§ 1246. — Administration and development of national trails system.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1246]
TITLE 16--CONSERVATION
CHAPTER 27--NATIONAL TRAILS SYSTEM
Sec. 1246. Administration and development of national trails
system
(a) Consultation of Secretary with other agencies; transfer of
management responsibilities; selection of rights-of-way;
criteria for selection; 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. Nothing contained in this chapter shall be
deemed to transfer among Federal agencies any management
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).
(B) The Secretary charged with the overall administration 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
management responsibilities for any trail segment are transferred under
such an agreement, the management of any such segment shall be subject
to the laws, rules, and regulations of the Secretary provided with the
management authority under the agreement, except to such extent 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 Federal Register: Provided, That
in selecting the rights-of-way full consideration shall be given to
minimizing the adverse effects upon the adjacent landowner or user and
his operation. Development and management of each segment of the
National Trails System shall be designed to harmonize 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 appropriate Secretary. In selecting rights-
of-way for trail purposes, the Secretary shall obtain the advice and
assistance of the States, local governments, 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 Federal Register, the Secretary charged with the
administration of a national scenic or national historic trail may
relocate segments of a national 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: Provided, 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 uniform 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 established. 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 motorized vehicles within the natural and
historical areas of the national park system, the national wildlife
refuge system, the national wilderness 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 administration of such
trail shall establish regulations which shall authorize the use of
motorized vehicles when, in his judgment, such vehicles are necessary to
meet emergencies or to enable adjacent landowners or land users to have
reasonable access to their lands or timber rights: Provided 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 accordance 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 facilitate retracement of the
historic route, and where a national historic trail parallels an
existing public road, such road may be marked to commemorate the
historic route. 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, are allowed by administrative regulations, including the
use of motorized vehicles, shall be permitted by the Secretary charged
with the administration of the trail. The Secretary of the Interior and
the Secretary of Agriculture, in consultation with appropriate
governmental agencies and public and private organizations, shall
establish a uniform marker, including thereon an appropriate and
distinctive symbol for each national recreation, national scenic, and
national historic trail. Where the trails cross lands administered by
Federal agencies such markers shall be erected at appropriate 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 Secretary shall
provide such uniform markers to cooperating agencies and shall require
such agencies to erect and maintain them in accordance with the
standards established. The appropriate Secretary may also provide for
trail interpretation sites, which shall be located at historic sites
along the route of any national scenic or national 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. Wherever possible, the
sites shall be maintained by a State agency under a cooperative
agreement between the appropriate 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, donation,
purchase with donated or appropriated funds or exchange.
(e) Right-of-way lands outside exterior boundaries of federally
administered areas; cooperative 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 outside of the exterior boundaries of federally
administered 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 individuals 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 acquire 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
individuals for the use of lands for trail purposes, or (ii) acquire
private lands or interests therein by donation, purchase with donated or
appropriated funds or exchange in accordance with the provisions of
subsection (f) of this section: Provided further, That the appropriate
Secretary may acquire lands or interests therein from local governments
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 sufficient 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
refusal 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
property; exchange of national forest lands by Secretary of
Agriculture; tracts lying outside trail acquisition area
(1) The Secretary of the Interior, in the exercise 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 located and which he
classifies as suitable for exchange or other disposal. The values of the
properties so exchanged either shall be approximately equal, or if they
are not approximately equal the values shall be equalized by the payment
of cash to the grantor or to the Secretary as the circumstances require.
The Secretary of Agriculture, in the exercise of his exchange authority,
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 appropriate Secretary may, with consent of a
landowner, 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 outside the area of
trail acquisition may be exchanged for any non-Federal lands or
interests therein within the trail right-of-way, or disposed of in
accordance with such procedures or regulations as the appropriate
Secretary shall prescribe, including: (i) provisions for conveyance 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 acquired lands or interests
therein upon payment or agreement to pay an amount equal to the highest
bid price. For lands designated for exchange or disposal, the
appropriate Secretary may convey these lands with any reservations or
covenants deemed desirable to further the purposes of this chapter. The
proceeds from any disposal shall be credited to the appropriation
bearing the costs of land acquisition for the affected trail.
(g) Condemnation proceedings to acquire private lands; limitations;
availability of funds for acquisition of lands or interests
therein; acquisition of high potential, route segments or
historic sites
The appropriate Secretary may utilize condemnation 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
negotiation 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 proceedings 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 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
historic trails, direct Federal acquisition for trail purposes shall be
limited to those areas indicated by the study report or by the
comprehensive plan as high potential route segments or high potential
historic sites. Except for designated 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 significance under appropriate historical
site criteria such as those for the National Register of Historic
Places.
(h) Development and maintenance of national, scenic or historic, trails;
cooperation with States over portions located outside of
federally administered areas; cooperative agreements;
participation of volunteers; reservation of right-of-way for
trails in conveyances by Secretary of the Interior
(1) The Secretary charged with the administration 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
operate, 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, landowners,
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 include provisions for limited
financial assistance to encourage participation in the acquisition,
protection, operation, development, or maintenance of such trails,
provisions providing volunteer in the park or volunteer in the forest
status (in accordance with the Volunteers in the Parks Act of 1969 [16
U.S.C. 18g et seq.] and the Volunteers in the Forests Act of 1972 [16
U.S.C. 558a et seq.]) to individuals, private organizations, or
landowners participating in such activities, or provisions of both
types. The appropriate Secretary shall also initiate consultations with
affected States and their political subdivisions to encourage--
(A) the development and implementation by such entities of
appropriate measures to protect private landowners from trespass
resulting from trail use and from unreasonable personal 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
sentence, the Secretary may provide assistance to such entities under
appropriate cooperative agreements in the manner provided by this
subsection.
(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 consultation; revision;
publication; violations; penalties; utilization of national park
or national forest authorities
The appropriate Secretary, with the concurrence 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
administration of trails of the national trails system. In order to
maintain good conduct on and along the trails located within federally
administered areas and to provide for the proper government and
protection of such trails, the Secretary of the Interior and the
Secretary of Agriculture shall prescribe and publish such uniform
regulations as they deem necessary and any person 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 determined in a manner consistent with subsection (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: bicycling, cross-country skiing, day hiking, equestrian
activities, jogging or similar fitness activities, trail biking,
overnight and long-distance 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, bicycles,
four-wheel drive or all-terrain off-road vehicles. 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 determined by the
appropriate Secretary, landowners are authorized to donate or otherwise
convey qualified real property interests to qualified organizations
consistent with section 170(h)(3) of title 26, including, but not
limited to, right-of-way, open space, scenic, or conservation easements,
without regard to any limitation on the nature of the estate or interest
otherwise transferable 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 purposes of section 6 of
Public Law 96-541.
(Pub. L. 90-543, Sec. 7, Oct. 2, 1968, 82 Stat. 922; Pub. L. 95-248,
Sec. 1(3), (4), Mar. 21, 1978, 92 Stat. 160; Pub. L. 95-625, title V,
Sec. 551(17)-(21), Nov. 10, 1978, 92 Stat. 3515, 3516; Pub. L. 96-87,
title IV, Sec. 401(m)(2), (3), Oct. 12, 1979, 93 Stat. 666; Pub. L. 98-
11, title II, Sec. 207, Mar. 28, 1983, 97 Stat. 45.)
References in Text
The Volunteers in the Parks Act of 1969, referred to in subsec.
(h)(1), is Pub. L. 91-357, July 29, 1970, 84 Stat. 472, as amended,
which is classified generally to subchapter II (Sec. 18g et seq.) of
chapter 1 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 18g of this title and
Tables.
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, as amended, which is
classified generally to section 558a et seq. of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 558a of this title and Tables.
The public land laws, referred to in subsec. (h)(2), are classified
generally to Title 43, Public Lands.
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, Sec. 6(b), Jan. 12, 1983, 96
Stat. 2443, the first section of which enacted subtitle I (Sec. 101 et
seq.) of Title 49, Transportation.
Amendments
1983--Subsec. (a). Pub. L. 98-11, Sec. 207(a), designated existing
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 Register'' for ``shall publish notice
thereof in the Federal Register, together with appropriate maps and
descriptions''.
Subsec. (b). Pub. L. 98-11, Sec. 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 ``Federal Register,''.
Subsec. (c). Pub. L. 98-11, Sec. 207(c), inserted provision that the
appropriate Secretary may also provide for trail interpretation sites,
which shall be located at historic sites along the route of any national
scenic or national 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, Sec. 207(d), in first sentence,
substituted ``subsection (f) of this section'' for ``subsection (g) of
this section'', and inserted a further proviso authorizing the
appropriate Secretary to acquire lands or interests therein from local
governments or governmental corporations with the consent of such
entities.
Subsec. (f). Pub. L. 98-11, Sec. 207(e), designated existing
provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 98-11, Sec. 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, Sec. 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 designated, 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 within''
and inserted third, fourth, and fifth sentences making 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 status, for the
initiation of consultations with affected States and their political
subdivisions, and for the giving of assistance after consultation under
appropriate cooperative agreements.
Subsec. (i). Pub. L. 98-11, Sec. 207(h), added direction that the
Secretary responsible for the administration of any segment of any
component of the National Trails System also utilize authorities related
to units of the national park system or the national forest system in
carrying out his administrative responsibilities for such component.
Subsecs. (j), (k). Pub. L. 98-11, Sec. 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, Sec. 551(17), substituted
``national scenic and national historic trails'' for ``National Scenic
Trails'' in first sentence.
Subsec. (b). Pub. L. 95-625, Sec. 551(17), substituted ``scenic or
national historic'' for ``scenic'' in two places.
Subsec. (c). Pub. L. 95-625, Sec. 551(17), (18), as amended Pub. L.
96-87, Sec. 401(m)(2), substituted in first sentence ``scenic or
national historic'' for ``scenic'', in second proviso ``recreation,
national scenic, or national historic'' 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 provisions 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, Sec. 551(17), substituted ``recreation,
national scenic, or national historic'' for ``recreation or scenic''.
Pub. L. 95-248, Sec. 1(3), struck out proviso relating to acreage
limitation of acquisition.
Subsec. (e). Pub. L. 95-625, Sec. 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, Sec. 551(20), (21), as amended Pub. L.
96-87, Sec. 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 that direct
Federal acquisition for trail purposes be limited to high potential
route segments or high potential historic sites and that no land or site
located along a designated national historic trail or along the
Continental 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 historical site criteria such as those
for the National Register of Historic Places.
Pub. L. 95-248, Sec. 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, Sec. 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 sentence.
Subsec. (i). Pub. L. 95-625, Sec. 551(17), substituted ``recreation,
national scenic, or national historic'' for ``recreation or scenic''.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with system activities requiring
coordination and approval under this chapter and such functions of
Secretary or other official in Department of Agriculture, insofar as
they involve lands and programs under jurisdiction of that Department,
related to compliance with this chapter with respect to pre-
construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 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. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority 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.
Section Referred to in Other Sections
This section is referred to in sections 1244, 1249 of this title.
