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Page 1564 TITLE 16—CONSERVATION § 1243 Private § 1243 TITLE 16—CONSERVATION Page 1564 private organizations, shall establish a uniform (b) As provided in this section, trails within marker for the national trails system. park, forest, and other recreation areas adminis- (b) Extended trails tered by the Secretary of the Interior or the For purposes of this section, the term ‘‘ex- Secretary of Agriculture or in other federally tended trails’’ means trails or trail segments administered areas may be established and des- which total at least one hundred miles in ignated as ‘‘National Recreation Trails’’ by the length, except that historic trails of less than appropriate Secretary and, when no Federal one hundred miles may be designated as ex- land acquisition is involved— tended trails. While it is desirable that extended (i) trails in or reasonably accessible to urban trails be continuous, studies of such trails may areas may be designated as ‘‘National Recre- conclude that it is feasible to propose one or ation Trails’’ by the appropriate Secretary more trail segments which, in the aggregate, with the consent of the States, their political constitute at least one hundred miles in length. subdivisions, or other appropriate administer- ing agencies; (Pub. L. 90–543, § 3, Oct. 2, 1968, 82 Stat. 919; Pub. (ii) trails within park, forest, and other L. 95–625, title V, § 551(4), (5), Nov. 10, 1978, 92 recreation areas owned or administered by Stat. 3511, 3512; Pub. L. 98–11, title II, § 203, Mar. States may be designated as ‘‘National Recre- 28, 1983, 97 Stat. 42; Pub. L. 104–333, div. I, title ation Trails’’ by the appropriate Secretary VIII, § 814(d)(1)(E), Nov. 12, 1996, 110 Stat. 4196.) with the consent of the State; and AMENDMENTS (iii) trails on privately owned lands may be 1996—Subsec. (c). Pub. L. 104–333 struck out subsec. designated ‘‘National Recreation Trails’’ by (c) which read as follows: ‘‘On October 1, 1982, and at the appropriate Secretary with the written the beginning of each odd numbered fiscal year there- consent of the owner of the property involved. after, the Secretary of the Interior shall submit to the Speaker of the United States House of Representatives (Pub. L. 90–543, § 4, Oct. 2, 1968, 82 Stat. 919; Pub. and to the President of the United States Senate, an L. 98–11, title II, § 204, Mar. 28, 1983, 97 Stat. 43.) initial and revised (respectively) National Trails Sys- tem plan. Such comprehensive plan shall indicate the AMENDMENTS scope and extent of a completed nationwide system of 1983—Subsec. (b)(i), (ii). Pub. L. 98–11, § 204(1), sub- trails, to include (1) desirable nationally significant stituted ‘‘appropriate Secretary’’ for ‘‘Secretary of the scenic and historic components which are considered Interior’’. necessary to complete a comprehensive national sys- Subsec. (b)(iii). Pub. L. 98–11, § 204(2)–(4), added cl. tem, and (2) other trails which would balance out a (iii). complete and comprehensive nationwide system of trails. Such plan, and the periodic revisions thereto, § 1244. National scenic and national historic shall be prepared in full consultation with the Sec- retary of Agriculture, the Governors of the various trails States, and the trails community.’’ (a) Establishment and designation; administra- 1983—Subsec. (a). Pub. L. 98–11, § 203(1), (2), designated existing provisions as subsec. (a), redesignated former tion subsecs. (a) to (d) as pars. (1) to (4), respectively, and, National scenic and national historic trails in provisions preceding par. (1), substituted ‘‘shall be shall be authorized and designated only by Act composed of the following:’’ for ‘‘shall be composed of Congress. There are hereby established the of—’’. following National Scenic and National Historic Subsec. (a)(2). Pub. L. 98–11, § 203(3), inserted provi- sion authorizing the location of national scenic trails Trails: so as to represent desert, marsh, grassland, mountain, (1) The Appalachian National Scenic Trail, a canyon, river, forest, and other areas, as well as land- trail of approximately two thousand miles ex- forms which exhibit significant characteristics of the tending generally along the Appalachian Moun- physiographic regions of the Nation. tains from Mount Katahdin, Maine, to Springer Subsec. (a)(3). Pub. L. 98–11, § 203(4), (5), substituted Mountain, Georgia. Insofar as practicable, the ‘‘in this chapter are included as Federal’’ for ‘‘in this chapter, are established as initial Federal’’ in fourth right-of-way for such trail shall comprise the sentence and struck out ‘‘subsequently’’ after ‘‘The ap- trail depicted on the maps identified as ‘‘Nation- propriate Secretary may’’ in fifth sentence. wide System of Trails, Proposed Appalachian Subsecs. (b), (c). Pub. L. 98–11, § 203(6), added subsecs. Trail, NST–AT–101–May 1967’’, which shall be on (b) and (c). file and available for public inspection in the of- 1978—Subsecs. (c), (d). Pub. L. 95–625, § 551(4), (5), fice of the Director of the National Park Serv- added subsec. (c), redesignated former subsec. (c) as (d), and substituted ‘‘, national scenic or national historic’’ ice. Where practicable, such rights-of-way shall for ‘‘or national scenic’’. include lands protected for it under agreements in effect as of October 2, 1968, to which Federal § 1243. National recreation trails; establishment agencies and States were parties. The Appalach- and designation; prerequisites ian Trail shall be administered primarily as a (a) The Secretary of the Interior, or the Sec- footpath by the Secretary of the Interior, in retary of Agriculture where lands administered consultation with the Secretary of Agriculture. by him are involved, may establish and des- (2) The Pacific Crest National Scenic Trail, a ignate national recreation trails, with the con- trail of approximately two thousand three hun- sent of the Federal agency, State, or political dred fifty miles, extending from the Mexican- subdivision having jurisdiction over the lands California border northward generally along the involved, upon finding that— mountain ranges of the west coast States to the (i) such trails are reasonably accessible to Canadian-Washington border near Lake Ross, urban areas, and, or following the route as generally depicted on the (ii) such trails meet the criteria established map, identified as ‘‘Nationwide System of in this chapter and such supplementary cri- Trails, Proposed Pacific Crest Trail, teria as he may prescribe. NST–PC–103–May 1967’’ which shall be on file Page 1565 TITLE 16—CONSERVATION § 1244 and available for public inspection in the office Federal Government to acquire fee title under of the Chief of the Forest Service. The Pacific this paragraph shall be limited to an average of Crest Trail shall be administered by the Sec- not more than 1⁄4 mile on either side of the trail. retary of Agriculture, in consultation with the (6) The Lewis and Clark National Historic Secretary of the Interior. Trail, a trail of approximately three thousand (3) The Oregon National Historic Trail, a route seven hundred miles, extending from Wood of approximately two thousand miles extending River, Illinois, to the mouth of the Columbia from near Independence, Missouri, to the vicin- River in Oregon, following the outbound and in- ity of Portland, Oregon, following a route as de- bound routes of the Lewis and Clark Expedition picted on maps identified as ‘‘Primary Route of depicted on maps identified as, ‘‘Vicinity Map, the Oregon Trail 1841–1848’’, in the Department Lewis and Clark Trail’’ study report dated April of the Interior’s Oregon Trail study report dated 1977. The map shall be on file and available for April 1977, and which shall be on file and avail- public inspection in the office of the Director, able for public inspection in the office of the Di- National Park Service, Washington, D.C. The rector of the National Park Service. The trail trail shall be administered by the Secretary of shall be administered by the Secretary of the In- the Interior. No land or interest in land outside terior. No land or interest in land outside the the exterior boundaries of any federally admin- exterior boundaries of any federally adminis- istered area may be acquired by the Federal tered area may be acquired by the Federal Gov- Government for the trail except with the con- ernment for the trail except with the consent of sent of the owner of the land or interest in land. the owner of the land or interest in land. The The authority of the Federal Government to ac- authority of the Federal Government to acquire quire fee title under this paragraph shall be lim- fee title under this paragraph shall be limited to ited to an average of not more than 1⁄4 mile on an average of not more than 1⁄4 mile on either either side of the trail. side of the trail. (7) The Iditarod National Historic Trail, a (4) The Mormon Pioneer National Historic route of approximately two thousand miles ex- Trail, a route of approximately one thousand tending from Seward, Alaska, to Nome, Alaska, three hundred miles extending from Nauvoo, Il- following the routes as depicted on maps identi- linois, to Salt Lake City, Utah, following the fied as ‘‘Seward-Nome Trail’’, in the Department primary historical route of the Mormon Trail as of the Interior’s study report entitled ‘‘The generally depicted on a map, identified as, Iditarod Trail (Seward-Nome Route) and other ‘‘Mormon Trail Vicinity Map, figure 2’’ in the Alaskan Gold Rush Trails’’ dated September Department of the Interior Mormon Trail study 1977. The map shall be on file and available for report dated March 1977, and which shall be on public inspection in the office of the Director, file and available for public inspection in the of- National Park Service, Washington, D.C.
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