§ 1248. — Easements and rightsofway.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1248]
TITLE 16--CONSERVATION
CHAPTER 27--NATIONAL TRAILS SYSTEM
Sec. 1248. Easements and rights-of-way
(a) Authorization; conditions
The Secretary of the Interior or the Secretary of Agriculture as the
case may be, may grant easements and rights-of-way upon, over, under,
across, or along any component of the national trails system in
accordance with the laws applicable to the national park system and the
national forest system, respectively: Provided, That any conditions
contained in such easements and rights-of-way shall be related to the
policy and purposes of this chapter.
(b) Cooperation of Federal agencies with Secretary of the Interior and
Secretary of Agriculture
The Department of Defense, the Department of Transportation, the
Surface Transportation Board, the Federal Communications Commission, the
Secretary of Energy, and other Federal agencies having jurisdiction or
control over or information concerning the use, abandonment, or
disposition of roadways, utility rights-of-way, or other properties
which may be suitable for the purpose of improving or expanding the
national trails system shall cooperate with the Secretary of the
Interior and the Secretary of Agriculture in order to assure, to the
extent practicable, that any such properties having values suitable for
trail purposes may be made available for such use.
(c) Abandoned railroad grants; retention of rights
Commencing October 4, 1988, any and all right, title, interest, and
estate of the United States in all rights-of-way of the type described
in section 912 of title 43, shall remain in the United States upon the
abandonment or forfeiture of such rights-of-way, or portions thereof,
except to the extent that any such right-of-way, or portion thereof, is
embraced within a public highway no later than one year after a
determination of abandonment or forfeiture, as provided under such
section.
(d) Location, incorporation, and management
(1) All rights-of-way, or portions thereof, retained by the United
States pursuant to subsection (c) of this section which are located
within the boundaries of a conservation system unit or a National Forest
shall be added to and incorporated within such unit or National Forest
and managed in accordance with applicable provisions of law, including
this chapter.
(2) All such retained rights-of-way, or portions thereof, which are
located outside the boundaries of a conservation system unit or a
National Forest but adjacent to or contiguous with any portion of the
public lands shall be managed pursuant to the Federal Land Policy and
Management Act of 1976 [43 U.S.C. 1701 et seq.] and other applicable
law, including this section.
(3) All such retained rights-of-way, or portions thereof, which are
located outside the boundaries of a conservation system unit or National
Forest which the Secretary of the Interior determines suitable for use
as a public recreational trail or other recreational purposes shall be
managed by the Secretary for such uses, as well as for such other uses
as the Secretary determines to be appropriate pursuant to applicable
laws, as long as such uses do not preclude trail use.
(e) Release and quitclaim; conditions; sale; proceeds
(1) The Secretary of the Interior is authorized where appropriate to
release and quitclaim to a unit of government or to another entity
meeting the requirements of this subsection any and all right, title,
and interest in the surface estate of any portion of any right-of-way to
the extent any such right, title, and interest was retained by the
United States pursuant to subsection (c) of this section, if such
portion is not located within the boundaries of any conservation system
unit or National Forest. Such release and quitclaim shall be made only
in response to an application therefor by a unit of State or local
government or another entity which the Secretary of the Interior
determines to be legally and financially qualified to manage the
relevant portion for public recreational purposes. Upon receipt of such
an application, the Secretary shall publish a notice concerning such
application in a newspaper of general circulation in the area where the
relevant portion is located. Such release and quitclaim shall be on the
following conditions:
(A) If such unit or entity attempts to sell, convey, or
otherwise transfer such right, title, or interest or attempts to
permit the use of any part of such portion for any purpose
incompatible with its use for public recreation, then any and all
right, title, and interest released and quitclaimed by the Secretary
pursuant to this subsection shall revert to the United States.
(B) Such unit or entity shall assume full responsibility and
hold the United States harmless for any legal liability which might
arise with respect to the transfer, possession, use, release, or
quitclaim of such right-of-way.
(C) Notwithstanding any other provision of law, the United
States shall be under no duty to inspect such portion prior to such
release and quitclaim, and shall incur no legal liability with
respect to any hazard or any unsafe condition existing on such
portion at the time of such release and quitclaim.
(2) The Secretary is authorized to sell any portion of a right-of-
way retained by the United States pursuant to subsection (c) of this
section located outside the boundaries of a conservation system unit or
National Forest if any such portion is--
(A) not adjacent to or contiguous with any portion of the public
lands; or
(B) determined by the Secretary, pursuant to the disposal
criteria established by section 203 of the Federal Land Policy and
Management Act of 1976 [43 U.S.C. 1713], to be suitable for sale.
Prior to conducting any such sale, the Secretary shall take appropriate
steps to afford a unit of State or local government or any other entity
an opportunity to seek to obtain such portion pursuant to paragraph (1)
of this subsection.
(3) All proceeds from sales of such retained rights of way shall be
deposited into the Treasury of the United States and credited to the
Land and Water Conservation Fund as provided in section 460l-5 of this
title.
(4) The Secretary of the Interior shall annually report to the
Congress the total proceeds from sales under paragraph (2) during the
preceding fiscal year. Such report shall be included in the President's
annual budget submitted to the Congress.
(f) ``Conservation system unit'' and ``public lands'' defined
As used in this section--
(1) The term ``conservation system unit'' has the same meaning
given such term in the Alaska National Interest Lands Conservation
Act (Public Law 96-487; 94 Stat. 2371 et seq.), except that such
term shall also include units outside Alaska.
(2) The term ``public lands'' has the same meaning given such
term in the Federal Land Policy and Management Act of 1976 [43
U.S.C. 1701 et seq.].
(Pub. L. 90-543, Sec. 9, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95-91,
title III, Sec. 301(b), Aug. 4, 1977, 91 Stat. 578; Pub. L. 100-470,
Sec. 3, Oct. 4, 1988, 102 Stat. 2281; Pub. L. 104-88, title III,
Sec. 317(2), Dec. 29, 1995, 109 Stat. 949.)
References in Text
The Federal Land Policy and Management Act of 1976, referred to in
subsecs. (d)(2) and (f)(2), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
2743, as amended, which is classified principally to chapter 35
(Sec. 1701 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set out
under section 1701 of Title 43 and Tables.
The Alaska National Interest Lands Conservation Act, referred to in
subsec. (f)(1), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and Tables.
Amendments
1995--Subsec. (b). Pub. L. 104-88 substituted ``Surface
Transportation Board'' for ``Interstate Commerce Commission''.
1988--Subsecs. (c) to (f). Pub. L. 100-470 added subsecs. (c) to
(f).
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.
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.
``Secretary of Energy'' substituted for ``Federal Power Commission''
in subsec. (b) pursuant to Pub. L. 95-91, Sec. 301(b), which is
classified to section 7151(b) of Title 42, The Public Health and
Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions which were transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of
Title 42.
Abandoned Railroad Grants; Congressional Findings
Section 2 of Pub. L. 100-470 provided that: ``Congress hereby finds
that--
``(1) State and local governments have a special role to play
under the National Trails System Act [16 U.S.C. 1241 et seq.] in
acquiring and developing trails for recreation and conservation
purposes.
``(2) Many miles of public land rights-of-way have been granted
to the railroads by the United States, and much of this mileage
could be suitable for trail use at such time as it may be abandoned.
``(3) The United States should retain any residual interest it
may have in such public land rights-of-way and relinquish it, where
appropriate, in favor of State and local governments or other
nonprofit entities for trail purposes.''
Condemnation
Section 5 of Pub. L. 100-470 provided that:
``(a) Nothing in this Act [amending this section and section 1244 of
this title and enacting provisions set out as notes under this section
and section 1241 of this title] shall be construed as authorizing the
Secretary of the Interior to use condemnation proceedings to retain or
acquire all or any portion of a right-of-way described in this Act.
``(b) Nothing in this Act shall be construed to expand or diminish
existing condemnation authorities contained in the National Trails
System Act, as amended [16 U.S.C. 1241 et seq.].''
