§ 1244. — National scenic and national historic trails.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1244]
TITLE 16--CONSERVATION
CHAPTER 27--NATIONAL TRAILS SYSTEM
Sec. 1244. National scenic and national historic trails
(a) Establishment and designation; administration
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:
(1) The Appalachian National Scenic Trail, a trail of approximately
two thousand miles extending generally along the Appalachian Mountains
from Mount Katahdin, Maine, to Springer Mountain, Georgia. Insofar as
practicable, the right-of-way for such trail shall comprise the trail
depicted on the maps identified as ``Nationwide System of Trails,
Proposed Appalachian Trail, NST-AT-101-May 1967'', which shall be on
file and available for public inspection in the office of the Director
of the National Park Service. Where practicable, such rights-of-way
shall include lands protected for it under agreements in effect as of
October 2, 1968, to which Federal agencies and States were parties. The
Appalachian Trail shall be administered primarily as a footpath by the
Secretary of the Interior, in consultation with the Secretary of
Agriculture.
(2) The Pacific Crest National Scenic Trail, a trail of
approximately two thousand three hundred fifty miles, extending from the
Mexican-California border northward generally along the mountain ranges
of the west coast States to the Canadian-Washington border near Lake
Ross, following the route as generally depicted on the map, identified
as ``Nationwide System of Trails, Proposed Pacific Crest Trail, NST-PC-
103-May 1967'' which shall be on file and available for public
inspection in the office of the Chief of the Forest Service. The Pacific
Crest Trail shall be administered by the Secretary of Agriculture, in
consultation with the Secretary of the Interior.
(3) The Oregon National Historic Trail, a route of approximately two
thousand miles extending from near Independence, Missouri, to the
vicinity of Portland, Oregon, following a route as depicted on maps
identified as ``Primary Route of the Oregon Trail 1841-1848'', in the
Department of the Interior's Oregon Trail study report dated April 1977,
and which shall be on file and available for public inspection in the
office of the Director of the National Park Service. The trail shall be
administered by the Secretary of the Interior.
(4) The Mormon Pioneer National Historic Trail, a route of
approximately one thousand three hundred miles extending from Nauvoo,
Illinois, to Salt Lake City, Utah, following the primary historical
route of the Mormon Trail as generally depicted on a map, identified as,
``Mormon Trail Vicinity Map, figure 2'' in the Department of the
Interior Mormon Trail study report dated March 1977, and which shall be
on file and available for public inspection in the office of the
Director, National Park Service, Washington, D.C. The trail shall be
administered by the Secretary of the Interior.
(5) The Continental Divide National Scenic Trail, a trail of
approximately thirty-one hundred miles, extending from the Montana-
Canada border to the New Mexico-Mexico border, following the
approximately route depicted on the map, identified as ``Proposed
Continental Divide National Scenic Trail'' in the Department of the
Interior Continental Divide Trail study report dated March 1977 and
which shall be on file and available for public inspection in the office
of the Chief, Forest Service, Washington, D.C. The Continental Divide
National Scenic Trail shall be administered by the Secretary of
Agriculture in consultation with the Secretary of the Interior.
Notwithstanding the provisions of section 1246(c) of this title, the use
of motorized vehicles on roads which will be designated segments of the
Continental Divide National Scenic Trail shall be permitted in
accordance with regulations prescribed by the appropriate Secretary.
(6) The Lewis and Clark National Historic Trail, a trail of
approximately three thousand seven hundred miles, extending from Wood
River, Illinois, to the mouth of the Columbia River in Oregon, following
the outbound and inbound routes of the Lewis and Clark Expedition
depicted on maps identified as, ``Vicinity Map, Lewis and Clark Trail''
study report dated April 1977. The map shall be on file and available
for public inspection in the office of the Director, National Park
Service, Washington, D.C. The trail shall be administered by the
Secretary of the Interior.
(7) The Iditarod National Historic Trail, a route of approximately
two thousand miles extending from Seward, Alaska, to Nome, Alaska,
following the routes as depicted on maps identified as ``Seward-Nome
Trail'', in the Department of the Interior's study report entitled ``The
Iditarod Trail (Seward-Nome Route) and other Alaskan Gold Rush Trails''
dated September 1977. The map shall be on file and available for public
inspection in the office of the Director, National Park Service,
Washington, D.C. The trail shall be administered by the Secretary of the
Interior.
(8) The North Country National Scenic Trail, a trail of
approximately thirty-two hundred miles, extending from eastern New York
State to the vicinity of Lake Sakakawea in North Dakota, following the
approximate route depicted on the map identified as ``Proposed North
Country Trail-Vicinity Map'' in the Department of the Interior ``North
Country Trail Report'', dated June 1975. The map shall be on file and
available for public inspection in the office of the Director, National
Park Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of the Interior.
(9) The Overmountain Victory National Historic Trail, a system
totaling approximately two hundred seventy-two miles of trail with
routes from the mustering point near Abingdon, Virginia, to Sycamore
Shoals (near Elizabethton, Tennessee); from Sycamore Shoals to Quaker
Meadows (near Morganton, North Carolina); from the mustering point in
Surry County, North Carolina, to Quaker Meadows; and from Quaker Meadows
to Kings Mountain, South Carolina, as depicted on the map identified as
Map 3--Historic Features--1780 in the draft study report entitled
``Overmountain Victory Trail'' dated December 1979. The map shall be on
file and available for public inspection in the Office of the Director,
National Park Service, Washington, District of Columbia. The trail shall
be administered by the Secretary of the Interior.
(10) The Ice Age National Scenic Trail, a trail of approximately one
thousand miles, extending from Door County, Wisconsin, to Interstate
Park in Saint Croix County, Wisconsin, generally following the route
described in ``On the Trail of the Ice Age--A Hiker's and Biker's Guide
to Wisconsin's Ice Age National Scientific Reserve and Trail'', by Henry
S. Reuss, Member of Congress, dated 1980. The guide and maps shall be on
file and available for public inspection in the Office of the Director,
National Park Service, Washington, District of Columbia. Overall
administration of the trail shall be the responsibility of the Secretary
of the Interior pursuant to subsection (d) of this section. The State of
Wisconsin, in consultation with the Secretary of the Interior, may,
subject to the approval of the Secretary, prepare a plan for the
management of the trail which shall be deemed to meet the requirements
of subsection (e) of this section. Notwithstanding the provisions of
section 1246(c) of this title, snowmobile use may be permitted on
segments of the Ice Age National Scenic Trail where deemed appropriate
by the Secretary and the managing authority responsible for the segment.
(11) The Potomac Heritage National Scenic Trail, a corridor of
approximately seven hundred and four miles following the route as
generally depicted on the map identified as ``National Trails System,
Proposed Potomac Heritage Trail'' in ``The Potomac Heritage Trail'', a
report prepared by the Department of the Interior and dated December
1974, except that no designation of the trail shall be made in the State
of West Virginia. The map shall be on file and available for public
inspection in the office of the Director of the National Park Service,
Washington, District of Columbia. The trail shall initially consist of
only those segments of the corridor located within the exterior
boundaries of federally administered areas. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Potomac Heritage
Trail. The Secretary of the Interior may designate lands outside of
federally administered areas as segments of the trail, only upon
application from the States or local governmental agencies involved, if
such segments meet the criteria established in this chapter and are
administered by such agencies without expense to the United States. The
trail shall be administered by the Secretary of the Interior.
(12) The Natchez Trace National Scenic Trail, a trail system of
approximately six hundred and ninety-four miles extending from
Nashville, Tennessee, to Natchez, Mississippi, as depicted on the map
entitled ``Concept Plan, Natchez Trace Trails Study'' in ``The Natchez
Trace'', a report prepared by the Department of the Interior and dated
August 1979. The map shall be on file and available for public
inspection in the office of the Director of the National Park Service,
Department of the Interior, Washington, District of Columbia. The trail
shall be administered by the Secretary of the Interior.
(13) The Florida National Scenic Trail, a route of approximately
thirteen hundred miles extending through the State of Florida as
generally depicted in ``The Florida Trail'', a national scenic trail
study draft report prepared by the Department of the Interior and dated
February 1980. The report shall be on file and available for public
inspection in the office of the Chief of the Forest Service, Washington,
District of Columbia. No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired by the
Federal Government for the Florida Trail except with the consent of the
owner thereof. The Secretary of Agriculture may designate lands outside
of federally administered areas as segments of the trail, only upon
application from the States or local governmental agencies involved, if
such segments meet the criteria established in this chapter and are
administered by such agencies without expense to the United States. The
trail shall be administered by the Secretary of Agriculture.
(14) The Nez Perce National Historic Trail, a route of approximately
eleven hundred and seventy miles extending from the vicinity of Wallowa
Lake, Oregon, to Bear Paw Mountain, Montana, as generally depicted in
``Nez Perce (Nee-Me-Poo) Trail Study Report'' prepared by the Department
of Agriculture and dated March 1982. The report shall be on file and
available for public inspection in the Office of the Chief of the Forest
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of Agriculture. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Nez Perce
National Historic Trail. The Secretary of Agriculture may designate
lands outside of federally administered areas as segments of the trail
upon application from the States or local governmental agencies involved
if such segments meet the criteria established in this chapter and are
administered by such agencies without expense to the United States. So
that significant route segments and sites recognized as associated with
the Nez Perce Trail may be distinguished by suitable markers, the
Secretary of Agriculture is authorized to accept the donation of
suitable markers for placement at appropriate locations. Any such
markers associated with the Nez Perce Trail which are to be located on
lands administered by any other department or agency of the United
States may be placed on such lands only with the concurrence of the head
of such department or agency.
(15) The Santa Fe National Historic Trail, a trail of approximately
950 miles from a point near Old Franklin, Missouri, through Kansas,
Oklahoma, and Colorado to Santa Fe, New Mexico, as generally depicted on
a map entitled ``The Santa Fe Trail'' contained in the Final Report of
the Secretary of the Interior pursuant to subsection (b) of this
section, dated July 1976. The map shall be on file and available for
public inspection in the office of the Director of the National Park
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of the Interior. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Santa Fe Trail
except with the consent of the owner thereof. Before acquiring any
easement or entering into any cooperative agreement with a private
landowner with respect to the trail, the Secretary shall notify the
landowner of the potential liability, if any, for injury to the public
resulting from physical conditions which may be on the landowner's land.
The United States shall not be held liable by reason of such notice or
failure to provide such notice to the landowner. So that significant
route segments and sites recognized as associated with the Santa Fe
Trail may be distinguished by suitable markers, the Secretary of the
Interior is authorized to accept the donation of suitable markers for
placement at appropriate locations.
(16)(A) The Trail of Tears National Historic Trail, a trail
consisting of water routes and overland routes traveled by the Cherokee
Nation during its removal from ancestral lands in the East to Oklahoma
during 1838 and 1839, generally located within the corridor described
through portions of Georgia, North Carolina, Alabama, Tennessee,
Kentucky, Illinois, Missouri, Arkansas, and Oklahoma in the final report
of the Secretary of the Interior prepared pursuant to subsection (b) of
this section entitled ``Trail of Tears'' and dated June 1986. Maps
depicting the corridor shall be on file and available for public
inspection in the Office of the National Park Service, Department of the
Interior. The trail shall be administered by the Secretary of the
Interior. No lands or interests therein outside the exterior boundaries
of any federally administered area may be acquired by the Federal
Government for the Trail of Tears except with the consent of the owner
thereof.
(B) In carrying out his responsibilities pursuant to subsections \1\
1244(f) and 1246(c) of this title, the Secretary of the Interior shall
give careful consideration to the establishment of appropriate
interpretive sites for the Trail of Tears in the vicinity of
Hopkinsville, Kentucky, Fort Smith, Arkansas, Trail of Tears State Park,
Missouri, and Tahlequah, Oklahoma.
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\1\ So in original. Probably should be ``sections''.
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(17) The Juan Bautista de Anza National Historic Trail, a trail
comprising the overland route traveled by Captain Juan Bautista de Anza
of Spain during the years 1775 and 1776 from Sonora, Mexico, to the
vicinity of San Francisco, California, of approximately 1,200 miles
through Arizona and California, as generally described in the report of
the Department of the Interior prepared pursuant to subsection (b) of
this section entitled ``Juan Bautista de Anza National Trail Study,
Feasibility Study and Environmental Assessment'' and dated August 1986.
A map generally depicting the trail shall be on file and available for
public inspection in the Office of the Director of the National Park
Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of the Interior. No lands or interests
therein outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the Juan Bautista de
Anza National Historic Trail without the consent of the owner thereof.
In implementing this paragraph, the Secretary shall encourage volunteer
trail groups to participate in the development and maintenance of the
trail.
(18) The California National Historic Trail, a route of
approximately five thousand seven hundred miles, including all routes
and cutoffs, extending from Independence and Saint Joseph, Missouri, and
Council Bluffs, Iowa, to various points in California and Oregon, as
generally described in the report of the Department of the Interior
prepared pursuant to subsection (b) of this section entitled
``California and Pony Express Trails, Eligibility/Feasibility Study/
Environmental Assessment'' and dated September 1987. A map generally
depicting the route shall be on file and available for public inspection
in the Office of the National Park Service, Department of the Interior.
The trail shall be administered by the Secretary of the Interior. No
lands or interests therein outside the exterior boundaries of any
federally administered area may be acquired by the United States for the
California National Historic Trail except with the consent of the owner
thereof.
(19) The Pony Express National Historic Trail, a route of
approximately one thousand nine hundred miles, including the original
route and subsequent route changes, extending from Saint Joseph,
Missouri, to Sacramento, California, as generally described in the
report of the Department of the Interior prepared pursuant to subsection
(b) of this section entitled ``California and Pony Express Trails,
Eligibility/Feasibility Study/Environmental Assessment'', and dated
September 1987. A map generally depicting the route shall be on file and
available for public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be administered by
the Secretary of the Interior. No lands or interests therein outside the
exterior boundaries of any federally administered area may be acquired
by the United States for the Pony Express National Historic Trail except
with the consent of the owner thereof.
(20) The Selma to Montgomery National Historic Trail, consisting of
54 miles of city streets and United States Highway 80 from Brown Chapel
A.M.E. Church in Selma to the State Capitol Building in Montgomery,
Alabama, traveled by voting rights advocates during March 1965 to
dramatize the need for voting rights legislation, as generally described
in the report of the Secretary of the Interior prepared pursuant to
subsection (b) of this section entitled ``Selma to Montgomery'' and
dated April 1993. Maps depicting the route shall be on file and
available for public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be administered in
accordance with this chapter, including section 1246(h) of this title.
The Secretary of the Interior, acting through the National Park Service,
which shall be the lead Federal agency, shall cooperate with other
Federal, State and local authorities to preserve historic sites along
the route, including (but not limited to) the Edmund Pettus Bridge and
the Brown Chapel A.M.E. Church.
(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 the
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) of this section 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 acquisition.--No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government 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 trail 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 the purpose of exchanging trail
information and research, fostering trail preservation and
educational programs, providing technical assistance, and working to
establish an international historic trail with complementary
preservation and education programs in each nation.
(22) Ala kahakai national historic trail.--
(A) In general.--The Ala Kahakai National Historic Trail (the
Trail by the Sea), a 175 mile long trail extending from `Upolu Point
on the north tip of Hawaii Island down the west coast of the Island
around Ka Lae to the east boundary of Hawai`i Volcanoes National
Park at the ancient shoreline temple known as ``Waha`ula'', as
generally depicted on the map entitled ``Ala Kahakai Trail'',
contained in the report prepared pursuant to subsection (b) of this
section entitled ``Ala Kahakai National Trail Study and
Environmental Impact Statement'', dated January 1998.
(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 acquisition.--No land or interest in land outside the
exterior boundaries of any federally administered area may be
acquired by the United States for the trail except with the consent
of the owner of the land or interest in land.
(E) Public participation; consultation.--The Secretary of the
Interior shall--
(i) encourage communities and owners of land along the
trail, native Hawaiians, and volunteer trail groups to
participate in the planning, development, and maintenance of the
trail; and
(ii) consult with affected Federal, State, and local
agencies, native Hawaiian groups, and landowners in the
administration of the trail.
(23) Old spanish national historic trail.--
(A) In general.--The Old Spanish National Historic Trail, an
approximately 2,700 mile long trail extending from Santa Fe, New
Mexico, to Los Angeles, California, that served as a major trade
route between 1829 and 1848, as generally depicted on the maps
numbered 1 through 9, as contained in the report entitled ``Old
Spanish Trail National Historic Trail Feasibility Study'', dated
July 2001, including the Armijo Route, Northern Route, North Branch,
and Mojave Road.
(B) Map.--A map generally depicting the trail shall be on file
and available for public inspection in the appropriate offices of
the Department of the Interior.
(C) Administration.--The trail shall be administered by the
Secretary of the Interior (referred to in this paragraph as the
``Secretary'').
(D) Land acquisition.--The United States shall not acquire for
the trail any land or interest in land outside the exterior boundary
of any federally-managed area without the consent of the owner of
the land or interest in land.
(E) Consultation.--The Secretary shall consult with other
Federal, State, local, and tribal agencies in the administration of
the trail.
(F) Additional routes.--The Secretary may designate additional
routes to the trail if--
(i) the additional routes were included in the Old Spanish
Trail National Historic Trail Feasibility Study, but were not
recommended for designation as a national historic trail; and
(ii) the Secretary determines that the additional routes
were used for trade and commerce between 1829 and 1848.
(b) Additional national scenic or national historic trails; feasibility
studies; consultations; submission of studies to Congress; scope
of studies; qualifications for national historic trail
designation
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 November 10, 1978, 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 (49 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 interests 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 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 number 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 variation 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) Routes subject to consideration for designation as national scenic
trails
The following routes shall be studied in accordance with the
objectives outlined in subsection (b) of this section:
(1) Continental Divide Trail, a three-thousand-one-hundred-mile
trail extending from near the Mexican border in southwestern New Mexico
northward generally along the Continental Divide to the Canadian border
in Glacier National Park.
(2) Potomac Heritage Trail, an eight-hundred-and-twenty-five-mile
trail extending generally from the mouth of the Potomac River to its
sources in Pennsylvania and West Virginia, including the one-hundred-
and-seventy-mile Chesapeake and Ohio Canal towpath.
(3) Old Cattle Trails of the Southwest from the vicinity of San
Antonio, Texas, approximately eight hundred miles through Oklahoma via
Baxter Springs and Chetopa, Kansas, to Fort Scott, Kansas, including the
Chisholm Trail, from the vicinity of San Antonio or Cuero, Texas,
approximately eight hundred miles north through Oklahoma to Abilene,
Kansas.
(4) Lewis and Clark Trail, from Wood River, Illinois, to the Pacific
Ocean in Oregon, following both the outbound and inbound routes of the
Lewis and Clark Expedition.
(5) Natchez Trace, from Nashville, Tennessee, approximately six
hundred miles to Natchez, Mississippi.
(6) North Country Trail, from the Appalachian Trail in Vermont,
approximately three thousand two hundred miles through the States of New
York, Pennsylvania, Ohio, Michigan, Wisconsin, and Minnesota, to the
Lewis and Clark Trail in North Dakota.
(7) Kittanning Trail from Shirleysburg in Huntingdon County to
Kittanning, Armstrong County, Pennsylvania.
(8) Oregon Trail, from Independence, Missouri, approximately two
thousand miles to near Fort Vancouver, Washington.
(9) Santa Fe Trail, from Independence, Missouri, approximately eight
hundred miles to Santa Fe, New Mexico.
(10) Long Trail, extending two hundred and fifty-five miles from the
Massachusetts border northward through Vermont to the Canadian border.
(11) Mormon Trail, extending from Nauvoo, Illinois, to Salt Lake
City, Utah, through the States of Iowa, Nebraska, and Wyoming.
(12) Gold Rush Trails in Alaska.
(13) Mormon Battalion Trail, extending two thousand miles from Mount
Pisgah, Iowa, through Kansas, Colorado, New Mexico, and Arizona to Los
Angeles, California.
(14) El Camino Real from St. Augustine to San Mateo, Florida,
approximately 20 miles along the southern boundary of the St. Johns
River from Fort Caroline National Memorial to the St. Augustine National
Park Monument.
(15) Bartram Trail, extending through the States of Georgia, North
Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, and
Tennessee.
(16) Daniel Boone Trail, extending from the vicinity of Statesville,
North Carolina, to Fort Boonesborough State Park, Kentucky.
(17) Desert Trail, extending from the Canadian border through parts
of Idaho, Washington, Oregon, Nevada, California, and Arizona, to the
Mexican border.
(18) Dominguez-Escalante Trail, extending approximately two thousand
miles along the route of the 1776 expedition led by Father Francisco
Atanasio Dominguez and Father Silvestre Velez de Escalante, originating
in Santa Fe, New Mexico; proceeding northwest along the San Juan,
Dolores, Gunnison, and White Rivers in Colorado; thence westerly to Utah
Lake; thence southward to Arizona and returning to Santa Fe.
(19) Florida Trail, extending north from Everglades National Park,
including the Big Cypress Swamp, the Kissimme \2\ Prairie, the
Withlacoochee State Forest, Ocala National Forest, Osceola National
Forest, and Black Water River State Forest, said completed trail to be
approximately one thousand three hundred miles long, of which over four
hundred miles of trail have already been built.
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\2\ So in original. Probably should be ``Kissimmee''.
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(20) Indian Nations Trail, extending from the Red River in Oklahoma
approximately two hundred miles northward through the former Indian
nations to the Oklahoma-Kansas boundary line.
(21) Nez Perce Trail extending from the vicinity of Wallowa Lake,
Oregon, to Bear Paw Mountain, Montana.
(22) Pacific Northwest Trail, extending approximately one thousand
miles from the Continental Divide in Glacier National Park, Montana, to
the Pacific Ocean beach of Olympic National Park, Washington, by way
of--
(A) Flathead National Forest and Kootenai National Forest in the
State of Montana;
(B) Kaniksu National Forest in the State of Idaho; and
(C) Colville National Forest, Okanogan National Forest, Pasayten
Wilderness Area, Ross Lake National Recreation Area, North Cascades
National Park, Mount Baker, the Skagit River, Deception Pass,
Whidbey Island, Olympic National Forest, and Olympic National Park
in the State of Washington.
(23) Overmountain Victory Trail, extending from the vicinity of
Elizabethton, Tennessee, to Kings Mountain National Military Park, South
Carolina.
(24) Juan Bautista de Anza Trail, following the overland route taken
by Juan Bautista de Anza in connection with his travels from the United
Mexican States to San Francisco, California.
(25) Trail of Tears, including the associated forts and
specifically, Fort Mitchell, Alabama, and historic properties, extending
from the vicinity of Murphy, North Carolina, through Georgia, Alabama,
Tennessee, Kentucky, Illinois, Missouri, and Arkansas, to the vicinity
of Tahlequah, Oklahoma.
(26) Illinois Trail, extending from the Lewis and Clark Trail at
Wood River, Illinois, to the Chicago Portage National Historic Site,
generally following the Illinois River and the Illinois and Michigan
Canal.
(27) Jedediah Smith Trail, to include the routes of the explorations
led by Jedediah Smith--
(A) during the period 1826-1827, extending from the Idaho-
Wyoming border, through the Great Salt Lake, Sevier, Virgin, and
Colorado River Valleys, and the Mojave Desert, to the San Gabriel
Mission, California; thence through the Tehachapi Mountains, San
Joaquin and Stanislaus River Valleys, Ebbetts Pass, Walker River
Valley, Bald Mount, Mount Grafton, and Great Salt Lake to Bear Lake,
Utah; and
(B) during 1828, extending from the Sacramento and Trinity River
Valleys along the Pacific coastline, through the Smith and
Willamette River Valleys to the Fort Vancouver National Historic
Site, Washington, on the Columbia River.
(28) General Crook Trail, extending from Prescott, Arizona, across
the Mogollon Rim to Fort Apache.
(29) Beale Wagon Road, within the Kaibab and Coconino National
Forests in Arizona: Provided, That such study may be prepared in
conjunction with ongoing planning processes for these National Forests
to be completed before 1990.
(30) Pony Express Trail, extending from Saint Joseph, Missouri,
through Kansas, Nebraska, Colorado, Wyoming, Utah, Nevada, to
Sacramento, California, as indicated on a map labeled ``Potential Pony
Express Trail'', dated October 1983 and the California Trail, extending
from the vicinity of Omaha, Nebraska, and Saint Joseph, Missouri, to
various points in California, as indicated on a map labeled ``Potential
California Trail'' and dated August 1, 1983. Notwithstanding subsection
(b) of this section, the study under this paragraph shall be completed
and submitted to the Congress no later than the end of two complete
fiscal years beginning after August 28, 1984. Such study shall be
separated into two portions, one relating to the Pony Express Trail and
one relating to the California Trail.
(31) De Soto Trail, the approximate route taken by the expedition of
the Spanish explorer Hernado de Soto in 1539, extending through portions
of the States of Florida, Georgia, South Carolina, North Carolina,
Tennessee, Alabama, Mississippi, to the area of Little Rock, Arkansas,
on to Texas and Louisiana, and any other States which may have been
crossed by the expedition. The study under this paragraph shall be
prepared in accordance with subsection (b) of this section, except that
it shall be completed and submitted to the Congress with recommendations
as to the trail's suitability for designation not later than one
calendar year after December 11, 1987.
(32) Coronado Trail, the approximate route taken by the expedition
of the Spanish explorer Francisco Vasquez de Coronado between 1540 and
1542, extending through portions of the States of Arizona, New Mexico,
Texas, Oklahoma, and Kansas. The study under this paragraph shall be
prepared in accordance with subsection (b) of this section. In
conducting the study under this paragraph, the Secretary shall provide
for (A) the review of all original Spanish documentation on the Coronado
Trail, (B) the continuing search for new primary documentation on the
trail, and (C) the examination of all information on the archeological
sites along the trail.
(33) The route from Selma to Montgomery, Alabama traveled by people
in a march dramatizing the need for voting rights legislation, in March
1965, includes Sylvan South Street, Water Avenue, the Edmund Pettus
Bridge, and Highway 80. The study under this paragraph shall be prepared
in accordance with subsection (b) of this section, except that it shall
be completed and submitted to the Congress with recommendations as to
the trail's suitability for designation not later than 1 year after July
3, 1990.
(34) American Discovery Trail, extending from Pt. Reyes, California,
across the United States through Nevada, Utah, Colorado, Kansas,
Nebraska, Missouri, Iowa, Illinois, Indiana, Ohio, West Virginia,
Maryland, and the District of Columbia, to Cape Henlopen State Park,
Delaware; to include in the central United States a northern route
through Colorado, Nebraska, Iowa, Illinois, and Indiana and a southern
route through Colorado, Kansas, Missouri, Illinois, and Indiana.
(35) Ala Kahakai Trail in the State of Hawaii, an ancient Hawaiian
trail on the Island of Hawaii extending from the northern tip of the
Island of Hawaii approximately 175 miles along the western and southern
coasts to the northern boundary of Hawai`i Volcanoes National Park.
(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.
(37)(A) El Camino Real Para Los Texas, the approximate series of
routes from Saltillo, Monclova, and Guerrero, Mexico across Texas
through San Antonio and Nacogdoches, to the vicinity of Los Adaes,
Louisiana, together with the evolving routes later known as the San
Antonio Road.
(B) The study shall--
(i) examine the changing roads within the historic corridor;
(ii) examine the major connecting branch routes;
(iii) determine the individual or combined suitability and
feasibility of routes for potential national historic trail
designation;
(iv) consider the preservation heritage plan developed by the
Texas Department of Transportation entitled ``A Texas Legacy: The
Old San Antonio Road and the Caminos Reales'', dated January, 1991;
and
(v) make recommendations concerning the suitability and
feasibility of establishing an international historical park where
the trail crosses the United States-Mexico border at Maverick
County, Texas, and Guerrero, Mexico.
(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 trail along the El
Camino Real Para Los Texas.
(D) The study shall be undertaken in consultation with the Louisiana
Department of Transportation and Development and the Texas Department of
Transportation.
(E) The study shall consider alternative name designations for the
trail.
(F) The study shall be completed no later than two years after the
date funds are made available for the study.
(38) The Old Spanish Trail, beginning in Santa Fe, New Mexico,
proceeding through Colorado and Utah, and ending in Los Angeles,
California, and the Northern Branch of the Old Spanish Trail, beginning
near Espanola, New Mexico, proceeding through Colorado, and ending near
Crescent Junction, Utah.
(39) The Great Western Scenic Trail, a system of trails to
accommodate a variety of travel users in a corridor of approximately
3,100 miles in length extending from the Arizona-Mexico border to the
Idaho-Montana-Canada border, following the approximate route depicted on
the map identified as ``Great Western Trail Corridor, 1988'', which
shall be on file and available for public inspection in the Office of
the Chief of the Forest Service, United States Department of
Agriculture. The trail study shall be conducted by the Secretary of
Agriculture, in consultation with the Secretary of the Interior, in
accordance with subsection (b) of this section and shall include--
(A) the current status of land ownership and current and
potential use along the designated route;
(B) the estimated cost of acquisition of lands or interests in
lands, if any; and
(C) an examination of the appropriateness of motorized trail use
along the trail.
(40) Star-Spangled Banner National Historic Trail.--
(A) In general.--The Star-Spangled Banner National Historic
Trail, tracing the War of 1812 route from the arrival of the British
fleet in the Patuxent River in Calvert County and St. Mary's County,
Maryland, the landing of the British forces at Benedict, the sinking
of the Chesapeake Flotilla at Pig Point, the American defeat at the
Battle of Bladensburg, the siege of the Nation's Capital,
Washington, District of Columbia (including the burning of the
United States Capitol and the White House), the British naval
diversions in the upper Chesapeake Bay leading to the Battle of
Caulk's Field in Kent County, Maryland, the route of the American
troops from Washington through Georgetown, the Maryland Counties of
Montgomery, Howard, and Baltimore, and the City of Baltimore,
Maryland, to the Battle of North Point, and the ultimate victory of
the Americans at Fort McHenry on September 14, 1814.
(B) Affected areas.--The trail crosses eight counties within the
boundaries of the State of Maryland, the City of Baltimore,
Maryland, and Washington, District of Columbia.
(C) Coordination with other congressionally mandated
activities.--The study under this paragraph shall be undertaken in
coordination with the study authorized under section 603 of the
Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 1a-
5 note; 110 Stat. 4172) and the Chesapeake Bay Gateways and
Watertrails Network authorized under the Chesapeake Bay Initiative
Act of 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such coordination
shall extend to any research needed to complete the studies and any
findings and implementation actions that result from the studies and
shall use available resources to the greatest extent possible to
avoid unnecessary duplication of effort.
(D) Deadline for study.--Not later that \3\ 2 years after funds
are made available for the study under this paragraph, the study
shall be completed and transmitted with final recommendations to the
Committee on Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate.
---------------------------------------------------------------------------
\3\ So in original. Probably should be ``than''.
( ) \4\ The Long Walk Trail, a series of routes which the Navajo
and Mescalero Apache Indian tribes were forced to walk beginning in the
fall of 1863 as a result of their removal by the United States
Government from their ancestral lands, generally located within a
corridor extending through portions of Canyon de Chelley, Arizona, and
Albuquerque, Canyon Blanco, Anton Chico, Canyon Piedra Pintado, and Fort
Sumner, New Mexico.
---------------------------------------------------------------------------
\4\ So in original. This par. added without identifying number.
---------------------------------------------------------------------------
( ) \4\ Metacomet-Monadnock-Mattabesett Trail.--The Metacomet-
Monadnock-Mattabesett Trail, a system of trails and potential trails
extending southward approximately 180 miles through western
Massachusetts on the Metacomet-Monadnock Trail, across central
Connecticut on the Metacomet Trail and the Mattabesett Trail, and ending
at Long Island Sound.
(d) Trail advisory councils; establishment and termination; term and
compensation; membership; chairman
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 November 10, 1978, 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. establishment,\5\ 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:
---------------------------------------------------------------------------
\5\ So in original. The words ``its establishment. establishment,''
probably should be ``its establishment,''.
---------------------------------------------------------------------------
(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) Comprehensive national scenic trail plan; consultation; submission
to Congressional committees
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 November 10, 1978, 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 subsection
(d) of this section, and the Appalachian Trail Conference in the case of
the Appalachian Trail, submit to the Committee on Natural Resources 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 anticipated cooperative agreements to be consummated with
other entities, and an identified carrying capacity of the trail and
a plan for its implementation;
(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) Comprehensive national historic trail plan; consultation; submission
to Congressional committees
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 subsection (d) of this section, submit to the Committee on
Natural Resources 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 1246(c) of
this title;
(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.
(Pub. L. 90-543, Sec. 5, Oct. 2, 1968, 82 Stat. 920; Pub. L. 94-527,
Oct. 17, 1976, 90 Stat. 2481; Pub. L. 95-248, Sec. 1(1), (2), Mar. 21,
1978, 92 Stat. 159; Pub. L. 95-625, title V, Sec. 551 (7)-(15), Nov. 10,
1978, 92 Stat. 3512-3515; Pub. L. 96-87, title IV, Sec. 401(m)(1), Oct.
12, 1979, 93 Stat. 666; Pub. L. 96-199, title I, Sec. 101(b)(1)-(3),
Mar. 5, 1980, 94 Stat. 67, 68; Pub. L. 96-344, Sec. 14, Sept. 8, 1980,
94 Stat. 1136; Pub. L. 96-370, Sec. 1(a), Oct. 3, 1980, 94 Stat. 1360;
Pub. L. 98-11, title II, Sec. 205, Mar. 28, 1983, 97 Stat. 43; Pub. L.
98-405, Sec. 1, Aug. 28, 1984, 98 Stat. 1483; Pub. L. 99-445, Sec. 1,
Oct. 6, 1986, 100 Stat. 1122; Pub. L. 100-35, Sec. 1(a), May 8, 1987,
101 Stat. 302; Pub. L. 100-187, Sec. 3, Dec. 11, 1987, 101 Stat. 1287;
Pub. L. 100-192, Sec. 1, Dec. 16, 1987, 101 Stat. 1309; Pub. L. 100-470,
Sec. 4, Oct. 4, 1988, 102 Stat. 2283; Pub. L. 100-559, title II,
Sec. 203, Oct. 28, 1988, 102 Stat. 2797; Pub. L. 101-321, Sec. 3, July
3, 1990, 104 Stat. 293; Pub. L. 101-365, Sec. 2(a), Aug. 15, 1990, 104
Stat. 429; Pub. L. 102-328, Sec. 1, Aug. 3, 1992, 106 Stat. 845; Pub. L.
102-461, Oct. 23, 1992, 106 Stat. 2273; Pub. L. 103-144, Sec. 3, Nov.
17, 1993, 107 Stat. 1494; Pub. L. 103-145, Sec. 3, Nov. 17, 1993, 107
Stat. 1497; Pub. L. 103-437, Sec. 6(d)(38), Nov. 2, 1994, 108 Stat.
4585; Pub. L. 104-333, div. I, title IV, Secs. 402, 403, title V,
Sec. 501, Nov. 12, 1996, 110 Stat. 4148, 4153; Pub. L. 106-135, Sec. 3,
Dec. 7, 1999, 113 Stat. 1686; Pub. L. 106-307, Sec. 3, Oct. 13, 2000,
114 Stat. 1075; Pub. L. 106-509, Sec. 3, Nov. 13, 2000, 114 Stat. 2361;
Pub. L. 106-510, Sec. 3(a)(2), Nov. 13, 2000, 114 Stat. 2363; Pub. L.
107-214, Sec. 3, Aug. 21, 2002, 116 Stat. 1053; Pub. L. 107-325, Sec. 2,
Dec. 4, 2002, 116 Stat. 2790; Pub. L. 107-338, Sec. 2, Dec. 16, 2002,
116 Stat. 2886.)
References in Text
The Historic Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461),
referred to in subsec. (b)(3), which is also known as the Historic
Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch. 593, 49
Stat. 666, as amended, which is classified to sections 461 to 467 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 461 of this title and Tables.
Section 603 of the Omnibus Parks and Public Lands Management Act of
1996, referred to in subsec. (c)(40)(C), is section 603 of Pub. L. 104-
333, which is classified as a note under section 1a-5 of this title.
The Chesapeake Bay Initiative Act of 1998, referred to in subsec.
(c)(40)(C), is title V of Pub. L. 105-312, Oct. 30, 1998, 112 Stat.
2961, which is classified as a note under section 461 of this title. For
complete classification of this Act to the Code, see Tables.
Amendments
2002--Subsec. (a)(21) to (23). Pub. L. 107-325 redesignated par.
(21) relating to the Ala Kahakai National Historic Trail as par. (22)
and added par. (23).
Subsec. (c). Pub. L. 107-338 added unnumbered par. relating to the
Metacomet-Monadnock-Mattabesett Trail.
Pub. L. 107-214 added unnumbered par. relating to the Long Walk
Trail.
2000--Subsec. (a)(18) to (20). Pub. L. 106-307, Sec. 3(1), and Pub.
L. 106-509, Sec. 3(1), made identical amendments, designating unnumbered
pars. relating to California National Historic Trail, Pony Express
National Historic Trail, and Selma to Montgomery National Historic Trail
as pars. (18) to (20), respectively.
Subsec. (a)(21). Pub. L. 106-509, Sec. 3(2), added par. (21)
relating to Ala Kahakai National Historic Trail.
Pub. L. 106-307, Sec. 3(2), added par. (21) relating to El Camino
Real de Tierra Adentro.
Subsec. (a)(21)(A). Pub. L. 106-510 substituted ``Hawai`i Volcanoes
National Park'' for ``Hawaii Volcanoes National Park'' in subpar. (A) of
par. (21) relating to Ala Kahakai National Historic Trail.
Subsec. (c)(35). Pub. L. 106-510 substituted ``Hawai`i Volcanoes
National Park'' for ``Hawaii Volcanoes National Park''.
1999--Subsec. (c)(36), (37). Pub. L. 106-135, Sec. 3(1),
redesignated par. (36) relating to El Camino Real Para Los Texas as (37)
and substituted ``determine'' for ``detemine'' in subpar. (C).
Subsec. (c)(38) to (40). Pub. L. 106-135 designated unnumbered par.
relating to the Old Spanish Trail as par. (38) and unnumbered par.
relating to the Great Western Scenic Trail as par. (39) and added par.
(40).
1996--Subsec. (a). Pub. L. 104-333, Sec. 501, added unnumbered par.
relating to Selma to Montgomery National Historic Trail.
Subsec. (c). Pub. L. 104-333, Secs. 402, 403, added unnumbered pars.
relating to Old Spanish Trail and Great Western Scenic Trail.
1994--Subsecs. (e), (f). Pub. L. 103-437 in introductory provisions
substituted ``Natural Resources'' for ``Interior and Insular Affairs''
after ``Committee on''.
1993--Subsec. (c)(36). Pub. L. 103-145 added par. (36) relating to
El Camino Real Para Los Texas.
Pub. L. 103-144 added par. (36) relating to El Camino Real de Tierra
Adentro.
1992--Subsec. (a). Pub. L. 102-328 added unnumbered pars. relating
to California National Historic Trail and Pony Express National Historic
Trail.
Subsec. (c)(34), (35). Pub. L. 102-461 added pars. (34) and (35).
1990--Subsec. (a)(17). Pub. L. 101-365 added par. (17).
Subsec. (c)(33). Pub. L. 101-321 added par. (33).
1988--Subsec. (c)(32). Pub. L. 100-559 added par. (32).
Subsec. (d). Pub. L. 100-470 inserted ``establishment, except that
the Advisory Council established for the Iditarod Historic Trail shall
expire twenty years from the date of its establishment.'' after ``its
establishment.'' at end of first sentence.
1987--Subsec. (a)(15). Pub. L. 100-35 added par. (15).
Subsec. (a)(16). Pub. L. 100-192 added par. (16).
Subsec. (c)(31). Pub. L. 100-187 added par. (31).
1986--Subsec. (a)(14). Pub. L. 99-445 added par. (14).
1984--Subsec. (c)(30). Pub. L. 98-405 added par. (30).
1983--Subsec. (a)(11) to (13). Pub. L. 98-11, Sec. 205(a), added
pars. (11) to (13).
Subsec. (b). Pub. L. 98-11, Sec. 205(b)(1), inserted sentence in
provisions preceding par. (1) requiring that the feasibility of
designating a trail 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.
Subsec. (b)(3). Pub. L. 98-11, Sec. 205(b)(2), substituted ``16
U.S.C. 461'' for ``U.S.C. 461''.
Subsec. (b)(11)(B). Pub. L. 98-11, Sec. 205(b)(3), inserted
``exploration,'' after ``commerce,'' in first sentence.
Subsec. (c)(9). Pub. L. 98-11, Sec. 205(c)(1), substituted ``Santa
Fe, New Mexico'' for ``Sante Fe, New Mexico''.
Subsec. (c)(24) to (29). Pub. L. 98-11, Sec. 205(c)(2), added pars.
(24) to (29).
Subsec. (d). Pub. L. 98-11, Sec. 205(d)(1), in provisions preceding
par. (1), inserted requirement that the Secretary advise the appropriate
committees in the Congress if the Secretary is unable to establish an
advisory council because of the lack of adequate public interest.
Subsec. (d)(1) to (4). Pub. L. 98-11, Sec. 205(d)(2), redesignated
pars. (i) to (iv) as (1) to (4), respectively, and in par. (1) as so
redesignated substituted ``the head of each Federal department or
independent agency administering lands through which the trail route
passes, or his designee'' for ``a member appointed to represent each
Federal department or independent agency administering lands through
which the trail route passes, and each appointee shall be the person
designated by the head of such department or agency''.
Subsec. (f)(1). Pub. L. 98-11, Sec. 205(e)(1), (2), substituted
``national historic trails'' for ``national recreational trails''.
Subsec. (f)(3), (4). Pub. L. 98-11, Sec. 205(e)(3), added pars. (3)
and (4).
1980--Subsec. (a)(8). Pub. L. 96-199, Sec. 101(b)(1), added par.
(8).
Subsec. (a)(9). Pub. L. 96-344 added par. (9).
Subsec. (a)(10). Pub. L. 96-370 added par. (10).
Subsecs. (e), (f). Pub. L. 96-199, Sec. 101(b)(2), (3), inserted
reference to the North Country National Scenic Trail.
1979--Subsec. (c)(23). Pub. L. 96-87 substituted ``(23)'' for
``(20)'' as the number designation of the paragraph relating to the
Overmountain Victory Trail added in 1978 by section 551(13) of Pub. L.
95-625.
1978--Subsec. (a). Pub. L. 95-625, Sec. 551(7), substituted, in
provision preceding par. (1), ``scenic and national historic'' for
``scenic'' and ``the following National Scenic and National Historic
Trails'' for ``as the initial National Scenic Trails''.
Subsec. (a)(1). Pub. L. 95-625, Sec. 551(8), substituted
``Appalachian National Scenic Trail'' for ``Appalachian Trail''.
Subsec. (a)(2). Pub. L. 95-625, Sec. 551(8), substituted ``Pacific
Crest National Scenic Trail'' for ``Pacific Crest Trail''.
Subsec. (a)(3). Pub. L. 95-625, Sec. 551(9), substituted provisions
establishing the Oregon National Historic Trail as a National Scenic and
National Historic Trail for provisions requiring the establishment, by
the Secretary of the Interior within 60 days after Mar. 21, 1978, of an
Advisory Council for the Appalachian National Scenic Trail, which
council was to terminate 120 months after Mar. 21, 1978.
Pub. L. 95-248, Sec. 1(1), substituted provisions requiring
establishment by the Secretary of the Interior within 60 days of Mar.
21, 1978, of an Advisory Council for the Appalachian National Scenic
Trail, which shall terminate within 120 months of Mar. 21, 1978, and
provisions relating to functions, membership, etc., of such Council, for
provisions requiring establishment by the Secretary of the Interior of
an advisory council for the Appalachian National Scenic Trail and by the
Secretary of Agriculture of an advisory council for the Pacific Crest
National Scenic Trail, and provisions relating to functions, membership,
etc., of the councils.
Subsec. (a)(4) to (7). Pub. L. 95-625, Sec. 551(9), added pars. (4)
to (7).
Subsec. (b). Pub. L. 95-625, Sec. 551(10), substituted in provision
preceding par. (1) ``National scenic or national historic'' for
``national scenic'', inserted ``through the agency most likely to
administer such trail,'' after ``Secretary of the Interior,'', struck
out third sentence ``When completed, such studies shall be the basis of
appropriate proposals for additional national scenic trails which shall
be submitted from time to time to the President and to the Congress.'';
and substituted ``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 November 10, 1978, whichever is later. Such
studies, when submitted, shall be printed as a House or Senate document,
and shall include, but not be limited to:'' for ``Such proposals shall
be accompanied by a report, which shall be printed as a House or Senate
document, showing among other things--''.
Subsec. (b)(3). Pub. L. 95-625, Sec. 551(10), (11), substituted
``scenic or national historic'' for ``scenic'' and required in the case
of national historic trails the report to include the recommendation of
the Secretary of the Interior's National Park System Advisory Board as
to the national historical significance based on the criteria developed
under the Historic Sites Act of 1935.
Subsec. (b)(10), (11). Pub. L. 95-625, Sec. 551(12), added pars.
(10) and (11).
Subsec. (c)(23). Pub. L. 95-625, Sec. 551(13), added par. (23). See
1979 Amendment note above.
Subsec. (d). Pub. L. 95-625, Sec. 551(14), added subsec. (d) and
repealed former subsec. (d) provisions for comprehensive plan for the
management, acquisition, development, and use of the Appalachian Trail,
submission to Congressional committees, and scope of plan, now covered
in subsec. (e) of this section.
Pub. L. 95-248, Sec. 1(2), added subsec. (d).
Subsecs. (e), (f). Pub. L. 95-625, Sec. 551(15), added subsecs. (e)
and (f).
1976--Subsec. (c)(15) to (22). Pub. L. 94-527 added pars. (15) to
(22).
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Termination of Advisory Councils
Advisory councils in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a council established by the President or an
officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a council established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.
Expedited Report to Congress
Pub. L. 107-338, Sec. 3, Dec. 16, 2002, 116 Stat. 2886, provided
that: ``Notwithstanding the fourth sentence of section 5(b) of the
National Trails System Act (16 U.S.C. 1244(b)), the Secretary of the
Interior shall submit the study required by the amendment made by
section 2 [amending this section] to Congress not later than 2 years
after the date of the enactment of this Act [Dec. 16, 2002].''
California Trail Interpretive Center
Pub. L. 106-577, title I, Dec. 28, 2000, 114 Stat. 3068, authorized
the Secretary of the Interior, acting through the Director of the Bureau
of Land Management, to establish the ``California Trail Interpretive
Center'' near Elko, Nevada, and directed the Secretary to initiate a
plan for the development of the Center, to acquire land and interests in
land for the construction of the Center, to provide for local review of
and input concerning the development and operation of the Center by the
Advisory Board for the National Historic California Emigrant Trails
Interpretive Center of Elko, Nevada, to prepare a budget and funding
request periodically that would allow a Federal agency to carry out the
maintenance and operation of the Center, to enter into cooperative
agreements for snow removal, rescue, firefighting, and law enforcement
services, and for development and operation of facilities and services,
and to accept donations of funds, property, or services to provide
services and facilities, and authorized appropriations.
National Historic Trails Interpretive Center, Wyoming
Pub. L. 105-290, Oct. 27, 1998, 112 Stat. 2782, authorized
appropriations for the National Historic Trails Interpretive Center in
Casper, Wyoming, and authorized the Secretary of the Interior to
establish the Center, to construct and operate facilities, to accept
donations, and to charge an entrance fee.
Sacramento to San Francisco Mail Route; Feasibility Study for Inclusion
in Pony Express National Historic Trail
Section 2 of Pub. L. 102-328, as amended by Pub. L. 103-437,
Sec. 6(d)(39), Nov. 2, 1994, 108 Stat. 4585, provided that: ``The
Secretary of the Interior (hereinafter referred to as the Secretary)
shall undertake a study of the land and water route used to carry mail
from Sacramento to San Francisco, California, to determine the
feasibility and suitability of designation of such route as a component
of the Pony Express National Historic Trail designated by section 1 of
this Act [amending this section]. Upon completion of the study, if the
Secretary determines such route is a feasible and suitable addition to
the Pony Express National Historic Trail, the Secretary shall designate
the route as a component of the Pony Express National Historic Trail.
The Secretary shall publish notice of such designation in the Federal
Register and shall submit the study along with his findings to the
Committee on Natural Resources [now Committee on Resources] of the
United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate.''
De Soto Expedition Trail Commission
Pub. L. 101-607, Nov. 16, 1990, 104 Stat. 3105, established for 4
years in the Department of the Interior the De Soto Expedition Trail
Commission, the purpose of which is to encourage and direct research,
and to coordinate 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 powers of the Commission, and authorized
research, technical assistance, and appropriations.
Authorization for Development of Trails Interpretation Center in Iowa
Pub. L. 101-191, Nov. 29, 1989, 103 Stat. 1697, 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, and
extinguishment of any restrictions, covenants, reversions, limitations,
or any other conditions imposed by the Economic Development
Administration upon acceptance of donated land by Secretary, and
authorized appropriations of not more than $8,400,000 to carry out the
Act.
Southwestern Pennsylvania Industrial Heritage Route
Pub. L. 100-698, title II, Secs. 201-203, Nov. 19, 1988, 102 Stat.
4622, authorized Secretary of the Interior to designate, and authorized
appropriations for, a vehicular tour route to provide for public
appreciation, education, understanding, and enjoyment of certain
nationally and regionally significant sites in southwestern
Pennsylvania.
Lewis and Clark National Historic Trail Interpretive Center, Montana
Pub. L. 100-552, Secs. 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 development and interpretation of the Center, authorized Secretary
to accept donations, enter into cooperative agreements for various
services such as rescue, firefighting, law enforcement, and development
and operation 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 amended by Pub.
L. 103-243, May 4, 1994, 108 Stat. 613; Pub. L. 106-18, Sec. 1, Apr. 8,
1999, 113 Stat. 28, authorized Secretary of the Interior, acting through
Director of National Park Service, with concurrence of agency having
jurisdiction over such roads, to designate a vehicular tour route along
existing public roads linking certain nationally significant natural and
cultural sites associated with coastal area of State of New Jersey, to
be known as New Jersey Coastal Heritage Trail Route; provided for
location and additional segments of Route; directed Secretary of the
Interior to prepare a comprehensive inventory of sites along Route and a
general plan; provided for informational material for public
appreciation of sites along Route; provided that Route be marked with
appropriate markers; authorized appropriations to carry out the Act;
authorized additional appropriation of $4,000,000 for technical
assistance and design and fabrication of interpretive materials, devices
and signs; prohibited use of additional appropriation for operation,
maintenance, repair or construction except for construction of
interpretive exhibits; limited Federal share of projects carried out
with additional appropriation to 50 percent; required non-Federal
matching funds in form of cash, materials, or in-kind services; and
provided for termination of authority under this Act 10 years after May
4, 1994.
Laurel Highlands National Recreational Trail Designated as Part of
Potomac Heritage Trail
Pub. L. 99-500, Sec. 101(h) [title I, Sec. 113], Oct. 18, 1986, 100
Stat. 1783-242, 1783-262, and Pub. L. 99-591, Sec. 101(h) [title I,
Sec. 113], Oct. 30, 1986, 100 Stat. 3341-242, 3341-262, provided 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)].''
Section Referred to in Other Sections
This section is referred to in sections 1242, 1246, 1249 of this
title; title 43 section 1634.
