§ 1247. — State and local area recreation and 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: 16USC1247]
TITLE 16--CONSERVATION
CHAPTER 27--NATIONAL TRAILS SYSTEM
Sec. 1247. State and local area recreation and historic trails
(a) Secretary of the Interior to encourage States, political
subdivisions, and private interests; financial assistance for
State and local projects
The Secretary of the Interior is directed to encourage States to
consider, in their comprehensive statewide outdoor recreation plans and
proposals for financial assistance for State and local projects
submitted pursuant to the Land and Water Conservation Fund Act [16
U.S.C. 460l-4 et seq.], needs and opportunities for establishing park,
forest, and other recreation and historic trails on lands owned or
administered by States, and recreation and historic trails on lands in
or near urban areas. The Secretary is also directed to encourage States
to consider, in their comprehensive statewide historic preservation
plans and proposals for financial assistance for State, local, and
private projects submitted pursuant to the Act of October 15, 1966 (80
Stat. 915), as amended [16 U.S.C. 470 et seq.], needs and opportunities
for establishing historic trails. He is further directed, in accordance
with the authority contained in the Act of May 28, 1963 (77 Stat. 49)
[16 U.S.C. 460l et seq.], to encourage States, political subdivisions,
and private interests, including nonprofit organizations, to establish
such trails.
(b) Secretary of Housing and Urban Development to encourage metropolitan
and other urban areas; administrative and financial assistance
in connection with recreation and transportation planning;
administration of urban open-space program
The Secretary of Housing and Urban Development is directed, in
administering the program of comprehensive urban planning and assistance
under section 701 \1\ of the Housing Act of 1954, to encourage the
planning of recreation trails in connection with the recreation and
transportation planning for metropolitan and other urban areas. He is
further directed, in administering the urban open-space program under
title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.], to
encourage such recreation trails.
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\1\ See References in Text note below.
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(c) Secretary of Agriculture to encourage States, local agencies, and
private interests
The Secretary of Agriculture is directed, in accordance with
authority vested in him, to encourage States and local agencies and
private interests to establish such trails.
(d) Interim use of railroad rights-of-way
The Secretary of Transportation, the Chairman of the Surface
Transportation Board, and the Secretary of the Interior, in
administering the Railroad Revitalization and Regulatory Reform Act of
1976 [45 U.S.C. 801 et seq.], shall encourage State and local agencies
and private interests to establish appropriate trails using the
provisions of such programs. Consistent with the purposes of that Act,
and in furtherance of the national policy to preserve established
railroad rights-of-way for future reactivation of rail service, to
protect rail transportation corridors, and to encourage energy efficient
transportation use, in the case of interim use of any established
railroad rights-of-way pursuant to donation, transfer, lease, sale, or
otherwise in a manner consistent with this chapter, if such interim use
is subject to restoration or reconstruction for railroad purposes, such
interim use shall not be treated, for purposes of any law or rule of
law, as an abandonment of the use of such rights-of-way for railroad
purposes. If a State, political subdivision, or qualified private
organization is prepared to assume full responsibility for management of
such rights-of-way and for any legal liability arising out of such
transfer or use, and for the payment of any and all taxes that may be
levied or assessed against such rights-of-way, then the Board shall
impose such terms and conditions as a requirement of any transfer or
conveyance for interim use in a manner consistent with this chapter, and
shall not permit abandonment or discontinuance inconsistent or
disruptive of such use.
(e) Designation and marking of trails; approval of Secretary of the
Interior
Such trails may be designated and suitably marked as parts of the
nationwide system of trails by the States, their political subdivisions,
or other appropriate administering agencies with the approval of the
Secretary of the Interior.
(Pub. L. 90-543, Sec. 8, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95-625,
title V, Sec. 551(22), Nov. 10, 1978, 92 Stat. 3516; Pub. L. 98-11,
title II, Sec. 208, Mar. 28, 1983, 97 Stat. 48; Pub. L. 104-88, title
III, Sec. 317(1), Dec. 29, 1995, 109 Stat. 949.)
References in Text
The Land and Water Conservation Fund Act, referred to in subsec.
(a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which
is classified generally to part B (Sec. 460l-4 et seq.) of subchapter
LXIX of chapter 1 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 460l-4 of this
title and Tables.
Act of October 15, 1966, referred to in subsec. (a), is Pub. L. 89-
665, as amended, popularly known as the ``National Historic Preservation
Act'' which is classified generally to subchapter II (Sec. 470 et seq.)
of chapter 1A of this title. For complete classification of this Act to
the Code, see section 470 of this title and Tables.
Act of May 28, 1963, referred to in subsec. (a), is Pub. L. 88-29,
May 28, 1963, 77 Stat. 49, as amended, which is classified generally to
part A (Sec. 460l et seq.) of subchapter LXIX of chapter 1 of this
title. For complete classification of this Act to the Code, see Tables.
Section 701 of the Housing Act of 1954, referred to in subsec. (b),
was classified to section 461 of former Title 40, Public Buildings,
Property, and Works, prior to repeal by Pub. L. 97-35, title III,
Sec. 313(b), Aug. 13, 1981, 95 Stat. 398.
The Housing Act of 1961, referred to in subsec. (b), is Pub. L. 87-
70, June 30, 1961, 75 Stat. 149, as amended. Title VII of the Housing
Act of 1961 was classified generally to chapter 8C (Sec. 1500 et seq.)
of Title 42, The Public Health and Welfare, and was omitted from the
Code pursuant to section 5316 of Title 42 which terminated authority to
make grants or loans under such title VII after Jan. 1, 1975. For
complete classification of this Act to the Code, see Short Title note
set out under section 1701 of Title 12, Banks and Banking, and Tables.
The Railroad Revitalization and Regulatory Reform Act of 1976,
referred to in subsec. (d), is Pub. L. 94-210, Feb. 5, 1976, 90 Stat.
31, as amended. For complete classification of this Act to the Code, see
Short Title note set out under section 801 of Title 45, Railroads, and
Tables.
Amendments
1995--Subsec. (d). Pub. L. 104-88 substituted ``Chairman of the
Surface Transportation Board'' for ``Chairman of the Interstate Commerce
Commission'' and ``the Board'' for ``the Commission''.
1983--Subsecs. (d), (e). Pub. L. 98-11, Sec. 208(2), added subsec.
(d) and redesignated former subsec. (d) as (e).
1978--Subsec. (a). Pub. L. 95-625 inserted ``and historic'' after
``establishing park, forest, and other recreation'' and ``administered
by States, and recreation'', and directed the Secretary to encourage
States to consider in their plans and proposals the needs and
opportunities for establishing historic trails.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
Title 49, Transportation.
