§1261. National recreational trails funding program

(a) In general

The Secretary, in consultation with the Secretary of the Interior, using amounts available in the Fund, shall administer a program allocating moneys to the States for the purposes of providing and maintaining recreational trails.

(b) Statement of intent

Moneys made available under this chapter are to be used on trails and trail-related projects which have been planned and developed under the otherwise existing laws, policies and administrative procedures within each State, and which are identified in, or which further a specific goal of, a trail plan included or referenced in a Statewide Comprehensive Outdoor Recreation Plan required by the Land and Water Conservation Fund Act [16 U.S.C. 460l–4 et seq.].

(c) State eligibility

(1) Transitional provision

Until the date that is 3 years after December 18, 1991, a State shall be eligible to receive moneys under this chapter ¹ only if such State's application proposes to use the moneys as provided in subsection (e) of this section.

(2) Permanent provision

On and after the date that is three years after December 18, 1991, a State shall be eligible to receive moneys under this chapter only if-

(A) a recreational trail advisory board on which both motorized and nonmotorized recreational trail users are represented exists within the State;

(B) in the case of a State that imposes a tax on nonhighway recreational fuel, the State by law reserves a reasonable estimation of the revenues from that tax for use in providing and maintaining recreational trails;

(C) the Governor of the State has designated the State official or officials who will be responsible for administering moneys received under this chapter ¹; and

(D) the State's application proposes to use moneys received under this chapter as provided in subsection (e) of this section.

(d) Allocation of moneys in Fund

(1) Administrative costs

No more than 3 percent of the expenditures made annually from the Fund may be used to pay the cost to the Secretary for-

(A) approving applications of States for moneys under this chapter;

(B) paying expenses of the National Recreational Trails Advisory Committee;

(C) conducting national surveys of nonhighway recreational fuel consumption by State, for use in making determinations and estimations pursuant to this chapter; and

(D) if any such funds remain unexpended, research on methods to accommodate multiple trail uses and increase the compatibility of those uses, information dissemination, technical assistance, and preparation of a national trail plan as required by the National Trails System Act (16 U.S.C. 1241 et al).

(2) Allocation to States

(A) Amount

Amounts in the Fund remaining after payment of the administrative costs described in paragraph (1), shall be allocated and paid to the States annually in the following proportions:

(i) Equal amounts

50 percent of such amounts shall be allocated equally among eligible States.

(ii) Amounts proportionate to nonhighway recreational fuel use

50 percent of such amounts shall be allocated among eligible States in proportion to the amount of nonhighway recreational fuel use during the preceding year in each such State, respectively.

(B) Use of data

In determining amounts of nonhighway recreational fuel use for the purpose of subparagraph (A)(ii), the Secretary may consider data on off-highway vehicle registrations in each State.

(3) Limitation on obligations

The provisions of paragraphs (1) and (2) notwithstanding, the total of all obligations for recreational trails under this section shall not exceed-

(A) $30,000,000 for fiscal year 1992;

(B) $30,000,000 for fiscal year 1993;

(C) $30,000,000 for fiscal year 1994;

(D) $30,000,000 for fiscal year 1995;

(E) $30,000,000 for fiscal year 1996; and

(F) $30,000,000 for fiscal year 1997.

(e) Use of allocated moneys

(1) Permissible uses

A State may use moneys received under this chapter for-

(A) in an amount not exceeding 7 percent of the amount of moneys received by the State, administrative costs of the State;

(B) in an amount not exceeding 5 percent of the amount of moneys received by the State, operation of environmental protection and safety education programs relating to the use of recreational trails;

(C) development of urban trail linkages near homes and workplaces;

(D) maintenance of existing recreational trails, including the grooming and maintenance of trails across snow;

(E) restoration of areas damaged by usage of recreational trails and back country terrain;

(F) development of trail-side and trail-head facilities that meet goals identified by the National Recreational Trails Advisory Committee;

(G) provision of features which facilitate the access and use of trails by persons with disabilities;

(H) acquisition of easements for trails, or for trail corridors identified in a State trail plan;

(I) acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means;

(J) construction of new trails on State, county, municipal, or private lands, where a recreational need for such construction is shown; and

(K) only as otherwise permissible, and where necessary and required by a State Comprehensive Outdoor Recreation plan,² construction of new trails crossing Federal lands, where such construction is approved by the administering agency of the State, and the Federal agency or agencies charged with management of all impacted lands, such approval to be contingent upon compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.).

(2) Use not permitted

A State may not use moneys received under this chapter for-

(A) condemnation of any kind of interest in property;

(B)(i) construction of any recreational trail on National Forest System lands for motorized uses unless such lands-

(I) have been allocated for uses other than wilderness by an approved Forest land and resource management plan or have been released to uses other than wilderness by an Act of Congress, and

(II) such construction is otherwise consistent with the management direction in such approved land and resource management plan; or

(ii) construction of any recreational trail on Bureau of Land Management lands for motorized uses unless such lands-

(I) have been allocated for uses other than wilderness by an approved Bureau of Land Management resource management plan or have been released to uses other than wilderness by an Act of Congress, and

(II) such construction is otherwise consistent with the management direction in such approved management plans; or

(C) upgrading, expanding, or otherwise facilitating motorized use or access to trails predominantly used by non-motorized trail users and on which, as of May 1, 1991, motorized use is either prohibited or has not occurred.

(3) Grants

(A) In general

A State may provide moneys received under this chapter to make grants to private individuals, organizations, city and county governments, and other government entities as approved by the State after considering guidance from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A) of this section, for uses consistent with this section.

(B) Compliance

A State that issues such grants under subparagraph (A) shall establish measures to verify that recipients comply with the specified conditions for the use of grant moneys.

(4) Assured access to funds

Except as provided under paragraphs (6) and (8)(B), not less than 30 percent of the moneys received annually by a State under this chapter shall be reserved for uses relating to motorized recreation, and not less than 30 percent of those moneys shall be reserved for uses relating to non-motorized recreation.

(5) Diversified trail use

(A) Requirement

To the extent practicable and consistent with other requirements of this section, a State shall expend moneys received under this chapter in a manner that gives preference to project proposals which-

(i) provide for the greatest number of compatible recreational purposes including, but not limited to, those described under the definition of "recreational trail" in subsection (g)(5) of this section; or

(ii) provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized recreational trail use.

This paragraph shall remain effective until such time as a State has allocated not less than 40 percent of moneys received under this chapter in the aforementioned manner.

(B) Compliance

The State shall receive guidance for determining compliance with subparagraph (A) from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A) of this section.

(6) Small State exclusion

Any State with a total land area of less than 3,500,000 acres, and in which nonhighway recreational fuel use accounts for less than 1 percent of all such fuel use in the United States, shall be exempted from the requirements of paragraph (4) of this subsection upon application to the Secretary by the State demonstrating that it meets the conditions of this paragraph.

(7) Continuing recreational use

At the option of each State, moneys made available pursuant to this chapter may be treated as Land and Water Conservation Fund moneys for the purposes of section 6(f)(3) of the Land and Water Conservation Fund Act [16 U.S.C. 460l–8(f)(3)].

(8) Return of moneys not expended

(A) Except as provided in subparagraph (B), moneys paid to a State that are not expended or dedicated to a specific project within 4 years after receipt for the purposes stated in this subsection shall be returned to the Fund and shall thereafter be reallocated under the formula stated in subsection (d) of this section.

(B) If approved by the State recreational trail advisory board satisfying the requirements of subsection (c)(2)(A) of this section, may ³ be exempted from the requirements of paragraph (4) and expended or committed to projects for purposes otherwise stated in this subsection for a period not to extend beyond 4 years after receipt, after which any remaining moneys not expended or dedicated shall be returned to the Fund and shall thereafter be reallocated under the formula stated in subsection (d) of this section.

(f) Coordination of activities

(1) Cooperation by Federal agencies

Each agency of the United States Government that manages land on which a State proposes to construct or maintain a recreation trail pursuant to this chapter is encouraged to cooperate with the State and the Secretary in planning and carrying out the activities described in subsection (e) of this section. Nothing in this chapter diminishes or in any way alters the land management responsibilities, plans and policies established by such agencies pursuant to other applicable laws.

(2) Cooperation by private persons

(A) Written assurances

As a condition to making available moneys for work on recreational trails that would affect privately owned land, a State shall obtain written assurances that the owner of the property will cooperate with the State and participate as necessary in the activities to be conducted.

(B) Public access

Any use of a State's allocated moneys on private lands must be accompanied by an easement or other legally binding agreement that ensures public access to the recreational trail improvements funded by those moneys.

(g) Definitions

For the purposes of this section-

(1) Eligible State

The term "eligible State" means a State that meets the requirements stated in subsection (c) of this section.

(2) Fund

The term "Fund" means the National Recreational Trails Trust Fund established by section 9511 of title 26.

(3) Nonhighway recreational fuel

The term "nonhighway recreational fuel" has the meaning stated in section 9503(c)(6) of title 26.

(4) Secretary

The term "Secretary" means the Secretary of Transportation.

(5) Recreational trail

The term "recreational trail" means a thoroughfare or track across land or snow, used for recreational purposes such as bicycling, cross-country skiing, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long-distance backpacking, snowmobiling, aquatic or water activity and vehicular travel by motorcycle, four-wheel drive or all-terrain off-road vehicles, without regard to whether it is a "National Recreation Trail" designated under section 4 of the National Trails System Act (16 U.S.C. 1243).

(6) Motorized recreation

The term "motorized recreation" may not include motorized conveyances used by persons with disabilities, such as self-propelled wheelchairs, at the discretion of each State.

( Pub. L. 102–240, title I, §1302, Dec. 18, 1991, 105 Stat. 2064 .)

References in Text

The Land and Water Conservation Fund Act, referred to in subsec. (b), 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 (§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.

This chapter, referred to in subsec. (c)(1), (2)(C), was in the original "this Act", and was translated as reading "this part" meaning part B of title I of Pub. L. 102–240, which enacted this chapter, to reflect the probable intent of Congress.

The National Trails System Act, referred to in subsec. (d)(1)(D), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919 , as amended, which is classified generally to chapter 27 (§1241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of this title and Tables.

The National Environmental Policy Act, referred to in subsec. (e)(1)(K), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852 , as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (e)(1)(K), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476 , as amended, which is classified generally to subchapter I (§1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables.

The Federal Land Policy and Management Act, referred to in subsec. (e)(1)(K), probably means the Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743 , as amended, which is classified principally to chapter 35 (§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.

Short Title

Section 1301 of Pub. L. 102–240 provided that: "This part [part B (§§1301–1303) of title I of Pub. L. 102–240, enacting this chapter] may be cited as the 'Symms National Recreational Trails Act of 1991'."

Section Referred to in Other Sections

This section is referred to in section 1262 of this title; title 26 sections 9503, 9511.

¹ See References in Text note below.

² So in original. Probably should be capitalized.

³ So in original. Probably should be "moneys paid to a State may".