be known as New Jersey Coastal Heritage Trail Route, and provided for termination of authority under this Act on Sept. 30, 2025. LAUREL HIGHLANDS NATIONAL RECREATIONAL TRAIL DESIGNATED AS PART OF POTOMAC HERITAGE TRAIL Pub. L. 99–500, § 101(h) [title I, § 113], Oct. 18, 1986, 100 Stat. 1783–242, 1783–262, and Pub. L. 99–591, § 101(h) [title I, § 113], Oct. 30, 1986, 100 Stat. 3341–242, 3341–262, pro- vided that: ‘‘The Secretary of the Interior is directed to designate the Laurel Highlands National Recreational Trail, as designated by the Secretary of the Interior pursuant to section 4 of the National Trails System Act [16 U.S.C. 1243], as part of the Potomac Heritage Trail, as requested by the State of Pennsylvania in its April 1984 application, subject to the provisions of paragraph (11) of section 5(a) of the National Trails System Act, as amended [16 U.S.C. 1244(a)(11)].’’ § 1245. Connecting or side trails; establishment, designation, and marking as components of national trails system; location Connecting or side trails within park, forest, and other recreation areas administered by the Secretary of the Interior or Secretary of Agri- culture may be established, designated, and marked by the appropriate Secretary as compo- nents 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 agen- cies with their consent, or, where the appro- priate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowner. Applications for approval and des- ignation of connecting and side trails on non- Federal lands shall be submitted to the appro- priate Secretary. (Pub. L. 90–543, § 6, Oct. 2, 1968, 82 Stat. 922; Pub. L. 95–625, title V, § 551(16), Nov. 10, 1978, 92 Stat. 3515; Pub. L. 98–11, title II, § 206, Mar. 28, 1983, 97 Stat. 45.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–11 substituted ‘‘marked by the appro- priate Secretary as components’’ for ‘‘marked as com- ponents’’ and ‘‘, or, where the appropriate Secretary deems necessary or desirable, on privately owned lands with the consent of the landowner. Applications for ap- proval and designation of connecting and side trails on non-Federal lands shall be submitted to the appropriate Secretary’’ for ‘‘: Provided, That such trails provide ad- ditional points of public access to national recreation, national scenic or national historic trails’’. 1978—Pub. L. 95–625 substituted ‘‘, national scenic or national historic’’ for ‘‘or national scenic,’’ and ‘‘, national scenic, or national historic’’ for ‘‘or sce- nic’’. § 1246. Administration and development of na- tional trails system (a) Consultation of Secretary with other agen- cies; transfer of management responsibilities; selection of rights-of-way; criteria for selec- tion; notice; impact upon established uses (1)(A) The Secretary charged with the overall administration of a trail pursuant to section 1244(a) of this title shall, in administering and managing the trail, consult with the heads of all other affected State and Federal agencies. Noth- ing contained in this chapter shall be deemed to transfer among Federal agencies any manage- ment 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). Page 1676 TITLE 16—CONSERVATION § 1246 (B) The Secretary charged with the overall ad- ministration of any trail pursuant to section 1244(a) of this title 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 chapter. During any period in which man- agement responsibilities for any trail segment are transferred under such an agreement, the management of any such segment shall be sub- ject to the laws, rules, and regulations of the Secretary provided with the management au- thority under the agreement, except to such ex- tent as the agreement may otherwise expressly provide. (2) Pursuant to section 1244(a) of this title, the appropriate Secretary shall select the rights-of- way for national scenic and national historic trails and shall publish notice of the availability of appropriate maps or descriptions in the Fed- eral Register: Provided, That in selecting the rights-of-way full consideration shall be given to minimizing the adverse effects upon the adja- cent landowner or user and his operation. Devel- opment and management of each segment of the National Trails System shall be designed to har- monize with and complement any established multiple-use plans for that 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 appro- priate Secretary. In selecting rights-of-way for trail purposes, the Secretary shall obtain the advice and assistance of the States, local gov- ernments, private organizations, and landowners and land users concerned. (b) Relocation of segment of national, scenic or historic, trail right-of-way; determination of necessity with official having jurisdiction; necessity for Act of Congress After publication of notice of the availability of appropriate maps or descriptions in the Fed- eral Register, the Secretary charged with the administration of a national scenic or national historic trail may relocate segments of a na- tional 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: Pro- vided, That a substantial relocation of the rights-of-way for such trail shall be by Act of Congress. (c) Facilities on national, scenic or historic, trails; permissible activities; use of motorized vehicles; trail markers; establishment of uni- form marker; placement of uniform markers; trail interpretation sites 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 shall be made to avoid activities incompatible with the purposes for which such trails were es- tablished. The use of motorized vehicles by the general public along any national scenic trail shall be prohibited and nothing in this chapter shall be construed as authorizing the use of mo- torized vehicles within the natural and histor- ical areas of the national park system, the na- tional wildlife refuge system, the national wil- derness 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 adminis- tration of such trail shall establish regulations which shall authorize the use of motorized vehi- cles when, in his judgment, such vehicles are necessary to meet emergencies or to enable ad- jacent landowners or land users to have reason- able access to their lands or timber rights: Pro- vided 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 accord- ance 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 facili- tate retracement of the historic route, and where a national historic trail parallels an ex- isting public road, such road may be marked to commemorate the historic route. Other uses along the historic trails and the Continental Di- vide National Scenic Trail, which will not sub- stantially interfere with the nature and pur- poses of the trail, and which, at the time of des- ignation, are allowed by administrative regula- tions, including the use of motorized vehicles, shall be permitted by the Secretary charged with the administration of the trail. The Sec- retary of the Interior and the Secretary of Agri- culture, in consultation with appropriate gov- ernmental agencies and public and private orga- nizations, shall establish a uniform marker, in- cluding thereon an appropriate and distinctive symbol for each national recreation, national scenic, and national historic trail. Where the trails cross lands administered by Federal agen- cies such markers shall be erected at appro- priate 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 Sec- retary shall provide such uniform markers to cooperating agencies and shall require such agencies to erect and maintain them in accord- ance with the standards established. The appro- priate Secretary may also provide for trail in- terpretation sites, which shall be located at his- Page 1677 TITLE 16—CONSERVATION § 1246 toric sites along the route of any national scenic or national historic trail, in order to present in- formation to the public about the trail, at the lowest possible cost, with emphasis on the por- tion 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 ap- propriate Secretary and the State agency. (d) Use and acquisition of lands within exterior boundaries of areas included within right-of- way 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, dona- tion, purchase with donated or appropriated funds or exchange. (e) Right-of-way lands outside exterior bound- aries of federally administered areas; cooper- ative agreements or acquisition; failure to agree or acquire; agreement or acquisition by Secretary concerned; right of first refusal for original owner upon disposal Where the lands included in a national scenic or national historic trail right-of-way are out- side of the exterior boundaries of federally ad- ministered 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 individ- uals 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 ac- quire 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 individ- uals for the use of lands for trail purposes, or (ii) acquire private lands or interests therein by do- nation, purchase with donated or appropriated funds or exchange in accordance with the provi- sions of subsection (f) of this section: Provided further, That the appropriate Secretary may ac- quire lands or interests therein from local gov- ernments 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 suffi- cient 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 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 re- fusal at the fair market price. (f) Exchange of property within the right-of-way by Secretary of the Interior; property subject to exchange; equalization of value of prop- erty; exchange of national forest lands by Secretary of Agriculture; tracts lying outside trail acquisition area (1) The Secretary of the Interior, in the exer- cise 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 lo- cated and which he classifies as suitable for ex- change or other disposal. The values of the prop- erties so exchanged either shall be approxi- mately equal, or if they are not approximately equal the values shall be equalized by the pay- ment of cash to the grantor or to the Secretary as the circumstances require. The Secretary of Agriculture, in the exercise of his exchange au- thority, 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 appro- priate Secretary may, with consent of a land- owner, acquire whole tracts notwithstanding that parts of such tracts may lie outside the area of trail acquisition. In furtherance of the purposes of this chapter, lands so acquired out- side the area of trail acquisition may be ex- changed for any non-Federal lands or interests therein within the trail right-of-way, or dis- posed of in accordance with such procedures or regulations as the appropriate Secretary shall prescribe, including: (i) provisions for convey- ance 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 ac- quired lands or interests therein upon payment or agreement to pay an amount equal to the highest bid price. For lands designated for ex- change or disposal, the appropriate Secretary may convey these lands with any reservations or covenants deemed desirable to further the pur- poses of this chapter. The proceeds from any dis- posal shall be credited to the appropriation bearing the costs of land acquisition for the af- fected trail. (g) Condemnation proceedings to acquire private lands; limitations; availability of funds for acquisition of lands or interests therein; ac- quisition of high potential, route segments or historic sites The appropriate Secretary may utilize con- demnation 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 interests therein by nego- tiation 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 pro- ceedings 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 Page 1678 TITLE 16—CONSERVATION § 1246 1 See References in Text note below. 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 chapter. For national his- toric trails, direct Federal acquisition for trail purposes shall be limited to those areas indi- cated by the study report or by the comprehen- sive plan as high potential route segments or high potential historic sites. Except for des- ignated 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 303 of title 49 unless such land or site is deemed to be of historical signifi- cance under appropriate historical site criteria such as those for the National Register of His- toric Places. (h) Development and maintenance of national, scenic or historic, trails; cooperation with States over portions located outside of feder- ally administered areas; cooperative agree- ments; participation of volunteers; reserva- tion of right-of-way for trails in conveyances by Secretary of the Interior (1) The Secretary charged with the adminis- tration 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 op- erate, 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, land- owners, 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 in- clude provisions for limited financial assistance to encourage participation in the acquisition, protection, operation, development, or mainte- nance of such trails, provisions providing volun- teer in the park or volunteer in the forest status (in accordance with section 102301 of title 54 and the Volunteers in the Forests Act of 1972 1 [16 U.S.C. 558a et seq.]) to individuals, private orga- nizations, or landowners participating in such activities, or provisions of both types. The ap- propriate Secretary shall also initiate consulta- tions with affected States and their political subdivisions to encourage— (A) the development and implementation by such entities of appropriate measures to pro- tect private landowners from trespass result- ing from trail use and from unreasonable per- sonal 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 chapter, for property within or adjacent to trail rights- of-way. After consulting with States and their political subdivisions under the preceding sen- tence, the Secretary may provide assistance to such entities under appropriate cooperative agreements in the manner provided by this sub- section. (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 chapter. (i) Regulations; issuance; concurrence and con- sultation; revision; publication; violations; penalties; utilization of national park or na- tional forest authorities The appropriate Secretary, with the concur- rence 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 ad- ministration of trails of the national trails sys- tem. In order to maintain good conduct on and along the trails located within federally admin- istered areas and to provide for the proper gov- ernment and protection of such trails, the Sec- retary of the Interior and the Secretary of Agri- culture shall prescribe and publish such uniform regulations as they deem necessary and any per- son who violates such regulations shall be guilty of a misdemeanor, and may be punished by a fine of not more than $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 de- termined in a manner consistent with sub- section (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) Types of trail use allowed Potential trail uses allowed on designated components of the national trails system may include, but are not limited to, the following: bi- cycling, cross-country skiing, day hiking, eques- trian activities, jogging or similar fitness ac- tivities, trail biking, overnight and long-dis- tance 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, bicy- cles, four-wheel drive or all-terrain off-road ve- hicles. In addition, trail access for handicapped individuals may be provided. The provisions of this subsection shall not supersede any other provisions of this chapter or other Federal laws, or any State or local laws. (k) Donations or other conveyances of qualified real property interests 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 deter- mined by the appropriate Secretary, landowners are authorized to donate or otherwise convey qualified real property interests to qualified or- ganizations consistent with section 170(h)(3) of Page 1679 TITLE 16—CONSERVATION § 1246 title 26, including, but not limited to, right-of- way, open space, scenic, or conservation ease- ments, without regard to any limitation on the nature of the estate or interest otherwise trans- ferable 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 pur- poses of section 6 of Public Law 96–541. (Pub. L. 90–543, § 7, Oct. 2, 1968, 82 Stat. 922; Pub. L. 95–248, § 1(3), (4), Mar. 21, 1978, 92 Stat. 160; Pub. L. 95–625, title V, § 551(17)–(21), Nov. 10, 1978, 92 Stat. 3515, 3516; Pub. L. 96–87, title IV, § 401(m)(2), (3), Oct. 12, 1979, 93 Stat. 666; Pub. L. 98–11, title II, § 207, Mar. 28, 1983, 97 Stat. 45; Pub. L. 113–287, § 5(d)(23), Dec. 19, 2014, 128 Stat. 3266.) Editorial Notes REFERENCES IN TEXT The Volunteers in the Forests Act of 1972, referred to in subsec. (h)(1), probably means the Volunteers in the National Forests Act of 1972, Pub. L. 92–300, May 18, 1972, 86 Stat. 147, which was classified generally to former sections 558a to 558d of this title, prior to being amended generally and renamed the Volunteers in the National Forests and Public Lands Act by Pub. L. 118–234, title III, § 341, Jan. 4, 2025, 138 Stat. 2913. Sec- tion 342 of Pub. L. 118–234, set out as a note under sec- tion 558a of this title, provides that a reference in any law to the Volunteers in National Forests Act of 1972 shall be deemed to be a reference to the Volunteers in the National Forests and Public Lands Act. For com- plete classification of this Act to the Code, see Short Title note set out under section 558a of this title and Tables. Section 6 of Public Law 96–541, referred to in subsec. (k), is section 6 of Pub. L. 96–541, Dec. 17, 1980, 94 Stat. 3206, which amended section 170 of Title 26, Internal Revenue Code, and enacted and amended provisions set out as notes under section 170 of Title 26. CODIFICATION In subsec. (g), ‘‘section 303 of title 49’’ substituted for ‘‘section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f))’’ on authority of Pub. L. 97–449, § 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which en- acted subtitle I (§ 101 et seq.) of Title 49, Transpor- tation. AMENDMENTS 2014—Subsec. (h)(1). Pub. L. 113–287 substituted ‘‘sec- tion 102301 of title 54’’ for ‘‘the Volunteers in the Parks Act of 1969’’ in introductory provisions. 1983—Subsec. (a). Pub. L. 98–11, § 207(a), designated ex- isting provisions as par. (2), added par. (1), and in par. (2) substituted ‘‘shall publish notice of the availability of appropriate maps or descriptions in the Federal Reg- ister’’ for ‘‘shall publish notice thereof in the Federal Register, together with appropriate maps and descrip- tions’’. Subsec. (b). Pub. L. 98–11, § 207(b), inserted ‘‘of the availability of appropriate maps or descriptions’’ after ‘‘After publication of notice’’, and struck out ‘‘together with appropriate maps and descriptions,’’ after ‘‘Fed- eral Register,’’. Subsec. (c). Pub. L. 98–11, § 207(c), inserted provision that the appropriate Secretary may also provide for trail interpretation sites, which shall be located at his- toric sites along the route of any national scenic or na- tional 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, and that, whenever possible, the sites be maintained by a State agency under a cooperative agreement between the appropriate Secretary and the State agency. Subsec. (e). Pub. L. 98–11, § 207(d), in first sentence, substituted ‘‘subsection (f) of this section’’ for ‘‘sub- section (g) of this section’’, and inserted a further pro- viso authorizing the appropriate Secretary to acquire lands or interests therein from local governments or governmental corporations with the consent of such en- tities. Subsec. (f). Pub. L. 98–11, § 207(e), designated existing provisions as par. (1) and added par. (2). Subsec. (g). Pub. L. 98–11, § 207(f), substituted ‘‘Except for designated protected components of the trail, no land or site located’’ for ‘‘No land or site located’’ in last sentence. Subsec. (h). Pub. L. 98–11, § 207(g), designated the first of two sentences of existing provisions as par. (1) and the last sentence as par. (2); and in par. (1), as so des- ignated, substituted ‘‘and maintain any portion of such a trail either within’’ for ‘‘and maintain any portion of a national scenic or national historic trail either with- in’’ and inserted third, fourth, and fifth sentences mak- ing provision for the inclusion in written cooperative agreements provisions for limited financial assistance to encourage participation in acquisition, protection, operation, development, or maintenance of trails and for volunteer in the park or volunteer in the forest sta- tus, for the initiation of consultations with affected States and their political subdivisions, and for the giv- ing of assistance after consultation under appropriate cooperative agreements. Subsec. (i). Pub. L. 98–11, § 207(h), added direction that the Secretary responsible for the administration of any segment of any component of the National Trails Sys- tem also utilize authorities related to units of the na- tional park system or the national forest system in carrying out his administrative responsibilities for such component. Subsecs. (j), (k). Pub. L. 98–11, § 207(i), added subsecs. (j) and (k). 1979—Subsecs. (c), (g). Pub. L. 96–87 made technical amendments to section 551(18) and (21) of Pub. L. 95–625 the net result of which expanded the provisions which had been added to subsecs. (c) and (g) of this section in 1978 by section 551(18) and (21) of Pub. L. 95–625. See 1978 Amendments note below. 1978—Subsec. (a). Pub. L. 95–625, § 551(17), substituted ‘‘national scenic and national historic trails’’ for ‘‘Na- tional Scenic Trails’’ in first sentence. Subsec. (b). Pub. L. 95–625, § 551(17), substituted ‘‘sce- nic or national historic’’ for ‘‘scenic’’ in two places. Subsec. (c). Pub. L. 95–625, § 551(17), (18), as amended Pub. L. 96–87, § 401(m)(2), substituted in first sentence ‘‘scenic or national historic’’ for ‘‘scenic’’, in second proviso ‘‘recreation, national scenic, or national his- toric’’ for ‘‘recreation or scenic’’ and in fifth sentence ‘‘recreation, national scenic, and national historic’’ for ‘‘recreation and scenic’’, and inserted following fourth sentence provisions relating to trail markers and provi- sions requiring the Secretary to allow 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, were allowed by administrative regulation, including the use of motor vehicles. Subsec. (d). Pub. L. 95–625, § 551(17), substituted ‘‘recreation, national scenic, or national historic’’ for ‘‘recreation or scenic’’. Pub. L. 95–248, § 1(3), struck out proviso relating to acreage limitation of acquisition. Subsec. (e). Pub. L. 95–625, § 551(17), (19), inserted ‘‘or national historic’’ after ‘‘scenic’’ in two places and struck out from first proviso ‘‘within two years’’ before ‘‘after notice of the selection of the right-of-way’’. Subsec. (g). Pub. L. 95–625, § 551(20), (21), as amended Pub. L. 96–87, § 401(m)(3), struck out second proviso ‘‘: Provided further, That condemnation is prohibited with respect to all acquisition of lands or interest in lands for the purposes of the Pacific Crest Trail’’ after ‘‘connecting trail right-of-way’’ and inserted provisions Page 1680 TITLE 16—CONSERVATION § 1247 1 So in original. The closing parenthesis preceding the comma probably should not appear. See 2014 Amendment note below. 2 See References in Text note below. that direct Federal acquisition for trail purposes be limited to high potential route segments or high poten- tial historic sites and that no land or site located along a designated national historic trail or along the Conti- nental Divide Scenic Trail be subject to the provisions of section 1653(f) of title 49 unless that land be deemed to be of historical significance under appropriate his- torical site criteria such as those for the National Reg- ister of Historic Places. Pub. L. 95–248, § 1(4), substituted ‘‘an average of one hundred and twenty-five acres per mile’’ for ‘‘twenty- five acres in any one mile’’, and struck out limitation on exercise of authority with respect to a connecting trail right-of-way. Subsec. (h). Pub. L. 95–625, § 551(17), substituted ‘‘recreation, national scenic, or national historic’’ for ‘‘recreation or scenic’’ in first sentence, and inserted ‘‘or national historic’’ after ‘‘scenic’’ in second sen- tence. Subsec. (i). Pub. L. 95–625, § 551(17), substituted ‘‘recreation, national scenic, or national historic’’ for ‘‘recreation or scenic’’. 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. § 1247. State and local area recreation and his- toric trails (a) Secretary of the Interior to encourage States, political subdivisions, and private interests; financial assistance for State and local projects The Secretary of the Interior is directed to en- courage States to consider, in their comprehen- sive statewide outdoor recreation plans and pro- posals for financial assistance for State and local projects submitted pursuant to chapter 2003 of title 54, needs and opportunities for es- tablishing 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 preserva- tion plans and proposals for financial assistance for State, local, and private projects submitted pursuant to division A of subtitle III of title 54, needs and opportunities for establishing historic trails. He is further directed, in accordance with the authority contained in chapter 2003 of title 54),1 to encourage States, political subdivisions, and private interests, including nonprofit orga- nizations, to establish such trails. (b) Secretary of Housing and Urban Develop- ment to encourage metropolitan and other urban areas; administrative and financial as- sistance in connection with recreation and transportation planning; administration of urban open-space program The Secretary of Housing and Urban Develop- ment is directed, in administering the program of comprehensive urban planning and assistance under section 701 2 of the Housing Act of 1954, to encourage the planning of recreation trails in connection with the recreation and transpor- tation planning for metropolitan and other urban areas. He is further directed, in admin- istering the urban open-space program under title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.], to encourage such recreation trails. (c) Secretary of Agriculture to encourage States, local agencies, and private interests The Secretary of Agriculture is directed, in accordance with authority vested in him, to en- courage States and local agencies and private interests to establish such trails. (d) Interim use of railroad rights-of-way The Secretary of Transportation, the Chair- man of the Surface Transportation Board, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Re- form Act of 1976 (45 U.S.C. 801 et seq.) and chap- ter 224 of title 49, 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 this chapter, if such interim use is subject to restoration or reconstruction for railroad pur- poses, such interim use shall not be treated, for purposes of any law or rule of law, as an aban- donment of the use of such rights-of-way for railroad purposes. If a State, political subdivi- sion, or qualified private organization is pre- pared to assume full responsibility for manage- ment of such rights-of-way and for any legal li- ability 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 Board shall impose such terms and con- ditions as a requirement of any transfer or con- veyance for interim use in a manner consistent with this chapter, and shall not permit abandon- ment or discontinuance inconsistent or disrup- tive of such use.