§ 206. — Recreational trails program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC206]
TITLE 23--HIGHWAYS
CHAPTER 2--OTHER HIGHWAYS
Sec. 206. Recreational trails program
(a) Definitions.--In this section, the following definitions apply:
(1) Motorized recreation.--The term ``motorized recreation''
means off-road recreation using any motor-powered vehicle, except
for a motorized wheelchair.
(2) Recreational trail.--The term ``recreational trail'' means a
thoroughfare or track across land or snow, used for recreational
purposes such as--
(A) pedestrian activities, including wheelchair use;
(B) skating or skateboarding;
(C) equestrian activities, including carriage driving;
(D) nonmotorized snow trail activities, including skiing;
(E) bicycling or use of other human-powered vehicles;
(F) aquatic or water activities; and
(G) motorized vehicular activities, including all-terrain
vehicle riding, motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road motorized vehicles.
(b) Program.--In accordance with this section, the Secretary, in
consultation with the Secretary of the Interior and the Secretary of
Agriculture, shall carry out a program to provide and maintain
recreational trails.
(c) State Responsibilities.--To be eligible for apportionments under
this section--
(1) the Governor of the State shall designate the State agency
or agencies that will be responsible for administering
apportionments made to the State under this section; and
(2) the State shall establish a State recreational trail
advisory committee that represents both motorized and nonmotorized
recreational trail users, which shall meet not less often than once
per fiscal year.
(d) Use of Apportioned Funds.--
(1) In general.--Funds apportioned to a State to carry out this
section shall be obligated for recreational trails and related
projects that--
(A) have been planned and developed under the laws,
policies, and administrative procedures of the State; and
(B) are identified in, or further a specific goal of, a
recreational trail plan, or a statewide comprehensive outdoor
recreation plan required by the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.), that is in effect.
(2) Permissible uses.--Permissible uses of funds apportioned to
a State for a fiscal year to carry out this section include--
(A) maintenance and restoration of existing recreational
trails;
(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational trails;
(C) purchase and lease of recreational trail construction
and maintenance equipment;
(D) construction of new recreational trails, except that, in
the case of new recreational trails crossing Federal lands,
construction of the trails shall be--
(i) permissible under other law;
(ii) necessary and required by a statewide comprehensive
outdoor recreation plan that is required by the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.) and that is in effect;
(iii) approved by the administering agency of the State
designated under subsection (c)(1); and
(iv) approved by each Federal agency having jurisdiction
over the affected lands under such terms and conditions as
the head of the Federal agency determines to be appropriate,
except that the approval shall be contingent on compliance
by the Federal agency with all applicable laws, including
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.);
(E) acquisition of easements and fee simple title to
property for recreational trails or recreational trail
corridors;
(F) payment of costs to the State incurred in administering
the program, but in an amount not to exceed 7 percent of the
apportionment made to the State for the fiscal year to carry out
this section; and
(G) operation of educational programs to promote safety and
environmental protection as those objectives relate to the use
of recreational trails, but in an amount not to exceed 5 percent
of the apportionment made to the State for the fiscal year.
(3) Use of apportionments.--
(A) In general.--Except as provided in subparagraphs (B),
(C), and (D), of the apportionments made to a State for a fiscal
year to carry out this section--
(i) 40 percent shall be used for recreational trail or
related projects that facilitate diverse recreational trail
use within a recreational trail corridor, trailside, or
trailhead, regardless of whether the project is for diverse
motorized use, for diverse nonmotorized use, or to
accommodate both motorized and nonmotorized recreational
trail use;
(ii) 30 percent shall be used for uses relating to
motorized recreation; and
(iii) 30 percent shall be used for uses relating to
nonmotorized recreation.
(B) Small state exclusion.--Any State with a total land area
of less than 3,500,000 acres shall be exempt from the
requirements of clauses (ii) and (iii) of subparagraph (A).
(C) Waiver authority.--A State recreational trail advisory
committee established under subsection (c)(2) may waive, in
whole or in part, the requirements of clauses (ii) and (iii) of
subparagraph (A) if the State recreational trail advisory
committee determines and notifies the Secretary that the State
does not have sufficient projects to meet the requirements of
clauses (ii) and (iii) of subparagraph (A).
(D) State administrative costs.--State administrative costs
eligible for funding under paragraph (2)(F) shall be exempt from
the requirements of subparagraph (A).
(4) Grants.--
(A) In general.--A State may use funds apportioned to the
State to carry out this section to make grants to private
organizations, municipal, county, State, and Federal Government
entities, and other government entities as approved by the State
after considering guidance from the State recreational trail
advisory committee established under subsection (c)(2), for uses
consistent with this section.
(B) Compliance.--A State that makes grants under
subparagraph (A) shall establish measures to verify that
recipients of the grants comply with the conditions of the
program for the use of grant funds.
(e) Environmental Benefit or Mitigation.--To the extent practicable
and consistent with the other requirements of this section, a State
should give consideration to project proposals that provide for the
redesign, reconstruction, nonroutine maintenance, or relocation of
recreational trails to benefit the natural environment or to mitigate
and minimize the impact to the natural environment.
(f) Federal Share.--
(1) In general.--Subject to the other provisions of this
subsection, the Federal share of the cost of a project under this
section shall not exceed 80 percent.
(2) Federal agency project sponsor.--Notwithstanding any other
provision of law, a Federal agency that sponsors a project under
this section may contribute additional Federal funds toward the cost
of a project, except that--
(A) the share attributable to the Secretary of
Transportation may not exceed 80 percent of the cost of a
project under this section; and
(B) the share attributable to the Secretary and the Federal
agency may not exceed 95 percent of the cost of a project under
this section.
(3) Use of funds from federal programs to provide non-federal
share.--Notwithstanding any other provision of law, the non-Federal
share of the cost of the project may include amounts made available
by the Federal Government under any Federal program that are--
(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
(B) expended on a project that is eligible for assistance
under this section.
(4) Programmatic non-federal share.--A State may allow
adjustments to the non-Federal share of an individual project for a
fiscal year under this section if the Federal share of the cost of
all projects carried out by the State under the program (excluding
projects funded under paragraph (2) or (3)) using funds apportioned
to the State for the fiscal year does not exceed 80 percent.
(5) State administrative costs.--The Federal share of the
administrative costs of a State under this subsection shall be
determined in accordance with section 120(b).
(g) Uses Not Permitted.--A State may not obligate funds apportioned
to carry out this section for--
(1) condemnation of any kind of interest in property;
(2) construction of any recreational trail on National Forest
System land for any motorized use unless--
(A) the land has been designated for uses other than
wilderness by an approved forest land and resource management
plan or has been released to uses other than wilderness by an
Act of Congress; and
(B) the construction is otherwise consistent with the
management direction in the approved forest land and resource
management plan;
(3) construction of any recreational trail on Bureau of Land
Management land for any motorized use unless the land--
(A) has been designated for uses other than wilderness by an
approved Bureau of Land Management resource management plan or
has been released to uses other than wilderness by an Act of
Congress; and
(B) the construction is otherwise consistent with the
management direction in the approved management plan; or
(4) upgrading, expanding, or otherwise facilitating motorized
use or access to recreational trails predominantly used by
nonmotorized recreational trail users and on which, as of May 1,
1991, motorized use was prohibited or had not occurred.
(h) Project Administration.--
(1) Credit for donations of funds, materials, services, or new
right-of-way.--
(A) In general.--Nothing in this title or other law shall
prevent a project sponsor from offering to donate funds,
materials, services, or a new right-of-way for the purposes of a
project eligible for assistance under this section. Any funds,
or the fair market value of any materials, services, or new
right-of-way, may be donated by any project sponsor and shall be
credited to the non-Federal share in accordance with subsection
(f).
(B) Federal project sponsors.--Any funds or the fair market
value of any materials or services may be provided by a Federal
project sponsor and shall be credited to the Federal agency's
share in accordance with subsection (f).
(2) Recreational purpose.--A project funded under this section
is intended to enhance recreational opportunity and is not subject
to section 138 of this title or section 303 of title 49.
(3) Continuing recreational use.--At the option of each State,
funds apportioned to the State to carry out this section may be
treated as Land and Water Conservation Fund apportionments for the
purposes of section 6(f)(3) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-8(f)(3)).
(4) Cooperation by private persons.--
(A) Written assurances.--As a condition of making available
apportionments for work on recreational trails that would affect
privately owned land, a State shall obtain written assurances
that the owner of the land will cooperate with the State and
participate as necessary in the activities to be conducted.
(B) Public access.--Any use of the apportionments to a State
to carry out this section on privately owned land must be
accompanied by an easement or other legally binding agreement
that ensures public access to the recreational trail
improvements funded by the apportionments.
(i) Contract Authority.--Funds authorized to carry out this section
shall be available for obligation in the same manner as if the funds
were apportioned under chapter 1, except that the Federal share of the
cost of a project under this section shall be determined in accordance
with this section.
(Added Pub. L. 105-178, title I, Sec. 1112(a), June 9, 1998, 112 Stat.
146.)
References in Text
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (d)(1)(B), (2)(D)(ii), 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 Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 460l-4 of Title 16 and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (d)(2)(D)(iv), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 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. (d)(2)(D)(iv), is Pub. L. 93-378, Aug. 17, 1974,
88 Stat. 476, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of Title 16, Conservation. For
complete classification of this Act to the Code, see Short Title note
set out under section 1600 of Title 16 and Tables.
The Federal Land Policy and Management Act of 1976, referred to in
subsec. (d)(2)(D)(iv), 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.
Prior Provisions
A prior section 206, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908,
provided for use of funds for construction and improvement of park roads
and trails and for administration of such funds according to regulations
jointly approved by the Secretary and the Secretary of the Interior,
prior to repeal by Pub. L. 97-424, title I, Sec. 126(d), Jan. 6, 1983,
96 Stat. 2115.
Encouragement of Use of Youth Conservation or Service Corps
Pub. L. 105-178, title I, Sec. 1112(e), June 9, 1998, 112 Stat. 151,
provided that: ``The Secretary shall encourage the States to enter into
contracts and cooperative agreements with qualified youth conservation
or service corps to perform construction and maintenance of recreational
trails under section 206 of title 23, United States Code.''
Section Referred to in Other Sections
This section is referred to in section 104 of this title.
