§ 1249. — Authorization of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1249]
TITLE 16--CONSERVATION
CHAPTER 27--NATIONAL TRAILS SYSTEM
Sec. 1249. Authorization of appropriations
(a)(1) There are hereby authorized to be appropriated for the
acquisition of lands or interests in lands not more than $5,000,000 for
the Appalachian National Scenic Trail and not more than $500,000 for the
Pacific Crest National Scenic Trail. From the appropriations authorized
for fiscal year 1979 and succeeding fiscal years pursuant to the Land
and Water Conservation Fund Act (78 Stat. 897), as amended [16 U.S.C.
460l-4 et seq.], not more than the following amounts may be expended for
the acquisition of lands and interests in lands authorized to be
acquired pursuant to the provisions of this chapter: for the Appalachian
National Scenic Trail, not to exceed $30,000,000 for fiscal year 1979,
$30,000,000 for fiscal year 1980, and $30,000,000 for fiscal year 1981,
except that the difference between the foregoing amounts and the actual
appropriations in any one fiscal year shall be available for
appropriation in subsequent fiscal years.
(2) It is the express intent of the Congress that the Secretary
should substantially complete the land acquisition program necessary to
insure the protection of the Appalachian Trail within three complete
fiscal years following March 21, 1978.
(b) For the purposes of Public Law 95-42 (91 Stat. 211), the lands
and interests therein acquired pursuant to this section shall be deemed
to qualify for funding under the provisions of section 1, clause 2, of
said Act [16 U.S.C. 460l-7].
(c)(1) There is hereby authorized to be appropriated such sums as
may be necessary to implement the provisions of this chapter relating to
the trails designated by section 1244(a)(3), (4), (5), (6), (7), (8),
(9), and (10) of this title: Provided, That no such funds are authorized
to be appropriated prior to October 1, 1978: And provided further, That
notwithstanding any other provisions of this chapter or any other
provisions of law, no funds may be expended by Federal agencies for the
acquisition of lands or interests in lands outside the exterior
boundaries of existing Federal areas for the Continental Divide National
Scenic Trail, the North Country National Scenic Trail, The \1\ Ice Age
National Scenic Trail, the Oregon National Historic Trail, the Mormon
Pioneer National Historic Trail, the Lewis and Clark National Historic
Trail, and the Iditarod National Historic Trail, except that funds may
be expended for the acquisition of lands or interests therein for the
purpose of providing for one trail interpretation site, as described in
section 1246(c) of this title, along with such trail in each State
crossed by the trail.
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\1\ So in original. Probably should not be capitalized.
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(2) Except as otherwise provided in this chapter, there is
authorized to be appropriated such sums as may be necessary to implement
the provisions of this chapter relating to the trails designated by
section 1244(a) of this title. Not more than $500,000 may be
appropriated for the purposes of acquisition of land and interests
therein for the trail designated by section 1244(a)(12) of this title,
and not more than $2,000,000 may be appropriated for the purposes of the
development of such trail. The administering agency for the trail shall
encourage volunteer trail groups to participate in the development of
the trail.
(Pub. L. 90-543, Sec. 10, Oct. 2, 1968, 82 Stat. 926; Pub. L. 95-248,
Sec. 1(5), Mar. 21, 1978, 92 Stat. 160; Pub. L. 95-625, title V,
Sec. 551(23), Nov. 10, 1978, 92 Stat. 3517; Pub. L. 96-199, title I,
Sec. 101(b)(4), Mar. 5, 1980, 94 Stat. 68; Pub. L. 96-370, Sec. 1(b),
Oct. 3, 1980, 94 Stat. 1360; Pub. L. 98-11, title II, Sec. 209, Mar. 28,
1983, 97 Stat. 48; Pub. L. 100-35, Sec. 1(b), May 8, 1987, 101 Stat.
302; Pub. L. 100-192, Sec. 2, Dec. 16, 1987, 101 Stat. 1309; Pub. L.
101-365, Sec. 2(b), Aug. 15, 1990, 104 Stat. 429; Pub. L. 103-437,
Sec. 6(d)(38), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 104-333, div. I,
title VIII, Sec. 814(d)(1)(J), Nov. 12, 1996, 110 Stat. 4196.)
References in Text
The Land and Water Conservation Fund Act (78 Stat. 897), as amended,
referred to in subsec. (a)(1), probably means the Land and Water
Conservation Fund Act of 1965, 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.
Public Law 95-42 (91 Stat. 211), referred to in subsec. (b), is Pub.
L. 95-42, June 10, 1977, 91 Stat. 210, which, to the extent classified
to the Code, amended sections 460l-5, 460l-7, and 460l-9 of this title.
Section 1, clause 2 of said Act amended section 460l-7 of this title.
For complete classification of this Act to the Code, see Tables.
Amendments
1996--Subsec. (a)(2). Pub. L. 104-333 struck out at end ``Until the
entire acquisition program is completed, he shall transmit in writing at
the close of each fiscal year the following information to the Committee
on Energy and Natural Resources of the Senate and to the Committee on
Natural Resources of the House of Representatives:
``(A) the amount of land acquired during the fiscal year and the
amount expended therefor;
``(B) the estimated amount of land remaining to be acquired; and
``(C) the amount of land planned for acquisition in the ensuing
fiscal year and the estimated cost thereof.''
1994--Subsec. (a)(2). Pub. L. 103-437 in introductory provisions
substituted ``Natural Resources'' for ``Interior and Insular Affairs''
after ``Committee on''.
1990--Subsec. (c)(2). Pub. L. 101-365 amended first sentence
generally. Prior to amendment, first sentence read as follows: ``There
is hereby authorized to be appropriated for fiscal year 1983 and
subsequent fiscal years such sums as may be necessary to implement the
provisions of this chapter relating to the trails designated by
paragraphs (9), (10), (11), (12), (13), (15), and (16) of section
1244(a) of this title.''
1987--Subsec. (c)(2). Pub. L. 100-192 substituted ``, (10), (11),
(12), (13), (15), and (16)'' for ``through (13) and (15)''.
Pub. L. 100-35 inserted ``and (15)'' after ``(13)''.
1983--Subsec. (a)(1). Pub. L. 98-11, Sec. 209(1), (2), inserted
``(a)(1)'' before ``There are hereby authorized to be appropriated'' at
beginning of undesignated opening paragraph, and substituted ``for the''
for ``(a) The'' before ``Appalachian National Scenic Trail'' at
beginning of former subsec. (a).
Subsec. (a)(2). Pub. L. 98-11, Sec. 209(3), (4), inserted ``(2)''
before sentence beginning ``It is the express intent of the Congress''
and substituted ``protection of the Appalachian Trail'' for ``protection
of the Trail''.
Subsec. (c). Pub. L. 98-11, Sec. 209(5), designated existing
provisions as par. (1), inserted provision that funds may be expended
for the acquisition of lands or interests therein for the purpose of
providing for one trail interpretation site, as described in section
1246(c) of this title, and added par. (2).
1980--Subsec. (c). Pub. L. 96-370 substituted ``(7), (8), (9), and
(10)'' for ``(7), and (8)'' and inserted reference to the Ice Age
National Scenic Trail.
Pub. L. 96-199 inserted references to the North Country National
Scenic Trail in two places, once by its full name and once by the
designation as the trail ``designated by'' section 1244(a)(8) of this
title, substituted ``appropriated prior to October 1, 1978'' for
``appropriated prior to October 1, 1979'', and substituted ``no funds
may be expended by Federal agencies for the acquisition of lands or
interests in lands outside the exterior boundaries of existing Federal
area'' for ``no funds may be expended for the acquisition of lands or
interests in lands''.
1978--Pub. L. 95-248 inserted provisions relating to determinations
respecting appropriations authorized for fiscal year 1979 and succeeding
fiscal years.
Subsec. (a). Pub. L. 95-625 struck out par. (1) designation,
substituted ``in subsequent fiscal years'' for ``in the subsequent
fiscal year'' and struck out par. (2) which provided for transmission of
a report to Congressional committees by the Appalachian Trail Conference
at the close of each fiscal year, until entire acquisition program was
completed, covering conduct of negotiations for acquisition program and
whether larger interests in land were being acquired than were necessary
for the purposes of this chapter.
Subsec. (c). Pub. L. 95-625 added subsec. (c).
Effective Date of Appropriation Authorizations Under Pub. L. 98-11;
Contract Authority
Section 101 of Pub. L. 98-11 provided that: ``Authorizations of
appropriations under this Act [enacting sections 1250 and 1251 of this
title, amending this section and sections 1241 to 1247 of this title,
and enacting provisions set out as a note under section 1241 of this
title] shall be effective only for the fiscal year beginning on October
1, 1983, and subsequent fiscal years. Notwithstanding any other
provision of this Act, authority to enter into contracts, and to make
payments, under this Act shall be effective only to such extent or in
such amounts as are provided in advance in appropriation Acts.''
Appropriations for Overmountain Victory National Historic Trail and Ice
Age National Scenic Trail; Effective Date; Contract Authority
Section 2 of Pub. L. 96-370 provided that: ``Authorizations of
moneys to be appropriated under this Act [amending sections 1244 and
1249 of this title] shall be effective on October 1, 1981.
Notwithstanding any other provision of this Act, authority to enter into
contracts, to incur obligations, or to make payments under this Act
shall be effective only to the extent, and in such amounts, as are
provided in advance in appropriation Acts.''
