§ 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. The fice of the Director, National Park Service, trail shall be administered by the Secretary of Washington, D.C. The trail shall be adminis- the Interior. No land or interest in land outside tered by the Secretary of the Interior. No land the exterior boundaries of any federally admin- or interest in land outside the exterior bound- istered area may be acquired by the Federal aries of any federally administered area may be Government for the trail except with the con- acquired by the Federal Government for the sent of the owner of the land or interest in land. trail except with the consent of the owner of the The authority of the Federal Government to ac- land or interest in land. The authority of the quire fee title under this paragraph shall be lim- Federal Government to acquire fee title under ited to an average of not more than 1⁄4 mile on this paragraph shall be limited to an average of either side of the trail. not more than 1⁄4 mile on either side of the trail. (8) The North Country National Scenic Trail, a (5) The Continental Divide National Scenic trail of approximately thirty-two hundred miles, Trail, a trail of approximately thirty-one hun- extending from eastern New York State to the dred miles, extending from the Montana-Canada vicinity of Lake Sakakawea in North Dakota, border to the New Mexico-Mexico border, follow- following the approximate route depicted on the ing the approximate route depicted on the map, map identified as ‘‘Proposed North Country identified as ‘‘Proposed Continental Divide Na- Trail-Vicinity Map’’ in the Department of the tional Scenic Trail’’ in the Department of the Interior ‘‘North Country Trail Report’’, dated Interior Continental Divide Trail study report June 1975. The map shall be on file and available dated March 1977 and which shall be on file and for public inspection in the office of the Direc- available for public inspection in the office of tor, National Park Service, Washington, Dis- the Chief, Forest Service, Washington, D.C. The trict of Columbia. The trail shall be adminis- Continental Divide National Scenic Trail shall tered by the Secretary of the Interior. No land be administered by the Secretary of Agriculture or interest in land outside the exterior bound- in consultation with the Secretary of the Inte- aries of any federally administered area may be rior. Notwithstanding the provisions of section acquired by the Federal Government for the 1246(c) of this title, the use of motorized vehicles trail except with the consent of the owner of the on roads which will be designated segments of land or interest in land. the Continental Divide National Scenic Trail (9) The Overmountain Victory National His- shall be permitted in accordance with regula- toric Trail, a system totaling approximately tions prescribed by the appropriate Secretary. two hundred seventy-two miles of trail with No land or interest in land outside the exterior routes from the mustering point near Abingdon, boundaries of any federally administered area Virginia, to Sycamore Shoals (near may be acquired by the Federal Government for Elizabethton, Tennessee); from Sycamore Shoals the trail except with the consent of the owner of to Quaker Meadows (near Morganton, North the land or interest in land. The authority of the Carolina); from the mustering point in Surry § 1244 TITLE 16—CONSERVATION Page 1566

County, North Carolina, to Quaker Meadows; rior and dated August 1979. The map shall be on and from Quaker Meadows to Kings Mountain, file and available for public inspection in the of- South Carolina, as depicted on the map identi- fice of the Director of the National Park Serv- fied as Map 3—Historic Features—1780 in the ice, Department of the Interior, Washington, draft study report entitled ‘‘Overmountain Vic- District of Columbia. The trail shall be adminis- tory Trail’’ dated December 1979. The map shall tered by the Secretary of the Interior. be on file and available for public inspection in (13) The Florida National Scenic Trail, a route the Office of the Director, National Park Serv- of approximately thirteen hundred miles extend- ice, Washington, District of Columbia. The trail ing through the State of Florida as generally de- shall be administered by the Secretary of the In- picted in ‘‘The Florida Trail’’, a national scenic terior. trail study draft report prepared by the Depart- (10) The Ice Age National Scenic Trail, a trail ment of the Interior and dated February 1980. of approximately one thousand miles, extending The report shall be on file and available for pub- from Door County, Wisconsin, to Interstate lic inspection in the office of the Chief of the Park in Saint Croix County, Wisconsin, gener- Forest Service, Washington, District of Colum- ally following the route described in ‘‘On the bia. No lands or interests therein outside the ex- Trail of the Ice Age—A Hiker’s and Biker’s terior boundaries of any federally administered Guide to Wisconsin’s Ice Age National Scientific area may be acquired by the Federal Govern- Reserve and Trail’’, by Henry S. Reuss, Member ment for the Florida Trail except with the con- of Congress, dated 1980. The guide and maps sent of the owner thereof. The Secretary of Ag- shall be on file and available for public inspec- riculture may designate lands outside of feder- tion in the Office of the Director, National Park ally administered areas as segments of the trail, Service, Washington, District of Columbia. only upon application from the States or local Overall administration of the trail shall be the governmental agencies involved, if such seg- responsibility of the Secretary of the Interior ments meet the criteria established in this chap- pursuant to subsection (d) of this section. The ter and are administered by such agencies with- State of Wisconsin, in consultation with the out expense to the United States. The trail shall Secretary of the Interior, may, subject to the be administered by the Secretary of Agriculture. approval of the Secretary, prepare a plan for the (14) The Nez Perce National Historic Trail, a management of the trail which shall be deemed route of approximately eleven hundred and sev- to meet the requirements of subsection (e) of enty miles extending from the vicinity of this section. Notwithstanding the provisions of Wallowa Lake, Oregon, to Bear Paw Mountain, section 1246(c) of this title, snowmobile use may Montana, as generally depicted in ‘‘Nez Perce be permitted on segments of the Ice Age Na- (Nee-Me-Poo) Trail Study Report’’ prepared by tional Scenic Trail where deemed appropriate by the Department of Agriculture and dated March the Secretary and the managing authority re- 1982. The report shall be on file and available for sponsible for the segment. No land or interest in public inspection in the Office of the Chief of the land outside the exterior boundaries of any fed- Forest Service, Washington, District of Colum- erally administered area may be acquired by the bia. The trail shall be administered by the Sec- Federal Government for the trail except with retary of Agriculture. So that significant route the consent of the owner of the land or interest segments and sites recognized as associated with in land. the Nez Perce Trail may be distinguished by (11) The Potomac Heritage National Scenic suitable markers, the Secretary of Agriculture Trail, a corridor of approximately seven hundred is authorized to accept the donation of suitable and four miles following the route as generally markers for placement at appropriate locations. depicted on the map identified as ‘‘National Any such markers associated with the Nez Perce Trails System, Proposed Potomac Heritage Trail which are to be located on lands adminis- Trail’’ in ‘‘The Potomac Heritage Trail’’, a re- tered by any other department or agency of the port prepared by the Department of the Interior United States may be placed on such lands only and dated December 1974, except that no des- with the concurrence of the head of such depart- ignation of the trail shall be made in the State ment or agency. No land or interest in land out- of West Virginia. The map shall be on file and side the exterior boundaries of any federally ad- available for public inspection in the office of ministered area may be acquired by the Federal the Director of the National Park Service, Government for the trail except with the con- Washington, District of Columbia. The trail sent of the owner of the land or interest in land. shall initially consist of only those segments of The authority of the Federal Government to ac- the corridor located within the exterior bound- quire fee title under this paragraph shall be lim- aries of federally administered areas. The trail ited to an average of not more than 1⁄4 mile on shall be administered by the Secretary of the In- either side of the trail. terior. No land or interest in land outside the (15) The Santa Fe National Historic Trail, a exterior boundaries of any federally adminis- trail of approximately 950 miles from a point tered area may be acquired by the Federal Gov- near Old Franklin, Missouri, through Kansas, ernment for the trail except with the consent of Oklahoma, and Colorado to Santa Fe, New Mex- the owner of the land or interest in land. ico, as generally depicted on a map entitled (12) The Natchez Trace National Scenic Trail, ‘‘The Santa Fe Trail’’ contained in the Final Re- a trail system of approximately six hundred and port of the Secretary of the Interior pursuant to ninety-four miles extending from Nashville, subsection (b) of this section, dated July 1976. Tennessee, to Natchez, Mississippi, as depicted The map shall be on file and available for public on the map entitled ‘‘Concept Plan, Natchez inspection in the office of the Director of the Trace Trails Study’’ in ‘‘The Natchez Trace’’, a National Park Service, Washington, District of report prepared by the Department of the Inte- Columbia. The trail shall be administered by the Page 1567 TITLE 16—CONSERVATION § 1244

Secretary of the Interior. No lands or interests nizations. No lands or interests in lands outside therein outside the exterior boundaries of any the exterior boundaries of any federally admin- federally administered area may be acquired by istered area may be acquired by the Federal the Federal Government for the Santa Fe Trail Government for the Trail of Tears National His- except with the consent of the owner thereof. toric Trail except with the consent of the owner Before acquiring any easement or entering into thereof. any cooperative agreement with a private land- (17) The Juan Bautista de Anza National His- owner with respect to the trail, the Secretary toric Trail, a trail comprising the overland shall notify the landowner of the potential li- route traveled by Captain Juan Bautista de ability, if any, for injury to the public resulting Anza of Spain during the years 1775 and 1776 from physical conditions which may be on the from Sonora, Mexico, to the vicinity of San landowner’s land. The United States shall not be Francisco, California, of approximately 1,200 held liable by reason of such notice or failure to miles through Arizona and California, as gener- provide such notice to the landowner. So that ally described in the report of the Department of significant route segments and sites recognized the Interior prepared pursuant to subsection (b) as associated with the Santa Fe Trail may be of this section entitled ‘‘Juan Bautista de Anza distinguished by suitable markers, the Sec- National Trail Study, Feasibility Study and En- retary of the Interior is authorized to accept the vironmental Assessment’’ and dated August donation of suitable markers for placement at 1986. A map generally depicting the trail shall be appropriate locations. on file and available for public inspection in the (16)(A) The Trail of Tears National Historic Office of the Director of the National Park Serv- Trail, a trail consisting of water routes and ice, Washington, District of Columbia. The trail overland routes traveled by the Cherokee Nation shall be administered by the Secretary of the In- during its removal from ancestral lands in the terior. No lands or interests therein outside the East to Oklahoma during 1838 and 1839, gener- exterior boundaries of any federally adminis- ally located within the corridor described tered area may be acquired by the Federal Gov- through portions of Georgia, North Carolina, ernment for the Juan Bautista de Anza National Alabama, Tennessee, Kentucky, Illinois, Mis- Historic Trail without the consent of the owner souri, Arkansas, and Oklahoma in the final re- thereof. In implementing this paragraph, the port of the Secretary of the Interior prepared Secretary shall encourage volunteer trail groups pursuant to subsection (b) of this section enti- to participate in the development and mainte- tled ‘‘Trail of Tears’’ and dated June 1986. Maps nance of the trail. depicting the corridor shall be on file and avail- (18) The California National Historic Trail, a able for public inspection in the Office of the Na- route of approximately five thousand seven hun- tional Park Service, Department of the Interior. dred miles, including all routes and cutoffs, ex- The trail shall be administered by the Secretary tending from Independence and Saint Joseph, of the Interior. No lands or interests therein Missouri, and Council Bluffs, Iowa, to various outside the exterior boundaries of any federally points in California and Oregon, as generally de- administered area may be acquired by the Fed- scribed in the report of the Department of the eral Government for the Trail of Tears except Interior prepared pursuant to subsection (b) of with the consent of the owner thereof. this section entitled ‘‘California and Pony Ex- (B) In carrying out his responsibilities pursu- press Trails, Eligibility/Feasibility Study/Envi- ant to sections 1244(f) and 1246(c) of this title, ronmental Assessment’’ and dated September the Secretary of the Interior shall give careful 1987. A map generally depicting the route shall consideration to the establishment of appro- be on file and available for public inspection in priate interpretive sites for the Trail of Tears in the Office of the National Park Service, Depart- the vicinity of Hopkinsville, Kentucky, Fort ment of the Interior. The trail shall be adminis- Smith, Arkansas, Trail of Tears State Park, tered by the Secretary of the Interior. No lands Missouri, and Tahlequah, Oklahoma. or interests therein outside the exterior bound- (C) In addition to the areas otherwise des- aries of any federally administered area may be ignated under this paragraph, the following acquired by the United States for the California routes and land components by which the Chero- National Historic Trail except with the consent kee Nation was removed to Oklahoma are com- of the owner thereof. ponents of the Trail of Tears National Historic (19) The Pony Express National Historic Trail, Trail, as generally described in the environ- a route of approximately one thousand nine mentally preferred alternative of the November hundred miles, including the original route and 2007 Feasibility Study Amendment and Environ- subsequent route changes, extending from Saint mental Assessment for Trail of Tears National Joseph, Missouri, to Sacramento, California, as Historic Trail: generally described in the report of the Depart- (i) The Benge and Bell routes. ment of the Interior prepared pursuant to sub- (ii) The land components of the designated section (b) of this section entitled ‘‘California water routes in Alabama, Arkansas, Okla- and Pony Express Trails, Eligibility/Feasibility homa, and Tennessee. Study/Environmental Assessment’’, and dated (iii) The routes from the collection forts in September 1987. A map generally depicting the Alabama, Georgia, North Carolina, and Ten- route shall be on file and available for public in- nessee to the emigration depots. spection in the Office of the National Park Serv- (iv) The related campgrounds located along ice, Department of the Interior. The trail shall the routes and land components described in be administered by the Secretary of the Inte- clauses (i) through (iii). rior. No lands or interests therein outside the (D) The Secretary may accept donations for exterior boundaries of any federally adminis- the Trail from private, nonprofit, or tribal orga- tered area may be acquired by the United States § 1244 TITLE 16—CONSERVATION Page 1568 for the Pony Express National Historic Trail ex- (22) ALA KAHAKAI NATIONAL HISTORIC TRAIL.— cept with the consent of the owner thereof. (A) IN GENERAL.—The Ala Kahakai National (20) The Selma to Montgomery National His- Historic Trail (the Trail by the Sea), a 175 toric Trail, consisting of 54 miles of city streets mile long trail extending from ‘Upolu Point on and United States Highway 80 from Brown Chap- the north tip of Hawaii Island down the west el A.M.E. Church in Selma to the State Capitol coast of the Island around Ka Lae to the east Building in Montgomery, Alabama, traveled by boundary of Hawai‘i Volcanoes National Park voting rights advocates during March 1965 to at the ancient shoreline temple known as dramatize the need for voting rights legislation, ‘‘Waha‘ula’’, as generally depicted on the map as generally described in the report of the Sec- entitled ‘‘Ala Kahakai Trail’’, contained in the retary of the Interior prepared pursuant to sub- report prepared pursuant to subsection (b) of section (b) of this section entitled ‘‘Selma to this section entitled ‘‘Ala Kahakai National Montgomery’’ and dated April 1993. Maps depict- Trail Study and Environmental Impact State- ing the route shall be on file and available for ment’’, dated January 1998. public inspection in the Office of the National (B) MAP.—A map generally depicting the Park Service, Department of the Interior. The trail shall be on file and available for public trail shall be administered in accordance with inspection in the Office of the National Park this chapter, including section 1246(h) of this Service, Department of the Interior. title. The Secretary of the Interior, acting (C) ADMINISTRATION.—The trail shall be ad- through the National Park Service, which shall ministered by the Secretary of the Interior. be the lead Federal agency, shall cooperate with (D) LAND ACQUISITION.—No land or interest other Federal, State and local authorities to in land outside the exterior boundaries of any preserve historic sites along the route, including federally administered area may be acquired (but not limited to) the Edmund Pettus Bridge by the United States for the trail except with and the Brown Chapel A.M.E. Church. the consent of the owner of the land or inter- (21) EL CAMINO REAL DE TIERRA ADENTRO.— est in land. (A) El Camino Real de Tierra Adentro (the (E) PUBLIC PARTICIPATION; CONSULTATION.— Royal Road of the Interior) National Historic The Secretary of the Interior shall— Trail, a 404 mile long trail from the Rio (i) encourage communities and owners of Grande near El Paso, Texas to San Juan Pueb- land along the trail, native Hawaiians, and lo, New Mexico, as generally depicted on the volunteer trail groups to participate in the maps entitled ‘‘United States Route: El Ca- planning, development, and maintenance of mino Real de Tierra Adentro’’, contained in the trail; and the report prepared pursuant to subsection (b) (ii) consult with affected Federal, State, of this section entitled ‘‘National Historic and local agencies, native Hawaiian groups, Trail Feasibility Study and Environmental and landowners in the administration of the Assessment: El Camino Real de Tierra trail. Adentro, Texas-New Mexico’’, dated March 1997. (23) OLD SPANISH NATIONAL HISTORIC TRAIL.— (B) MAP.—A map generally depicting the (A) IN GENERAL.—The Old Spanish National trail shall be on file and available for public Historic Trail, an approximately 2,700 mile inspection in the Office of the National Park long trail extending from Santa Fe, New Mex- Service, Department of the Interior. ico, to Los Angeles, California, that served as (C) ADMINISTRATION.—The Trail shall be ad- a major trade route between 1829 and 1848, as ministered by the Secretary of the Interior. generally depicted on the maps numbered 1 (D) LAND ACQUISITION.—No lands or interests through 9, as contained in the report entitled therein outside the exterior boundaries of any ‘‘Old Spanish Trail National Historic Trail federally administered area may be acquired Feasibility Study’’, dated July 2001, including by the Federal Government for El Camino the Armijo Route, Northern Route, North Real de Tierra Adentro except with the con- Branch, and Mojave Road. sent of the owner thereof. (B) MAP.—A map generally depicting the (E) VOLUNTEER GROUPS; CONSULTATION.—The trail shall be on file and available for public Secretary of the Interior shall— inspection in the appropriate offices of the De- (i) encourage volunteer trail groups to par- partment of the Interior. ticipate in the development and mainte- (C) ADMINISTRATION.—The trail shall be ad- nance of the trail; and ministered by the Secretary of the Interior (ii) consult with other affected Federal, (referred to in this paragraph as the ‘‘Sec- State, local governmental, and tribal agen- retary’’). cies in the administration of the trail. (D) LAND ACQUISITION.—The United States (F) COORDINATION OF ACTIVITIES.—The Sec- shall not acquire for the trail any land or in- retary of the Interior may coordinate with terest in land outside the exterior boundary of United States and Mexican public and non- any federally-managed area without the con- governmental organizations, academic institu- sent of the owner of the land or interest in tions, and, in consultation with the Secretary land. of State, the government of Mexico and its po- (E) CONSULTATION.—The Secretary shall con- litical subdivisions, for the purpose of ex- sult with other Federal, State, local, and trib- changing trail information and research, fos- al agencies in the administration of the trail. tering trail preservation and educational pro- (F) ADDITIONAL ROUTES.—The Secretary may grams, providing technical assistance, and designate additional routes to the trail if— working to establish an international historic (i) the additional routes were included in trail with complementary preservation and the Old Spanish Trail National Historic education programs in each nation. Trail Feasibility Study, but were not rec- Page 1569 TITLE 16—CONSERVATION § 1244

ommended for designation as a national his- District of Columbia, that traces the 1607–1609 toric trail; and voyages of Captain John Smith to chart the (ii) the Secretary determines that the ad- land and waterways of the Chesapeake Bay, as ditional routes were used for trade and com- generally depicted on the map entitled ‘‘Cap- merce between 1829 and 1848. tain John Smith Chesapeake National Historic Trail Map MD, VA, DE, and DC’’, numbered (24) EL CAMINO REAL DE LOS TEJAS NATIONAL P–16/8000 (CAJO), and dated May 2006. HISTORIC TRAIL.— (B) MAP.—The map referred to in subpara- (A) IN GENERAL.—El Camino Real de los graph (A) shall be on file and available for Tejas (the Royal Road to the Tejas) National public inspection in the appropriate offices of Historic Trail, a combination of historic the National Park Service. routes (including the Old San Antonio Road) (C) ADMINISTRATION.—The trail shall be ad- totaling approximately 2,580 miles, extending ministered by the Secretary of the Interior— from the Rio Grande near Eagle Pass and La- (i) in coordination with— redo, Texas, to Natchitoches, Louisiana, as (I) the Chesapeake Bay Gateways and generally depicted on the map entitled ‘‘El Ca- Watertrails Network authorized under the mino Real de los Tejas’’ contained in the re- Chesapeake Bay Initiative Act of 1998 (16 port entitled ‘‘National Historic Trail Fea- U.S.C. 461 note; 112 Stat. 2961); and sibility Study and Environmental Assessment: (II) the Chesapeake Bay Program au- El Camino Real de los Tejas, Texas-Louisi- thorized under section 1267 of title 33; and ana’’, dated July 1998. (ii) in consultation with— (B) MAP.—A map generally depicting the (I) other Federal, State, tribal, regional, trail shall be on file and available for public and local agencies; and inspection in the appropriate offices of the Na- (II) the private sector. tional Park Service. (C) ADMINISTRATION.—(i) The Secretary of (D) LAND ACQUISITION.—The United States the Interior (referred to in this paragraph as shall not acquire for the trail any land or in- ‘‘the Secretary’’) shall administer the trail. terest in land outside the exterior boundary of (ii) The Secretary shall administer those any federally-managed area without the con- portions of the trail on non-Federal land only sent of the owner of the land or interest in with the consent of the owner of such land and land. when such trail portion qualifies for certifi- (26) STAR-SPANGLED BANNER NATIONAL HISTORIC cation as an officially established component TRAIL.— of the trail, consistent with section 1242(a)(3) (A) IN GENERAL.—The Star-Spangled Banner of this title. An owner’s approval of a certifi- National Historic Trail, a trail consisting of cation agreement shall satisfy the consent re- water and overland routes totaling approxi- quirement. A certification agreement may be mately 290 miles, extending from Tangier Is- terminated at any time. land, Virginia, through southern Maryland, (iii) The designation of the trail does not au- the District of Columbia, and northern Vir- thorize any person to enter private property ginia, in the Chesapeake Bay, Patuxent River, without the consent of the owner. Potomac River, and north to the Patapsco (D) CONSULTATION.—The Secretary shall con- River, and Baltimore, Maryland, commemo- sult with appropriate State and local agencies rating the Chesapeake Campaign of the War of in the planning and development of the trail. 1812 (including the British invasion of Wash- (E) COORDINATION OF ACTIVITIES.—The Sec- ington, District of Columbia, and its associ- retary may coordinate with United States and ated feints, and the Battle of Baltimore in Mexican public and nongovernmental organi- summer 1814), as generally depicted on the zations, academic institutions, and, in con- map titled ‘‘Star-Spangled Banner National sultation with the Secretary of State, the Historic Trail’’, numbered T02/80,000, and dated Government of Mexico and its political sub- June 2007. divisions, for the purpose of exchanging trail (B) MAP.—The map referred to in subpara- information and research, fostering trail pres- graph (A) shall be maintained on file and ervation and educational programs, providing available for public inspection in the appro- technical assistance, and working to establish priate offices of the National Park Service. an international historic trail with com- (C) ADMINISTRATION.—Subject to subpara- plementary preservation and education pro- graph (E)(ii), the trail shall be administered grams in each nation. by the Secretary of the Interior. (F) LAND ACQUISITION.—The United States (D) LAND ACQUISITION.—No land or interest shall not acquire for the trail any land or in- in land outside the exterior boundaries of any terest in land outside the exterior boundary of federally administered area may be acquired any federally-administered area without the by the United States for the trail except with consent of the owner of the land or interest in the consent of the owner of the land or inter- land. est in land. (E) PUBLIC PARTICIPATION.—The Secretary of (25) CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL the Interior shall— HISTORIC TRAIL.— (i) encourage communities, owners of land (A) IN GENERAL.—The Captain John Smith along the trail, and volunteer trail groups to Chesapeake National Historic Trail, a series of participate in the planning, development, water routes extending approximately 3,000 and maintenance of the trail; and miles along the Chesapeake Bay and the tribu- (ii) consult with other affected landowners taries of the Chesapeake Bay in the States of and Federal, State, and local agencies in the Virginia, Maryland, and Delaware, and in the administration of the trail. § 1244 TITLE 16—CONSERVATION Page 1570

(F) INTERPRETATION AND ASSISTANCE.—Sub- (ii) the private sector. ject to the availability of appropriations, the (D) LAND ACQUISITION.—The United States Secretary of the Interior may provide, to shall not acquire for the trail any land or in- State and local governments and nonprofit or- terest in land outside the exterior boundary of ganizations, interpretive programs and serv- any federally-managed area without the con- ices and technical assistance for use in— sent of the owner of the land or interest in (i) carrying out preservation and develop- land. ment of the trail; and (ii) providing education relating to the (30) PACIFIC NORTHWEST NATIONAL SCENIC War of 1812 along the trail. TRAIL.— (A) IN GENERAL.—The Pacific Northwest Na- (27) ARIZONA NATIONAL SCENIC TRAIL.— tional Scenic Trail, a trail of approximately (A) IN GENERAL.—The Arizona National Sce- 1,200 miles, extending from the Continental nic Trail, extending approximately 807 miles Divide in Glacier National Park, Montana, to across the State of Arizona from the the Pacific Ocean Coast in Olympic National U.S.–Mexico international border to the Park, Washington, following the route de- Arizona–Utah border, as generally depicted on picted on the map entitled ‘‘Pacific Northwest the map entitled ‘‘Arizona National Scenic National Scenic Trail: Proposed Trail’’, num- Trail’’ and dated December 5, 2007, to be ad- bered T12/80,000, and dated February 2008 (re- ministered by the Secretary of Agriculture, in ferred to in this paragraph as the ‘‘map’’). consultation with the Secretary of the Inte- (B) AVAILABILITY OF MAP.—The map shall be rior and appropriate State, tribal, and local on file and available for public inspection in governmental agencies. the appropriate offices of the Forest Service. (B) AVAILABILITY OF MAP.—The map shall be (C) ADMINISTRATION.—The Pacific Northwest on file and available for public inspection in National Scenic Trail shall be administered by appropriate offices of the Forest Service. the Secretary of Agriculture. (D) LAND ACQUISITION.—The United States (28) NEW ENGLAND NATIONAL SCENIC TRAIL.—The shall not acquire for the Pacific Northwest New England National Scenic Trail, a continu- National Scenic Trail any land or interest in ous trail extending approximately 220 miles land outside the exterior boundary of any fed- from the border of New Hampshire in the town erally-managed area without the consent of of Royalston, Massachusetts to Long Island the owner of the land or interest in land. Sound in the town of Guilford, Connecticut, as (b) Additional national scenic or national his- generally depicted on the map titled ‘‘New Eng- toric trails; feasibility studies; consultations; land National Scenic Trail Proposed Route’’, submission of studies to Congress; scope of numbered T06/80,000, and dated October 2007. The studies; qualifications for national historic map shall be on file and available for public in- trail designation spection in the appropriate offices of the Na- The Secretary of the Interior, through the tional Park Service. The Secretary of the Inte- agency most likely to administer such trail, and rior, in consultation with appropriate Federal, the Secretary of Agriculture where lands admin- State, tribal, regional, and local agencies, and istered by him are involved, shall make such ad- other organizations, shall administer the trail ditional studies as are herein or may hereafter after considering the recommendations of the be authorized by the Congress for the purpose of report titled the ‘‘Metacomet Monadnock determining the feasibility and desirability of Mattabesset Trail System National Scenic Trail designating other trails as national scenic or na- Feasibility Study and Environmental Assess- tional historic trails. Such studies shall be made ment’’, prepared by the National Park Service, in consultation with the heads of other Federal and dated Spring 2006. The United States shall agencies administering lands through which not acquire for the trail any land or interest in such additional proposed trails would pass and land without the consent of the owner. in cooperation with interested interstate, State, (29) WASHINGTON-ROCHAMBEAU REVOLUTIONARY and local governmental agencies, public and pri- ROUTE NATIONAL HISTORIC TRAIL.— vate organizations, and landowners and land (A) IN GENERAL.—The Washington-Rocham- users concerned. The feasibility of designating a beau Revolutionary Route National Historic trail shall be determined on the basis of an eval- Trail, a corridor of approximately 600 miles uation of whether or not it is physically possible following the route taken by the armies of to develop a trail along a route being studied, General George Washington and Count Ro- and whether the development of a trail would be chambeau between Newport, Rhode Island, and financially feasible. The studies listed in sub- Yorktown, Virginia, in 1781 and 1782, as gener- section (c) of this section shall be completed and ally depicted on the map entitled ‘‘WASHING- submitted to the Congress, with recommenda- TON-ROCHAMBEAU REVOLUTIONARY tions as to the suitability of trail designation, ROUTE NATIONAL HISTORIC TRAIL’’, num- not later than three complete fiscal years from bered T01/80,001, and dated June 2007. the date of enactment of their addition to this (B) MAP.—The map referred to in subpara- subsection, or from November 10, 1978, whichever graph (A) shall be on file and available for is later. Such studies, when submitted, shall be public inspection in the appropriate offices of printed as a House or Senate document, and the National Park Service. shall include, but not be limited to: (C) ADMINISTRATION.—The trail shall be ad- (1) the proposed route of such trail (includ- ministered by the Secretary of the Interior, in ing maps and illustrations); consultation with— (2) the areas adjacent to such trails, to be (i) other Federal, State, tribal, regional, utilized for scenic, historic, natural, cultural, and local agencies; and or developmental, purposes; Page 1571 TITLE 16—CONSERVATION § 1244

(3) the characteristics which, in the judg- merce, exploration, migration and settle- ment of the appropriate Secretary, make the ment, or military campaigns. To qualify as proposed trail worthy of designation as a na- nationally significant, historic use of the tional scenic or national historic trail; and in trail must have had a far-reaching effect on the case of national historic trails the report broad patterns of American culture. Trails shall include the recommendation of the Sec- significant in the history of native Ameri- retary of the Interior’s National Park System cans may be included. Advisory Board as to the national historic sig- (C) It must have significant potential for nificance based on the criteria developed public recreational use or historical interest under the Historic Sites Act of 1935 (49 Stat. based on historic interpretation and appre- 666; 16 U.S.C. 461); ciation. The potential for such use is gener- (4) the current status of land ownership and ally greater along roadless segments devel- current and potential use along the designated oped as historic trails, and at historic sites route; associated with the trail. The presence of (5) the estimated cost of acquisition of lands recreation potential not related to historic or interests in lands, if any; appreciation is not sufficient justification (6) the plans for developing and maintaining for designation under this category. the trail and the cost thereof; (c) Routes subject to consideration for designa- (7) the proposed Federal administering agen- tion as national scenic trails cy (which, in the case of a national scenic trail The following routes shall be studied in ac- wholly or substantially within a national for- cordance with the objectives outlined in sub- est, shall be the Department of Agriculture); section (b) of this section: (8) the extent to which a State or its politi- (1) Continental Divide Trail, a three-thousand- cal subdivisions and public and private organi- one-hundred-mile trail extending from near the zations might reasonably be expected to par- Mexican border in southwestern New Mexico ticipate in acquiring the necessary lands and northward generally along the Continental Di- in the administration thereof; vide to the Canadian border in Glacier National (9) the relative uses of the lands involved, in- Park. cluding: the number of anticipated visitor- (2) Potomac Heritage Trail, an eight-hundred- days for the entire length of, as well as for seg- and-twenty-five-mile trail extending generally ments of, such trail; the number of months from the mouth of the Potomac River to its which such trail, or segments thereof, will be sources in Pennsylvania and West Virginia, in- open for recreation purposes; the economic cluding the one-hundred-and-seventy-mile and social benefits which might accrue from Chesapeake and Ohio Canal towpath. alternate land uses; and the estimated man- (3) Old Cattle Trails of the Southwest from the years of civilian employment and expenditures vicinity of San Antonio, Texas, approximately expected for the purposes of maintenance, su- eight hundred miles through Oklahoma via Bax- pervision, and regulation of such trail; ter Springs and Chetopa, Kansas, to Fort Scott, (10) the anticipated impact of public outdoor Kansas, including the Chisholm Trail, from the recreation use on the preservation of a pro- vicinity of San Antonio or Cuero, Texas, ap- posed national historic trail and its related proximately eight hundred miles north through historic and archeological features and set- Oklahoma to Abilene, Kansas. tings, including the measures proposed to en- (4) Lewis and Clark Trail, from Wood River, Il- sure evaluation and preservation of the values linois, to the Pacific Ocean in Oregon, following that contribute to their national historic sig- both the outbound and inbound routes of the nificance; and Lewis and Clark Expedition. (11) to qualify for designation as a national (5) Natchez Trace, from Nashville, Tennessee, historic trail, a trail must meet all three of approximately six hundred miles to Natchez, the following criteria: Mississippi. (A) It must be a trail or route established (6) North Country Trail, from the Appalachian by historic use and must be historically sig- Trail in Vermont, approximately three thousand nificant as a result of that use. The route two hundred miles through the States of New need not currently exist as a discernible York, Pennsylvania, Ohio, Michigan, Wisconsin, trail to qualify, but its location must be suf- and Minnesota, to the Lewis and Clark Trail in ficiently known to permit evaluation of pub- North Dakota. lic recreation and historical interest poten- (7) Kittanning Trail from Shirleysburg in Hun- tial. A designated trail should generally ac- tingdon County to Kittanning, Armstrong Coun- curately follow the historic route, but may ty, Pennsylvania. deviate somewhat on occasion of necessity (8) Oregon Trail, from Independence, Missouri, to avoid difficult routing through subse- approximately two thousand miles to near Fort quent development, or to provide some route Vancouver, Washington. variation offering a more pleasurable rec- (9) Santa Fe Trail, from Independence, Mis- reational experience. Such deviations shall souri, approximately eight hundred miles to be so noted on site. Trail segments no longer Santa Fe, New Mexico. possible to travel by trail due to subsequent (10) Long Trail, extending two hundred and development as motorized transportation fifty-five miles from the Massachusetts border routes may be designated and marked onsite northward through Vermont to the Canadian as segments which link to the historic trail. border. (B) It must be of national significance (11) Mormon Trail, extending from Nauvoo, Il- with respect to any of several broad facets of linois, to Salt Lake City, Utah, through the American history, such as trade and com- States of Iowa, Nebraska, and Wyoming. § 1244 TITLE 16—CONSERVATION Page 1572

(12) Gold Rush Trails in Alaska. (25) Trail of Tears, including the associated (13) Mormon Battalion Trail, extending two forts and specifically, Fort Mitchell, Alabama, thousand miles from Mount Pisgah, Iowa, and historic properties, extending from the vi- through Kansas, Colorado, New Mexico, and Ari- cinity of Murphy, North Carolina, through Geor- zona to Los Angeles, California. gia, Alabama, Tennessee, Kentucky, Illinois, (14) El Camino Real from St. Augustine to San Missouri, and Arkansas, to the vicinity of Tah- Mateo, Florida, approximately 20 miles along lequah, Oklahoma. the southern boundary of the St. Johns River (26) Illinois Trail, extending from the Lewis from Fort Caroline National Memorial to the St. and Clark Trail at Wood River, Illinois, to the Augustine National Park Monument. Chicago Portage National Historic Site, gener- (15) Bartram Trail, extending through the ally following the Illinois River and the Illinois States of Georgia, North Carolina, South Caro- and Michigan Canal. lina, Alabama, Florida, Louisiana, Mississippi, (27) Jedediah Smith Trail, to include the and Tennessee. routes of the explorations led by Jedediah (16) Daniel Boone Trail, extending from the vi- Smith— cinity of Statesville, North Carolina, to Fort (A) during the period 1826–1827, extending Boonesborough State Park, Kentucky. from the Idaho-Wyoming border, through the (17) Desert Trail, extending from the Canadian Great Salt Lake, Sevier, Virgin, and Colorado border through parts of Idaho, Washington, Or- River Valleys, and the Mojave Desert, to the egon, Nevada, California, and Arizona, to the San Gabriel Mission, California; thence Mexican border. through the Tehachapi Mountains, San Joa- (18) Dominguez-Escalante Trail, extending ap- quin and Stanislaus River Valleys, Ebbetts proximately two thousand miles along the route Pass, Walker River Valley, Bald Mount, of the 1776 expedition led by Father Francisco Mount Grafton, and Great Salt Lake to Bear Atanasio Dominguez and Father Silvestre Velez Lake, Utah; and de Escalante, originating in Santa Fe, New Mex- (B) during 1828, extending from the Sac- ramento and Trinity River Valleys along the ico; proceeding northwest along the San Juan, Pacific coastline, through the Smith and Wil- Dolores, Gunnison, and White Rivers in Colo- lamette River Valleys to the Fort Vancouver rado; thence westerly to Utah Lake; thence National Historic Site, Washington, on the Co- southward to Arizona and returning to Santa lumbia River. Fe. (19) Florida Trail, extending north from Ever- (28) General Crook Trail, extending from Pres- glades National Park, including the Big Cypress cott, Arizona, across the Mogollon Rim to Fort Swamp, the Kissimmee Prairie, the Withla- Apache. coochee State Forest, Ocala National Forest, (29) Beale Wagon Road, within the Kaibab and Osceola National Forest, and Black Water River Coconino National Forests in Arizona: Provided, State Forest, said completed trail to be approxi- That such study may be prepared in conjunction mately one thousand three hundred miles long, with ongoing planning processes for these Na- of which over four hundred miles of trail have tional Forests to be completed before 1990. already been built. (30) Pony Express Trail, extending from Saint (20) Indian Nations Trail, extending from the Joseph, Missouri, through Kansas, Nebraska, Red River in Oklahoma approximately two hun- Colorado, Wyoming, Utah, Nevada, to Sac- ramento, California, as indicated on a map la- dred miles northward through the former Indian beled ‘‘Potential Pony Express Trail’’, dated Oc- nations to the Oklahoma-Kansas boundary line. (21) Nez Perce Trail extending from the vicin- tober 1983 and the California Trail, extending from the vicinity of Omaha, Nebraska, and ity of Wallowa Lake, Oregon, to Bear Paw Saint Joseph, Missouri, to various points in Mountain, Montana. California, as indicated on a map labeled ‘‘Po- (22) Pacific Northwest Trail, extending ap- tential California Trail’’ and dated August 1, proximately one thousand miles from the Con- 1983. Notwithstanding subsection (b) of this sec- tinental Divide in Glacier National Park, Mon- tion, the study under this paragraph shall be tana, to the Pacific Ocean beach of Olympic Na- completed and submitted to the Congress no tional Park, Washington, by way of— later than the end of two complete fiscal years (A) Flathead National Forest and Kootenai beginning after August 28, 1984. Such study shall National Forest in the State of Montana; be separated into two portions, one relating to (B) Kaniksu National Forest in the State of the Pony Express Trail and one relating to the Idaho; and (C) Colville National Forest, Okanogan Na- California Trail. (31) De Soto Trail, the approximate route tional Forest, Pasayten Wilderness Area, Ross taken by the expedition of the Spanish explorer Lake National Recreation Area, North Cas- Hernado de Soto in 1539, extending through por- cades National Park, Mount Baker, the Skagit tions of the States of Florida, Georgia, South River, Deception Pass, Whidbey Island, Olym- Carolina, North Carolina, Tennessee, Alabama, pic National Forest, and Olympic National Mississippi, to the area of Little Rock, Arkan- Park in the State of Washington. sas, on to Texas and Louisiana, and any other (23) Overmountain Victory Trail, extending States which may have been crossed by the ex- from the vicinity of Elizabethton, Tennessee, to pedition. The study under this paragraph shall Kings Mountain National Military Park, South be prepared in accordance with subsection (b) of Carolina. this section, except that it shall be completed (24) Juan Bautista de Anza Trail, following the and submitted to the Congress with recom- overland route taken by Juan Bautista de Anza mendations as to the trail’s suitability for des- in connection with his travels from the United ignation not later than one calendar year after Mexican States to San Francisco, California. December 11, 1987. Page 1573 TITLE 16—CONSERVATION § 1244

(32) Coronado Trail, the approximate route (ii) examine the major connecting branch taken by the expedition of the Spanish explorer routes; Francisco Vasquez de Coronado between 1540 and (iii) determine the individual or combined 1542, extending through portions of the States of suitability and feasibility of routes for poten- Arizona, New Mexico, Texas, Oklahoma, and tial national historic trail designation; Kansas. The study under this paragraph shall be (iv) consider the preservation heritage plan prepared in accordance with subsection (b) of developed by the Texas Department of Trans- this section. In conducting the study under this portation entitled ‘‘A Texas Legacy: The Old paragraph, the Secretary shall provide for (A) San Antonio Road and the Caminos Reales’’, the review of all original Spanish documenta- dated January, 1991; and tion on the Coronado Trail, (B) the continuing (v) make recommendations concerning the search for new primary documentation on the suitability and feasibility of establishing an trail, and (C) the examination of all information international historical park where the trail on the archeological sites along the trail. crosses the United States-Mexico border at (33) The route from Selma to Montgomery, Maverick County, Texas, and Guerrero, Mex- Alabama traveled by people in a march drama- ico. tizing the need for voting rights legislation, in (C) The Secretary of the Interior is authorized March 1965, includes Sylvan South Street, Water to work in cooperation with the government of Avenue, the Edmund Pettus Bridge, and High- Mexico (including, but not limited to providing way 80. The study under this paragraph shall be technical assistance) to determine the suit- prepared in accordance with subsection (b) of ability and feasibility of establishing an inter- this section, except that it shall be completed national historic trail along the El Camino Real and submitted to the Congress with recom- Para Los Texas. mendations as to the trail’s suitability for des- (D) The study shall be undertaken in consulta- ignation not later than 1 year after July 3, 1990. tion with the Louisiana Department of Trans- (34) American Discovery Trail, extending from portation and Development and the Texas De- Pt. Reyes, California, across the United States partment of Transportation. through Nevada, Utah, Colorado, Kansas, Ne- (E) The study shall consider alternative name braska, Missouri, Iowa, Illinois, Indiana, Ohio, designations for the trail. West Virginia, Maryland, and the District of Co- (F) The study shall be completed no later than lumbia, to Cape Henlopen State Park, Delaware; two years after the date funds are made avail- to include in the central United States a north- able for the study. ern route through Colorado, Nebraska, Iowa, Il- (38) The Old Spanish Trail, beginning in Santa linois, and Indiana and a southern route through Fe, New Mexico, proceeding through Colorado Colorado, Kansas, Missouri, Illinois, and Indi- and Utah, and ending in Los Angeles, California, ana. and the Northern Branch of the Old Spanish (35) Ala Kahakai Trail in the State of Hawaii, Trail, beginning near Espanola, New Mexico, an ancient Hawaiian trail on the Island of Ha- proceeding through Colorado, and ending near waii extending from the northern tip of the Is- Crescent Junction, Utah. land of Hawaii approximately 175 miles along (39) The Great Western Scenic Trail, a system the western and southern coasts to the northern of trails to accommodate a variety of travel boundary of Hawai‘i Volcanoes National Park. users in a corridor of approximately 3,100 miles (36)(A) El Camino Real de Tierra Adentro, the in length extending from the Arizona-Mexico approximately 1,800 mile route extending from border to the Idaho-Montana-Canada border, fol- Mexico City, Mexico, across the international lowing the approximate route depicted on the border at El Paso, Texas, to Santa Fe, New Mex- map identified as ‘‘Great Western Trail Cor- ico. (B) The study shall— ridor, 1988’’, which shall be on file and available (i) examine changing routes within the gen- for public inspection in the Office of the Chief of eral corridor; the Forest Service, United States Department of (ii) examine major connecting branch Agriculture. The trail study shall be conducted routes; and by the Secretary of Agriculture, in consultation (iii) give due consideration to alternative with the Secretary of the Interior, in accordance name designations. with subsection (b) of this section and shall in- clude— (C) The Secretary of the Interior is authorized (A) the current status of land ownership and to work in cooperation with the Government of current and potential use along the designated Mexico (including, but not limited to providing route; technical assistance) to determine the suit- (B) the estimated cost of acquisition of lands ability and feasibility of establishing an inter- or interests in lands, if any; and national historic route along the El Camino (C) an examination of the appropriateness of Real de Tierra Adentro. motorized trail use along the trail. (37)(A) El Camino Real Para Los Texas, the ap- proximate series of routes from Saltillo, (40) STAR-SPANGLED BANNER NATIONAL HIS- Monclova, and Guerrero, Mexico across Texas TORIC TRAIL.— through San Antonio and Nacogdoches, to the (A) IN GENERAL.—The Star-Spangled Banner vicinity of Los Adaes, Louisiana, together with National Historic Trail, tracing the War of the evolving routes later known as the San An- 1812 route from the arrival of the British fleet tonio Road. in the Patuxent River in Calvert County and (B) The study shall— St. Mary’s County, Maryland, the landing of (i) examine the changing roads within the the British forces at Benedict, the sinking of historic corridor; the Chesapeake Flotilla at Pig Point, the § 1244 TITLE 16—CONSERVATION Page 1574

American defeat at the Battle of Bladensburg, (B) The study shall be conducted in consulta- the siege of the Nation’s Capital, Washington, tion with Federal, State, regional, and local District of Columbia (including the burning of agencies and representatives of the private sec- the United States Capitol and the White tor, including the entities responsible for admin- House), the British naval diversions in the istering— upper Chesapeake Bay leading to the Battle of (i) the Chesapeake Bay Gateways and Water- Caulk’s Field in Kent County, Maryland, the trails Network authorized under the Chesa- route of the American troops from Washington peake Bay Initiative Act of 1998 (16 U.S.C. 461 through Georgetown, the Maryland Counties note; title V of Public Law 105–312); and of Montgomery, Howard, and Baltimore, and (ii) the Chesapeake Bay Program authorized the City of Baltimore, Maryland, to the Battle under section 1267 of title 33. of North Point, and the ultimate victory of the Americans at Fort McHenry on September (C) The study shall include an extensive analy- 14, 1814. sis of the potential impacts the designation of (B) AFFECTED AREAS.—The trail crosses eight the trail as a national historic watertrail is counties within the boundaries of the State of likely to have on land and water, including Maryland, the City of Baltimore, Maryland, docks and piers, along the proposed route or bor- and Washington, District of Columbia. dering the study route that is privately owned (C) COORDINATION WITH OTHER CONGRESSION- at the time the study is conducted. ALLY MANDATED ACTIVITIES.—The study under (44) CHISHOLM TRAIL.— this paragraph shall be undertaken in coordi- (A) IN GENERAL.—The Chisholm Trail (also nation with the study authorized under sec- known as the ‘‘Abilene Trail’’), from the vicin- tion 603 of the Omnibus Parks and Public ity of San Antonio, Texas, segments from the Lands Management Act of 1996 (16 U.S.C. 1a–5 vicinity of Cuero, Texas, to Ft. Worth, Texas, note; 110 Stat. 4172) and the Chesapeake Bay Duncan, Oklahoma, alternate segments used Gateways and Watertrails Network authorized through Oklahoma, to Enid, Oklahoma, under the Chesapeake Bay Initiative Act of Caldwell, Kansas, Wichita, Kansas, Abilene, 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such Kansas, and commonly used segments running coordination shall extend to any research to alternative Kansas destinations. needed to complete the studies and any find- (B) REQUIREMENT.—In conducting the study ings and implementation actions that result required under this paragraph, the Secretary from the studies and shall use available re- of the Interior shall identify the point at sources to the greatest extent possible to which the trail originated south of San Anto- avoid unnecessary duplication of effort. nio, Texas. (D) DEADLINE FOR STUDY.—Not later than 2 (45) GREAT WESTERN TRAIL.— years after funds are made available for the (A) IN GENERAL.—The Great Western Trail study under this paragraph, the study shall be (also known as the ‘‘Dodge City Trail’’), from completed and transmitted with final recom- the vicinity of San Antonio, Texas, north-by- mendations to the Committee on Resources in northwest through the vicinities of Kerrville the House of Representatives and the Commit- and Menard, Texas, north-by-northeast tee on Energy and Natural Resources in the through the vicinities of Coleman and Albany, Senate. Texas, north through the vicinity of Vernon, (41) METACOMET-MONADNOCK-MATTABESETT Texas, to Doan’s Crossing, Texas, northward TRAIL.—The Metacomet-Monadnock- through or near the vicinities of Altus, Lone Mattabesett Trail, a system of trails and poten- Wolf, Canute, Vici, and May, Oklahoma, north tial trails extending southward approximately through Kansas to Dodge City, and north 180 miles through western Massachusetts on the through Nebraska to Ogallala. Metacomet-Monadnock Trail, across central (B) REQUIREMENT.—In conducting the study Connecticut on the Metacomet Trail and the required under this paragraph, the Secretary Mattabesett Trail, and ending at Long Island of the Interior shall identify the point at Sound. which the trail originated south of San Anto- (42) The Long Walk Trail, a series of routes nio, Texas. which the Navajo and Mescalero Apache Indian tribes were forced to walk beginning in the fall (d) Trail advisory councils; establishment and of 1863 as a result of their removal by the United termination; term and compensation; mem- States Government from their ancestral lands, bership; chairman generally located within a corridor extending The Secretary charged with the administra- through portions of Canyon de Chelley, Arizona, tion of each respective trail shall, within one and Albuquerque, Canyon Blanco, Anton Chico, year of the date of the addition of any national Canyon Piedra Pintado, and Fort Sumner, New scenic or national historic trail to the System, Mexico. and within sixty days of November 10, 1978, for (43)(A) The Captain John Smith Chesapeake the Appalachian and Pacific Crest National Sce- National Historic Watertrail, a series of routes nic Trails, establish an advisory council for each extending approximately 3,000 miles along the such trail, each of which councils shall expire Chesapeake Bay and the tributaries of the ten years from the date of its establishment, ex- Chesapeake Bay in the States of Virginia, Mary- cept that the Advisory Council established for land, Pennsylvania, and Delaware and the Dis- the Iditarod Historic Trail shall expire twenty trict of Columbia that traces Captain John years from the date of its establishment. If the Smith’s voyages charting the land and water- appropriate Secretary is unable to establish ways of the Chesapeake Bay and the tributaries such an advisory council because of the lack of of the Chesapeake Bay. adequate public interest, the Secretary shall so Page 1575 TITLE 16—CONSERVATION § 1244 advise the appropriate committees of the Con- ticipated cooperative agreements to be con- gress. The appropriate Secretary shall consult summated with other entities, and an identi- with such council from time to time with re- fied carrying capacity of the trail and a plan spect to matters relating to the trail, including for its implementation; the selection of rights-of-way, standards for the (2) an acquisition or protection plan, by fis- erection and maintenance of markers along the cal year, for all lands to be acquired by fee trail, and the administration of the trail. The title or lesser interest, along with detailed ex- members of each advisory council, which shall planation of anticipated necessary cooperative not exceed thirty-five in number, shall serve for agreements for any lands not to be acquired; a term of two years and without compensation and as such, but the Secretary may pay, upon vouch- (3) general and site-specific development ers signed by the chairman of the council, the plans including anticipated costs. expenses reasonably incurred by the council and (f) Comprehensive national historic trail plan; its members in carrying out their responsibil- consultation; submission to Congressional ities under this section. Members of each coun- committees cil shall be appointed by the appropriate Sec- retary as follows: Within two complete fiscal years of the date of (1) the head of each Federal department or enactment of legislation designating a national independent agency administering lands historic trail or the Continental Divide National through which the trail route passes, or his Scenic Trail or the North Country National Sce- designee; nic Trail as part of the system, the responsible (2) a member appointed to represent each Secretary shall, after full consultation with af- State through which the trail passes, and such fected Federal land managing agencies, the Gov- appointments shall be made from recom- ernors of the affected States, and the relevant mendations of the Governors of such States; Advisory Council established pursuant to sub- (3) one or more members appointed to rep- section (d) of this section, submit to the Com- resent private organizations, including cor- mittee on Natural Resources of the House of porate and individual landowners and land Representatives and the Committee on Energy users, which in the opinion of the Secretary, and Natural Resources of the Senate, a compre- have an established and recognized interest in hensive plan for the management, and use of the the trail, and such appointments shall be trail, including but not limited to, the following made from recommendations of the heads of items: such organizations: Provided, That the Appa- (1) specific objectives and practices to be ob- lachian Trail Conference shall be represented served in the management of the trail, includ- by a sufficient number of persons to represent ing the identification of all significant natu- the various sections of the country through ral, historical, and cultural resources to be which the Appalachian Trail passes; and preserved, details of any anticipated coopera- (4) the Secretary shall designate one mem- tive agreements to be consummated with ber to be chairman and shall fill vacancies in State and local government agencies or pri- the same manner as the original appointment. vate interests, and for national scenic or na- tional historic trails an identified carrying ca- (e) Comprehensive national scenic trail plan; pacity of the trail and a plan for its implemen- consultation; submission to Congressional tation; committees (2) the process to be followed by the appro- Within two complete fiscal years of the date of priate Secretary to implement the marking enactment of legislation designating a national requirements established in section 1246(c) of scenic trail, except for the Continental Divide this title; National Scenic Trail and the North Country (3) a protection plan for any high potential National Scenic Trail, as part of the system, and historic sites or high potential route seg- within two complete fiscal years of November ments; and 10, 1978, for the Pacific Crest and Appalachian (4) general and site-specific development Trails, the responsible Secretary shall, after full plans, including anticipated costs. consultation with affected Federal land manag- (g) Revision of feasibility and suitability studies ing agencies, the Governors of the affected of existing national historic trails States, the relevant advisory council established pursuant to subsection (d) of this section, and (1) Definitions the Appalachian Trail Conference in the case of In this subsection: the Appalachian Trail, submit to the Committee (A) Route on Natural Resources of the House of Represent- The term ‘‘route’’ includes a trail segment atives and the Committee on Energy and Natu- commonly known as a cutoff. ral Resources of the Senate, a comprehensive plan for the acquisition, management, develop- (B) Shared route ment, and use of the trail, including but not The term ‘‘shared route’’ means a route limited to, the following items: that was a segment of more than 1 historic (1) specific objectives and practices to be ob- trail, including a route shared with an exist- served in the management of the trail, includ- ing national historic trail. ing the identification of all significant natu- (2) Requirements for revision ral, historical, and cultural resources to be preserved (along with high potential historic (A) In general sites and high potential route segments in the The Secretary of the Interior shall revise case of national historic trails), details of an- the feasibility and suitability studies for § 1244 TITLE 16—CONSERVATION Page 1576

certain national trails for consideration of (i) Missouri Valley routes possible additions to the trails. (I) Blue Mills-Independence Road. (B) Study requirements and objectives (II) Westport Landing Road. The study requirements and objectives (III) Westport-Lawrence Road. specified in subsection (b) shall apply to a (IV) Fort Leavenworth-Blue River route. study required by this subsection. (V) Road to Amazonia. (VI) Union Ferry Route. (C) Completion and submission of study (VII) Old Wyoming-Nebraska City cutoff. A study listed in this subsection shall be (VIII) Lower Plattsmouth Route. completed and submitted to Congress not (IX) Lower Bellevue Route. later than 3 complete fiscal years from the (X) Woodbury cutoff. date funds are made available for the study. (XI) Blue Ridge cutoff. (3) Oregon National Historic Trail (XII) Westport Road. (A) Study required (XIII) Gum Springs-Fort Leavenworth route. The Secretary of the Interior shall under- (XIV) Atchison/Independence Creek take a study of the routes of the Oregon routes. Trail listed in subparagraph (B) and gener- (XV) Fort Leavenworth-Kansas River ally depicted on the map entitled ‘‘Western route. Emigrant Trails 1830/1870’’ and dated 1991/ (XVI) Nebraska City cutoff routes. 1993, and of such other routes of the Oregon (XVII) Minersville-Nebraska City Road. Trail that the Secretary considers appro- (XVIII) Upper Plattsmouth route. priate, to determine the feasibility and suit- (XIX) Upper Bellevue route. ability of designation of 1 or more of the routes as components of the Oregon National (ii) Central routes Historic Trail. (I) Cherokee Trail, including splits. (B) Covered routes (II) Weber Canyon route of Hastings cut- off. The routes to be studied under subpara- (III) Bishop Creek cutoff. graph (A) shall include the following: (IV) McAuley cutoff. (i) Whitman Mission route. (V) Diamond Springs cutoff. (ii) Upper Columbia River. (VI) Secret Pass. (iii) Cowlitz River route. (VII) Greenhorn cutoff. (iv) Meek cutoff. (VIII) Central Overland Trail. (v) Free Emigrant Road. (iii) Western routes (vi) North Alternate Oregon Trail. (vii) Goodale’s cutoff. (I) Bidwell-Bartleson route. (viii) North Side alternate route. (II) Georgetown/Dagget Pass Trail. (ix) Cutoff to Barlow Road. (III) Big Trees Road. (x) Naches Pass Trail. (IV) Grizzly Flat cutoff. (V) Nevada City Road. (4) Pony Express National Historic Trail (VI) Yreka Trail. The Secretary of the Interior shall under- (VII) Henness Pass route. take a study of the approximately 20-mile (VIII) Johnson cutoff. southern alternative route of the Pony Ex- (IX) Luther Pass Trail. press Trail from Wathena, Kansas, to Troy, (X) Volcano Road. Kansas, and such other routes of the Pony Ex- (XI) Sacramento-Coloma Wagon Road. press Trail that the Secretary considers appro- (XII) Burnett cutoff. priate, to determine the feasibility and suit- (XIII) Placer County Road to Auburn. ability of designation of 1 or more of the (6) Mormon Pioneer National Historic Trail routes as components of the Pony Express Na- tional Historic Trail. (A) Study required (5) California National Historic Trail The Secretary of the Interior shall under- take a study of the routes of the Mormon (A) Study required Pioneer Trail listed in subparagraph (B) and The Secretary of the Interior shall under- generally depicted in the map entitled take a study of the Missouri Valley, central, ‘‘Western Emigrant Trails 1830/1870’’ and and western routes of the California Trail dated 1991/1993, and of such other routes of listed in subparagraph (B) and generally de- the Mormon Pioneer Trail that the Sec- picted on the map entitled ‘‘Western Emi- retary considers appropriate, to determine grant Trails 1830/1870’’ and dated 1991/1993, the feasibility and suitability of designation and of such other and shared Missouri Val- of 1 or more of the routes as components of ley, central, and western routes that the the Mormon Pioneer National Historic Trail. Secretary considers appropriate, to deter- (B) Covered routes mine the feasibility and suitability of des- ignation of 1 or more of the routes as compo- The routes to be studied under subpara- nents of the California National Historic graph (A) shall include the following: Trail. (i) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa). (B) Covered routes (ii) 1856–57 Handcart route (Iowa City to The routes to be studied under subpara- Council Bluffs). graph (A) shall include the following: (iii) Keokuk route (Iowa). Page 1577 TITLE 16—CONSERVATION § 1244

(iv) 1847 Alternative Elkhorn and Loup Pub. L. 110–229, title III, § 341, May 8, 2008, 122 River Crossings in Nebraska. Stat. 795; Pub. L. 111–11, title V, §§ 5201, 5202(a), (v) Fort Leavenworth Road; Ox Bow 5204–5206, 5301(a), 5302, 5303, title VII, § 7116(f), route and alternates in Kansas and Mis- Mar. 30, 2009, 123 Stat. 1154, 1158, 1159, 1161, 1164, souri (Oregon and California Trail routes 1203.)

used by Mormon emigrants). REFERENCES IN TEXT (vi) 1850 Golden Pass Road in Utah. The Chesapeake Bay Initiative Act of 1998, referred to (7) Shared California and Oregon Trail routes in subsecs. (a)(25)(C)(i)(I) and (c)(40)(C), (43)(B)(i), is (A) Study required title V of Pub. L. 105–312, Oct. 30, 1998, 112 Stat. 2961, The Secretary of the Interior shall under- which is classified as a note under section 461 of this title. For complete classification of this Act to the take a study of the shared routes of the Cali- Code, see Tables. fornia Trail and Oregon Trail listed in sub- The Historic Sites Act of 1935 (49 Stat. 666; 16 U.S.C. paragraph (B) and generally depicted on the 461), referred to in subsec. (b)(3), which is also known as map entitled ‘‘Western Emigrant Trails 1830/ the Historic Sites, Buildings, and Antiquities Act, is 1870’’ and dated 1991/1993, and of such other act Aug. 21, 1935, ch. 593, 49 Stat. 666, as amended, which shared routes that the Secretary considers is classified to sections 461 to 467 of this title. For com- appropriate, to determine the feasibility and plete classification of this Act to the Code, see Short Title note set out under section 461 of this title and suitability of designation of 1 or more of the Tables. routes as shared components of the Califor- Section 603 of the Omnibus Parks and Public Lands nia National Historic Trail and the Oregon Management Act of 1996, referred to in subsec. National Historic Trail. (c)(40)(C), is section 603 of Pub. L. 104–333, which is clas- (B) Covered routes sified as a note under section 1a–5 of this title. The routes to be studied under subpara- AMENDMENTS graph (A) shall include the following: 2009—Subsec. (a)(3) to (7). Pub. L. 111–11, (i) St. Joe Road. § 5301(a)(1)–(5), inserted at end ‘‘No land or interest in (ii) Council Bluffs Road. land outside the exterior boundaries of any federally administered area may be acquired by the Federal Gov- (iii) Sublette cutoff. ernment for the trail except with the consent of the (iv) Applegate route. owner of the land or interest in land. The authority of (v) Old Fort Kearny Road (Oxbow Trail). the Federal Government to acquire fee title under this (vi) Childs cutoff. paragraph shall be limited to an average of not more (vii) Raft River to Applegate. than 1⁄4 mile on either side of the trail.’’ Subsec. (a)(8), (10). Pub. L. 111–11, § 5301(a)(6), (7), in- (Pub. L. 90–543, § 5, Oct. 2, 1968, 82 Stat. 920; Pub. serted at end ‘‘No land or interest in land outside the L. 94–527, Oct. 17, 1976, 90 Stat. 2481; Pub. L. exterior boundaries of any federally administered area 95–248, § 1(1), (2), Mar. 21, 1978, 92 Stat. 159; Pub. may be acquired by the Federal Government for the L. 95–625, title V, § 551 (7)–(15), Nov. 10, 1978, 92 trail except with the consent of the owner of the land Stat. 3512–3515; Pub. L. 96–87, title IV, § 401(m)(1), or interest in land.’’ Subsec. (a)(11). Pub. L. 111–11, § 5301(a)(8), struck out Oct. 12, 1979, 93 Stat. 666; Pub. L. 96–199, title I, ‘‘No lands or interests therein outside the exterior § 101(b)(1)–(3), Mar. 5, 1980, 94 Stat. 67, 68; Pub. L. boundaries of any federally administered area may be 96–344, § 14, Sept. 8, 1980, 94 Stat. 1136; Pub. L. acquired by the Federal Government for the Potomac 96–370, § 1(a), Oct. 3, 1980, 94 Stat. 1360; Pub. L. Heritage Trail. The Secretary of the Interior may des- 98–11, title II, § 205, Mar. 28, 1983, 97 Stat. 43; Pub. ignate lands outside of federally administered areas as L. 98–405, § 1, Aug. 28, 1984, 98 Stat. 1483; Pub. L. segments of the trail, only upon application from the 99–445, § 1, Oct. 6, 1986, 100 Stat. 1122; Pub. L. States or local governmental agencies involved, if such segments meet the criteria established in this chapter 100–35, § 1(a), May 8, 1987, 101 Stat. 302; Pub. L. and are administered by such agencies without expense 100–187, § 3, Dec. 11, 1987, 101 Stat. 1287; Pub. L. to the United States.’’ before ‘‘The trail shall be admin- 100–192, § 1, Dec. 16, 1987, 101 Stat. 1309; Pub. L. istered’’ and inserted at end ‘‘No land or interest in 100–470, § 4, Oct. 4, 1988, 102 Stat. 2283; Pub. L. land outside the exterior boundaries of any federally 100–559, title II, § 203, Oct. 28, 1988, 102 Stat. 2797; administered area may be acquired by the Federal Gov- Pub. L. 101–321, § 3, July 3, 1990, 104 Stat. 293; ernment for the trail except with the consent of the Pub. L. 101–365, § 2(a), Aug. 15, 1990, 104 Stat. 429; owner of the land or interest in land.’’ Subsec. (a)(14). Pub. L. 111–11, § 5301(a)(9), struck out Pub. L. 102–328, § 1, Aug. 3, 1992, 106 Stat. 845; ‘‘No lands or interests therein outside the exterior Pub. L. 102–461, Oct. 23, 1992, 106 Stat. 2273; Pub. boundaries of any federally administered area may be L. 103–144, § 3, Nov. 17, 1993, 107 Stat. 1494; Pub. L. acquired by the Federal Government for the Nez Perce 103–145, § 3, Nov. 17, 1993, 107 Stat. 1497; Pub. L. National Historic Trail. The Secretary of Agriculture 103–437, § 6(d)(38), Nov. 2, 1994, 108 Stat. 4585; Pub. may designate lands outside of federally administered L. 104–333, div. I, title IV, §§ 402, 403, title V, § 501, areas as segments of the trail upon application from Nov. 12, 1996, 110 Stat. 4148, 4153; Pub. L. 106–135, the States or local governmental agencies involved if § 3, Dec. 7, 1999, 113 Stat. 1686; Pub. L. 106–307, § 3, such segments meet the criteria established in this chapter and are administered by such agencies without Oct. 13, 2000, 114 Stat. 1075; Pub. L. 106–509, § 3, expense to the United States.’’ before ‘‘So that signifi- Nov. 13, 2000, 114 Stat. 2361; Pub. L. 106–510, cant route segments’’ and inserted at end ‘‘No land or § 3(a)(2), Nov. 13, 2000, 114 Stat. 2363; Pub. L. interest in land outside the exterior boundaries of any 107–214, § 3, Aug. 21, 2002, 116 Stat. 1053; Pub. L. federally administered area may be acquired by the 107–325, § 2, Dec. 4, 2002, 116 Stat. 2790; Pub. L. Federal Government for the trail except with the con- 107–338, § 2, Dec. 16, 2002, 116 Stat. 2886; Pub. L. sent of the owner of the land or interest in land. The 108–342, § 2, Oct. 18, 2004, 118 Stat. 1370; Pub. L. authority of the Federal Government to acquire fee 108–352, § 14(1), Oct. 21, 2004, 118 Stat. 1397; Pub. title under this paragraph shall be limited to an aver- age of not more than 1⁄4 mile on either side of the L. 109–54, title I, § 133, Aug. 2, 2005, 119 Stat. 526; trail.’’ Pub. L. 109–378, § 1, Dec. 1, 2006, 120 Stat. 2664; Subsec. (a)(16)(C). Pub. L. 111–11, § 5206(1), amended Pub. L. 109–418, § 2, Dec. 19, 2006, 120 Stat. 2882; subpar. (C) generally. Prior to amendment, subpar. (C) § 1244 TITLE 16—CONSERVATION Page 1578 read as follows: ‘‘Not later than 6 months after Decem- Texas as (37) and substituted ‘‘determine’’ for ber 1, 2006, the Secretary of the Interior shall complete ‘‘detemine’’ in subpar. (C). the remaining criteria and submit to Congress a study Subsec. (c)(38) to (40). Pub. L. 106–135 designated un- regarding the feasibility and suitability of designating, numbered par. relating to the Old Spanish Trail as par. as additional components of the Trail of Tears National (38) and unnumbered par. relating to the Great Western Historic Trail, the following routes and land compo- Scenic Trail as par. (39) and added par. (40). nents by which the Cherokee Nation was removed to 1996—Subsec. (a). Pub. L. 104–333, § 501, added unnum- Oklahoma: bered par. relating to Selma to Montgomery National ‘‘(i) The Benge and Bell routes. Historic Trail. ‘‘(ii) The land components of the designated water Subsec. (c). Pub. L. 104–333, §§ 402, 403, added unnum- routes in Alabama, Arkansas, Oklahoma, and Ten- bered pars. relating to Old Spanish Trail and Great nessee. Western Scenic Trail. ‘‘(iii) The routes from the collection forts in Ala- 1994—Subsecs. (e), (f). Pub. L. 103–437 in introductory bama, Georgia, North Carolina, and Tennessee to the provisions substituted ‘‘Natural Resources’’ for ‘‘Inte- emigration depots. rior and Insular Affairs’’ after ‘‘Committee on’’. ‘‘(iv) The related campgrounds located along the 1993—Subsec. (c)(36). Pub. L. 103–145 added par. (36) re- routes and land components described in clauses (i) lating to El Camino Real Para Los Texas. through (iii).’’ Pub. L. 103–144 added par. (36) relating to El Camino Subsec. (a)(16)(D). Pub. L. 111–11, § 5206(2), struck out Real de Tierra Adentro. first sentence which read as follows: ‘‘No additional 1992—Subsec. (a). Pub. L. 102–328 added unnumbered funds are authorized to be appropriated to carry out pars. relating to California National Historic Trail and subparagraph (C).’’ and inserted at end ‘‘No lands or in- Pony Express National Historic Trail. terests in lands outside the exterior boundaries of any Subsec. (c)(34), (35). Pub. L. 102–461 added pars. (34) federally administered area may be acquired by the and (35). Federal Government for the Trail of Tears National 1990—Subsec. (a)(17). Pub. L. 101–365 added par. (17). Historic Trail except with the consent of the owner Subsec. (c)(33). Pub. L. 101–321 added par. (33). thereof.’’ 1988—Subsec. (c)(32). Pub. L. 100–559 added par. (32). Subsec. (a)(25)(A). Pub. L. 111–11, § 7116(f), substituted Subsec. (d). Pub. L. 100–470 inserted ‘‘establishment, ‘‘The Captain John Smith’’ for ‘‘The John Smith’’. except that the Advisory Council established for the Subsec. (a)(27) to (30). Pub. L. 111–11, §§ 5201, 5202(a), Iditarod Historic Trail shall expire twenty years from 5204, 5205, added pars. (27) to (30). the date of its establishment.’’ after ‘‘its establish- Subsec. (c)(44), (45). Pub. L. 111–11, § 5303, added pars. ment.’’ at end of first sentence. (44) and (45). 1987—Subsec. (a)(15). Pub. L. 100–35 added par. (15). Subsec. (g). Pub. L. 111–11, § 5302, added subsec. (g). Subsec. (a)(16). Pub. L. 100–192 added par. (16). 2008—Subsec. (a)(26). Pub. L. 110–229 added par. (26). Subsec. (c)(31). Pub. L. 100–187 added par. (31). 2006—Subsec. (a)(16)(B). Pub. L. 109–378, § 1(1), sub- 1986—Subsec. (a)(14). Pub. L. 99–445 added par. (14). stituted ‘‘sections’’ for ‘‘subsections’’. 1984—Subsec. (c)(30). Pub. L. 98–405 added par. (30). Subsec. (a)(16)(C), (D). Pub. L. 109–378, § 1(2), added 1983—Subsec. (a)(11) to (13). Pub. L. 98–11, § 205(a), subpars. (C) and (D). added pars. (11) to (13). Subsec. (a)(25). Pub. L. 109–418 added par. (25). Subsec. (b). Pub. L. 98–11, § 205(b)(1), inserted sentence 2005—Subsec. (c)(43). Pub. L. 109–54 added par. (43). in provisions preceding par. (1) requiring that the fea- 2004—Subsec. (a)(24). Pub. L. 108–342 added par. (24). sibility of designating a trail be determined on the Subsec. (c)(19). Pub. L. 108–352, § 14(1)(A)(i), sub- basis of an evaluation of whether or not it is physically stituted ‘‘Kissimmee’’ for ‘‘Kissimme’’. Subsec. (c)(40)(D). Pub. L. 108–352, § 14(1)(A)(ii), sub- possible to develop a trail along a route being studied, stituted ‘‘later than’’ for ‘‘later that’’. and whether the development of a trail would be finan- Subsec. (c)(41), (42). Pub. L. 108–352, § 14(1)(A)(iii), des- cially feasible. ignated unnumbered pars. relating to the Metacomet- Subsec. (b)(3). Pub. L. 98–11, § 205(b)(2), substituted ‘‘16 Monadnock-Mattabesett Trail and The Long Walk U.S.C. 461’’ for ‘‘U.S.C. 461’’. Trail as pars. (41) and (42), respectively, and par. (42) Subsec. (b)(11)(B). Pub. L. 98–11, § 205(b)(3), inserted was editorially transferred to follow par. (41) to reflect ‘‘exploration,’’ after ‘‘commerce,’’ in first sentence. the probable intent of Congress. Subsec. (c)(9). Pub. L. 98–11, § 205(c)(1), substituted Subsec. (d). Pub. L. 108–352, § 14(1)(B), struck out ‘‘es- ‘‘Santa Fe, New Mexico’’ for ‘‘Sante Fe, New Mexico’’. tablishment.’’ before ‘‘establishment,’’. Subsec. (c)(24) to (29). Pub. L. 98–11, § 205(c)(2), added 2002—Subsec. (a)(21) to (23). Pub. L. 107–325 redesig- pars. (24) to (29). nated par. (21) relating to the Ala Kahakai National Subsec. (d). Pub. L. 98–11, § 205(d)(1), in provisions pre- Historic Trail as par. (22) and added par. (23). ceding par. (1), inserted requirement that the Secretary Subsec. (c). Pub. L. 107–338 added unnumbered par. re- advise the appropriate committees in the Congress if lating to the Metacomet-Monadnock-Mattabesett the Secretary is unable to establish an advisory council Trail. because of the lack of adequate public interest. Pub. L. 107–214 added unnumbered par. relating to the Subsec. (d)(1) to (4). Pub. L. 98–11, § 205(d)(2), redesig- Long Walk Trail. nated pars. (i) to (iv) as (1) to (4), respectively, and in 2000—Subsec. (a)(18) to (20). Pub. L. 106–307, § 3(1), and par. (1) as so redesignated substituted ‘‘the head of each Pub. L. 106–509, § 3(1), made identical amendments, des- Federal department or independent agency administer- ignating unnumbered pars. relating to California Na- ing lands through which the trail route passes, or his tional Historic Trail, Pony Express National Historic designee’’ for ‘‘a member appointed to represent each Trail, and Selma to Montgomery National Historic Federal department or independent agency administer- Trail as pars. (18) to (20), respectively. ing lands through which the trail route passes, and Subsec. (a)(21). Pub. L. 106–509, § 3(2), added par. (21) each appointee shall be the person designated by the relating to Ala Kahakai National Historic Trail. head of such department or agency’’. Pub. L. 106–307, § 3(2), added par. (21) relating to El Ca- Subsec. (f)(1). Pub. L. 98–11, § 205(e)(1), (2), substituted mino Real de Tierra Adentro. ‘‘national historic trails’’ for ‘‘national recreational Subsec. (a)(21)(A). Pub. L. 106–510 substituted trails’’. ‘‘Hawai‘i Volcanoes National Park’’ for ‘‘Hawaii Volca- Subsec. (f)(3), (4). Pub. L. 98–11, § 205(e)(3), added pars. noes National Park’’ in subpar. (A) of par. (21) relating (3) and (4). to Ala Kahakai National Historic Trail. 1980—Subsec. (a)(8). Pub. L. 96–199, § 101(b)(1), added Subsec. (c)(35). Pub. L. 106–510 substituted ‘‘Hawai‘i par. (8). Volcanoes National Park’’ for ‘‘Hawaii Volcanoes Na- Subsec. (a)(9). Pub. L. 96–344 added par. (9). tional Park’’. Subsec. (a)(10). Pub. L. 96–370 added par. (10). 1999—Subsec. (c)(36), (37). Pub. L. 106–135, § 3(1), redes- Subsecs. (e), (f). Pub. L. 96–199, § 101(b)(2), (3), inserted ignated par. (36) relating to El Camino Real Para Los reference to the North Country National Scenic Trail. Page 1579 TITLE 16—CONSERVATION § 1244

1979—Subsec. (c)(23). Pub. L. 96–87 substituted ‘‘(23)’’ CHANGE OF NAME for ‘‘(20)’’ as the number designation of the paragraph Committee on Resources of House of Representatives relating to the Overmountain Victory Trail added in changed to Committee on Natural Resources of House 1978 by section 551(13) of Pub. L. 95–625. of Representatives by House Resolution No. 6, One Hun- 1978—Subsec. (a). Pub. L. 95–625, § 551(7), substituted, dred Tenth Congress, Jan. 5, 2007. in provision preceding par. (1), ‘‘scenic and national historic’’ for ‘‘scenic’’ and ‘‘the following National Sce- TERMINATION OF ADVISORY COUNCILS nic and National Historic Trails’’ for ‘‘as the initial Na- Advisory councils in existence on Jan. 5, 1973, to ter- tional Scenic Trails’’. minate not later than the expiration of the 2-year pe- Subsec. (a)(1). Pub. L. 95–625, § 551(8), substituted ‘‘Ap- riod following Jan. 5, 1973, unless, in the case of a coun- palachian National Scenic Trail’’ for ‘‘Appalachian cil established by the President or an officer of the Trail’’. Federal Government, such council is renewed by appro- Subsec. (a)(2). Pub. L. 95–625, § 551(8), substituted ‘‘Pa- priate action prior to the expiration of such 2-year pe- cific Crest National Scenic Trail’’ for ‘‘Pacific Crest riod, or in the case of a council established by the Con- Trail’’. gress, its duration is otherwise provided for by law. See Subsec. (a)(3). Pub. L. 95–625, § 551(9), substituted pro- sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 visions establishing the Oregon National Historic Trail Stat. 770, 776, set out in the Appendix to Title 5, Gov- as a National Scenic and National Historic Trail for ernment Organization and Employees. provisions requiring the establishment, by the Sec- retary of the Interior within 60 days after Mar. 21, 1978, CONSTRUCTION OF TITLE V OF PUB. L. 111–11 of an Advisory Council for the Appalachian National Pub. L. 111–11, title V, § 5401, Mar. 30, 2009, 123 Stat. Scenic Trail, which council was to terminate 120 1164, provided that: months after Mar. 21, 1978. ‘‘(a) EFFECT ON ACCESS FOR RECREATIONAL ACTIVI- Pub. L. 95–248, § 1(1), substituted provisions requiring TIES.—Nothing in this title [amending this section and establishment by the Secretary of the Interior within sections 1249, 1274, and 1276 of this title and enacting 60 days of Mar. 21, 1978, of an Advisory Council for the provisions set out as notes under this section and sec- Appalachian National Scenic Trail, which shall termi- tions 1271 and 1274 of this title] shall be construed as af- nate within 120 months of Mar. 21, 1978, and provisions fecting access for recreational activities otherwise al- relating to functions, membership, etc., of such Coun- lowed by law or regulation, including hunting, fishing, cil, for provisions requiring establishment by the Sec- or trapping. retary of the Interior of an advisory council for the Ap- ‘‘(b) EFFECT ON STATE AUTHORITY.—Nothing in this palachian National Scenic Trail and by the Secretary title shall be construed as affecting the authority, ju- of Agriculture of an advisory council for the Pacific risdiction, or responsibility of the several States to Crest National Scenic Trail, and provisions relating to manage, control, or regulate fish and resident wildlife functions, membership, etc., of the councils. under State law or regulations, including the regula- Subsec. (a)(4) to (7). Pub. L. 95–625, § 551(9), added pars. tion of hunting, fishing, and trapping.’’ (4) to (7). Subsec. (b). Pub. L. 95–625, § 551(10), substituted in NEW ENGLAND NATIONAL SCENIC TRAIL provision preceding par. (1) ‘‘National scenic or na- Pub. L. 111–11, title V, § 5202(b)–(d), Mar. 30, 2009, 123 tional historic’’ for ‘‘national scenic’’, inserted Stat. 1154, 1155, provided that: ‘‘through the agency most likely to administer such ‘‘(b) MANAGEMENT.—The Secretary of the Interior (re- trail,’’ after ‘‘Secretary of the Interior,’’, struck out ferred to in this section [amending this section] as the third sentence ‘‘When completed, such studies shall be ‘Secretary’) shall consider the actions outlined in the the basis of appropriate proposals for additional na- Trail Management Blueprint described in the report ti- tional scenic trails which shall be submitted from time tled the ‘Metacomet Monadnock Mattabesett Trail to time to the President and to the Congress.’’; and System National Scenic Trail Feasibility Study and substituted ‘‘The studies listed in subsection (c) of this Environmental Assessment’, prepared by the National section shall be completed and submitted to the Con- Park Service, and dated Spring 2006, as the framework gress, with recommendations as to the suitability of for management and administration of the New Eng- trail designation, not later than three complete fiscal land National Scenic Trail. Additional or more detailed years from the date of enactment of their addition to plans for administration, management, protection, ac- this subsection, or from November 10, 1978, whichever is cess, maintenance, or development of the trail may be later. Such studies, when submitted, shall be printed as developed consistent with the Trail Management Blue- a House or Senate document, and shall include, but not print, and as approved by the Secretary. be limited to:’’ for ‘‘Such proposals shall be accom- ‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is au- panied by a report, which shall be printed as a House or thorized to enter into cooperative agreements with the Senate document, showing among other things—’’. Commonwealth of Massachusetts (and its political sub- Subsec. (b)(3). Pub. L. 95–625, § 551(10), (11), substituted divisions), the State of Connecticut (and its political ‘‘scenic or national historic’’ for ‘‘scenic’’ and required subdivisions), and other regional, local, and private or- in the case of national historic trails the report to in- ganizations deemed necessary and desirable to accom- clude the recommendation of the Secretary of the Inte- plish cooperative trail administrative, management, rior’s National Park System Advisory Board as to the and protection objectives consistent with the Trail national historical significance based on the criteria Management Blueprint. An agreement under this sub- developed under the Historic Sites Act of 1935. section may include provisions for limited financial as- Subsec. (b)(10), (11). Pub. L. 95–625, § 551(12), added sistance to encourage participation in the planning, ac- pars. (10) and (11). quisition, protection, operation, development, or main- Subsec. (c)(23). Pub. L. 95–625, § 551(13), added par. (23). tenance of the trail. See 1979 Amendment note above. ‘‘(d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to sec- Subsec. (d). Pub. L. 95–625, § 551(14), added subsec. (d) tion 6 of the National Trails System Act (16 U.S.C. and repealed former subsec. (d) provisions for compre- 1245), the Secretary is encouraged to work with the hensive plan for the management, acquisition, develop- State of New Hampshire and appropriate local and pri- ment, and use of the Appalachian Trail, submission to vate organizations to include that portion of the Congressional committees, and scope of plan, now cov- Metacomet-Monadnock Trail in New Hampshire (which ered in subsec. (e) of this section. lies between Royalston, Massachusetts and Jaffrey, Pub. L. 95–248, § 1(2), added subsec. (d). New Hampshire) as a component of the New England Subsecs. (e), (f). Pub. L. 95–625, § 551(15), added sub- National Scenic Trail. Inclusion of this segment, as secs. (e) and (f). well as other potential side or connecting trails, is con- 1976—Subsec. (c)(15) to (22). Pub. L. 94–527 added pars. tingent upon written application to the Secretary by (15) to (22). appropriate State and local jurisdictions and a finding § 1244 TITLE 16—CONSERVATION Page 1580 by the Secretary that trail management and adminis- nance and operation of the Center, to enter into cooper- tration is consistent with the Trail Management Blue- ative agreements for snow removal, rescue, firefight- print.’’ ing, and law enforcement services, and for development and operation of facilities and services, and to accept ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL donations of funds, property, or services to provide Pub. L. 111–11, title V, § 5203, Mar. 30, 2009, 123 Stat. services and facilities, and authorized appropriations. 1155, described and designated the Ice Age Floods Na- tional Geologic Trail in the States of Montana, Idaho, NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER, Washington, and Oregon; provided for its administra- WYOMING tion by the Secretary of the Interior acting through Pub. L. 105–290, Oct. 27, 1998, 112 Stat. 2782, authorized the Director of the National Park Service; required the appropriations for the National Historic Trails Inter- Secretary to prepare a cooperative management and in- pretive Center in Casper, Wyoming, and authorized the terpretive plan; authorized the Secretary to establish a Secretary of the Interior to establish the Center, to trail management office and interpretative facilities construct and operate facilities, to accept donations, and to enter into cooperative management agreements; and to charge an entrance fee. provided that designation of the Trail does not create liability for, or affect liability under any law of, any SACRAMENTO TO SAN FRANCISCO MAIL ROUTE; FEA- private property owner with respect to any person in- SIBILITY STUDY FOR INCLUSION IN PONY EXPRESS NA- jured on the private property; and authorized appro- TIONAL HISTORIC TRAIL priations. Pub. L. 102–328, § 2, Aug. 3, 1992, 106 Stat. 845, as SILVER STATE OFF-HIGHWAY VEHICLE TRAIL amended by Pub. L. 103–437, § 6(d)(39), Nov. 2, 1994, 108 Pub. L. 109–432, div. C, title III, §§ 303, 355, Dec. 20, Stat. 4585, provided that: ‘‘The Secretary of the Inte- 2006, 120 Stat. 3028, 3040, directed the Secretary of the rior (hereinafter referred to as the Secretary) shall un- Interior to complete a study of routes for the extension dertake a study of the land and water route used to of the Silver State Off-Highway Vehicle Trail into carry mail from Sacramento to San Francisco, Califor- White Pine County, Nevada, not later than 3 years nia, to determine the feasibility and suitability of des- after Dec. 20, 2006, to identify the preferred route for ignation of such route as a component of the Pony Ex- the Trail in consultation with the State of Nevada, press National Historic Trail designated by section 1 of White Pine County, and any interested persons, to des- this Act [amending this section]. Upon completion of ignate the Trail not later than 90 days after the study the study, if the Secretary determines such route is a is completed, to complete a management plan for the feasible and suitable addition to the Pony Express Na- Trail not later than 2 years after the designation, and tional Historic Trail, the Secretary shall designate the to annually assess the effects of use of the Trail on the route as a component of the Pony Express National environment and cultural resources and to temporarily Historic Trail. The Secretary shall publish notice of close or permanently reroute a portion of the Trail such designation in the Federal Register and shall sub- where there is an adverse environmental impact, a mit the study along with his findings to the Committee threat to public safety, or where necessary to repair on Natural Resources of the United States House of damage to the Trail or a resource. Representatives and the Committee on Energy and Pub. L. 108–424, title IV, § 401, Nov. 30, 2004, 118 Stat. Natural Resources of the United States Senate.’’ 2416, provided that the Secretary of the Interior would manage the system of trails designated as the Silver DE SOTO EXPEDITION TRAIL COMMISSION State Off-Highway Vehicle Trail in the Lincoln County Pub. L. 101–607, Nov. 16, 1990, 104 Stat. 3105, estab- Conservation, Recreation and Development Act Map lished for 4 years in the Department of the Interior the for Lincoln County, Nevada, in a manner consistent De Soto Expedition Trail Commission, the purpose of with motorized and mechanized use of the Trail, the which is to encourage and direct research, and to coor- safety of the people who use the Trail and its sensitive dinate the distribution of interpretive materials to the habitat and cultural resources, and that the Secretary public, regarding the De Soto expedition, the native so- would, in consultation with the State, County and cieties the expedition encountered, and the effects of other interested parties, develop a management plan, that contact, provided for the functions, staff, and pow- not later than 3 years after Nov. 30, 2004, and monitor ers of the Commission, and authorized research, tech- and evaluate the effects of the use of the Trail to mini- nical assistance, and appropriations. mize adverse environmental or cultural impact while giving notice of open routes. AUTHORIZATION FOR DEVELOPMENT OF TRAILS INTERPRETATION CENTER IN IOWA EXPEDITED REPORT TO CONGRESS Pub. L. 107–338, § 3, Dec. 16, 2002, 116 Stat. 2886, pro- Pub. L. 101–191, Nov. 29, 1989, 103 Stat. 1697, authorized vided that: ‘‘Notwithstanding the fourth sentence of Secretary of the Interior to provide for development of section 5(b) of the National Trails System Act (16 a trails interpretation center in city of Council Bluffs, U.S.C. 1244(b)), the Secretary of the Interior shall sub- Iowa, set forth provisions relating to Congressional mit the study required by the amendment made by sec- findings and purposes, plan and design of the center and tion 2 [amending this section] to Congress not later implementation thereof, agreement for operation and than 2 years after the date of the enactment of this Act maintenance of the center, cooperative agreements for [Dec. 16, 2002].’’ technical assistance, and extinguishment of any re- strictions, covenants, reversions, limitations, or any CALIFORNIA TRAIL INTERPRETIVE CENTER other conditions imposed by the Economic Develop- ment Administration upon acceptance of donated land Pub. L. 106–577, title I, Dec. 28, 2000, 114 Stat. 3068, au- by Secretary, and authorized appropriations of not thorized the Secretary of the Interior, acting through more than $8,400,000 to carry out the Act. the Director of the Bureau of Land Management, to es- tablish the ‘‘California Trail Interpretive Center’’ near SOUTHWESTERN PENNSYLVANIA INDUSTRIAL HERITAGE Elko, Nevada, and directed the Secretary to initiate a ROUTE plan for the development of the Center, to acquire land and interests in land for the construction of the Center, Pub. L. 100–698, title II, §§ 201–203, Nov. 19, 1988, 102 to provide for local review of and input concerning the Stat. 4622, authorized Secretary of the Interior to des- development and operation of the Center by the Advi- ignate, and authorized appropriations for, a vehicular sory Board for the National Historic California Emi- tour route to provide for public appreciation, edu- grant Trails Interpretive Center of Elko, Nevada, to cation, understanding, and enjoyment of certain na- prepare a budget and funding request periodically that tionally and regionally significant sites in southwest- would allow a Federal agency to carry out the mainte- ern Pennsylvania. Page 1581 TITLE 16—CONSERVATION § 1246

LEWIS AND CLARK NATIONAL HISTORIC TRAIL priate Secretary deems necessary or desirable, INTERPRETIVE CENTER, MONTANA on privately owned lands with the consent of the Pub. L. 100–552, §§ 1–4, Oct. 28, 1988, 102 Stat. 2766, 2768, landowner. Applications for approval and des- authorized Secretary of Agriculture to establish Lewis ignation of connecting and side trails on non- and Clark National Historic Trail Interpretive Center Federal lands shall be submitted to the appro- on certain lands in Montana, required the Secretary to priate Secretary. administer the Center and to prepare a plan for devel- opment and interpretation of the Center, authorized (Pub. L. 90–543, § 6, Oct. 2, 1968, 82 Stat. 922; Pub. Secretary to accept donations, enter into cooperative L. 95–625, title V, § 551(16), Nov. 10, 1978, 92 Stat. agreements for various services such as rescue, fire- 3515; Pub. L. 98–11, title II, § 206, Mar. 28, 1983, 97 fighting, law enforcement, and development and oper- Stat. 45.) ation of facilities, authorized Secretary to enter into agreements to provide educational and interpretive AMENDMENTS materials to the public, and authorized appropriations 1983—Pub. L. 98–11 substituted ‘‘marked by the appro- to carry out the Act and for construction of Center and priate Secretary as components’’ for ‘‘marked as com- associated structures and improvements. ponents’’ and ‘‘, or, where the appropriate Secretary NEW JERSEY COASTAL HERITAGE TRAIL ROUTE deems necessary or desirable, on privately owned lands with the consent of the landowner. Applications for ap- Pub. L. 100–515, Oct. 20, 1988, 102 Stat. 2563, as amend- proval and designation of connecting and side trails on ed by Pub. L. 103–243, May 4, 1994, 108 Stat. 613; Pub. L. non-Federal lands shall be submitted to the appropriate 106–18, § 1, Apr. 8, 1999, 113 Stat. 28; Pub. L. 109–338, title Secretary’’ for ‘‘: Provided, That such trails provide ad- VII, § 703(a), Oct. 12, 2006, 120 Stat. 1859; Pub. L. 110–229, ditional points of public access to national recreation, title IV, § 475, May 8, 2008, 122 Stat. 827, authorized Sec- national scenic or national historic trails’’. retary of the Interior, acting through Director of Na- 1978—Pub. L. 95–625 substituted ‘‘, national scenic or tional Park Service, with concurrence of agency having national historic’’ for ‘‘or national scenic,’’ and ‘‘, na- jurisdiction over such roads, to designate a vehicular tional scenic, or national historic’’ for ‘‘or scenic’’. tour route along existing public roads linking certain nationally significant natural and cultural sites associ- ated with coastal area of State of New Jersey, to be § 1246. Administration and development of na- known as New Jersey Coastal Heritage Trail Route; tional trails system provided for location and additional segments of Route; (a) Consultation of Secretary with other agen- directed Secretary of the Interior to prepare a compre- cies; transfer of management responsibilities; hensive inventory of sites along Route and a general plan; provided for informational material for public ap- selection of rights-of-way; criteria for selec- preciation of sites along Route; provided that Route be tion; notice; impact upon established uses marked with appropriate markers; authorized appro- (1)(A) The Secretary charged with the overall priations to carry out the Act; authorized appropria- administration of a trail pursuant to section tion for technical assistance and design and fabrication 1244(a) of this title shall, in administering and of interpretive materials, devices and signs; prohibited use of additional appropriation for operation, mainte- managing the trail, consult with the heads of all nance, repair or construction except for construction of other affected State and Federal agencies. Noth- interpretive exhibits; limited Federal share of projects ing contained in this chapter shall be deemed to carried out with additional appropriation to 50 percent; transfer among Federal agencies any manage- required non-Federal matching funds in form of cash, ment responsibilities established under any materials, or in-kind services, except for preparation of other law for federally administered lands which strategic plan; and provided for termination of author- are components of the National Trails System. ity under this Act on Sept. 30, 2011. Any transfer of management responsibilities LAUREL HIGHLANDS NATIONAL RECREATIONAL TRAIL may be carried out between the Secretary of the DESIGNATED AS PART OF POTOMAC HERITAGE TRAIL Interior and the Secretary of Agriculture only Pub. L. 99–500, § 101(h) [title I, § 113], Oct. 18, 1986, 100 as provided under subparagraph (B). Stat. 1783–242, 1783–262, and Pub. L. 99–591, § 101(h) [title (B) The Secretary charged with the overall ad- I, § 113], Oct. 30, 1986, 100 Stat. 3341–242, 3341–262, pro- ministration of any trail pursuant to section vided that: ‘‘The Secretary of the Interior is directed to 1244(a) of this title may transfer management of designate the Laurel Highlands National Recreational any specified trail segment of such trail to the Trail, as designated by the Secretary of the Interior other appropriate Secretary pursuant to a joint pursuant to section 4 of the National Trails System Act [16 U.S.C. 1243], as part of the Potomac Heritage Trail, memorandum of agreement containing such as requested by the State of Pennsylvania in its April terms and conditions as the Secretaries consider 1984 application, subject to the provisions of paragraph most appropriate to accomplish the purposes of (11) of section 5(a) of the National Trails System Act, this chapter. During any period in which man- as amended [16 U.S.C. 1244(a)(11)].’’ agement responsibilities for any trail segment are transferred under such an agreement, the § 1245. Connecting or side trails; establishment, management of any such segment shall be sub- designation, and marking as components of ject to the laws, rules, and regulations of the national trails system; location Secretary provided with the management au- Connecting or side trails within park, forest, thority under the agreement, except to such ex- and other recreation areas administered by the tent as the agreement may otherwise expressly Secretary of the Interior or Secretary of Agri- provide. culture may be established, designated, and (2) Pursuant to section 1244(a) of this title, the marked by the appropriate Secretary as compo- appropriate Secretary shall select the rights-of- nents of a national recreation, national scenic way for national scenic and national historic or national historic trail. When no Federal land trails and shall publish notice of the availability acquisition is involved, connecting or side trails of appropriate maps or descriptions in the Fed- may be located across lands administered by eral Register: Provided, That in selecting the interstate, State, or local governmental agen- rights-of-way full consideration shall be given to cies with their consent, or, where the appro- minimizing the adverse effects upon the adja-