National Trails System Act

THE NATIONAL TRAILS SYSTEM ACT
(P.L. 90-543, as amended through P.L. 116-9, March 12, 2019)
(as found in United States Code, Vol. 16, Sections 1241-1251)

AN ACT
To establish a national trails system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SHORT TITLE
SECTION 1. [16USC1241] This Act may be cited as the "National Trails System Act".

STATEMENT OF POLICY
SEC. 2. [16USC1241] (a) In order to provide for the ever-increasing outdoor recreation needs of an
expanding population and in order to promote the preservation of, public access to, travel within, and
enjoyment and appreciation of the open-air, outdoor areas and historic resources of the Nation, trails
should be established (i) primarily, near the urban areas of the Nation, and (ii) secondarily, within scenic
areas and along historic travel routes of the Nation which are often more remotely located.
(b) The purpose of this Act is to provide the means for attaining these objectives by instituting a national
system of recreation, scenic and historic trails, by designating the Appalachian Trail and the Pacific Crest
Trail as the initial components of that system, and by prescribing the methods by which, and standards
according to which, additional components may be added to the system.
(c) The Congress recognizes the valuable contributions that volunteers and private, nonprofit trail groups
have made to the development and maintenance of the Nation's trails. In recognition of these
contributions, it is further the purpose of this Act to encourage and assist volunteer citizen involvement in
the planning, development, maintenance, and management, where appropriate, of trails.

NATIONAL TRAILS SYSTEM
SEC. 3. [16USC1242] (a) The national system of trails shall be composed of the following:
(1) National recreation trails, established as provided in section 4 of this Act, which will provide a
variety of outdoor recreation uses in or reasonably accessible to urban areas.
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(2) National scenic trails, established as provided in section 5 of this Act, which will be extended
trails so located as to provide for maximum outdoor recreation potential and for the conservation and
enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through
which such trails may pass. National scenic trails may be located so as to represent desert, marsh,
grassland, mountain, canyon, river, forest, and other areas, as well as landforms which exhibit significant
characteristics of the physiographic regions of the Nation.
(3) National historic trails, established as provided in section 5 of this Act, which will be
extended trails which follow as closely as possible and practicable the original trails or routes of travel of
national historic significance. Designation of such trails or routes shall be continuous, but the established
or developed trail, and the acquisition thereof, need not be continuous onsite. National historic trails shall
have as their purpose the identification and protection of the historic route and its historic remnants and
artifacts for public use and enjoyment. Only those selected land and water based components of a historic
trail which are on federally owned lands and which meet the national historic trail criteria established in
this Act are included as Federal protection components of a national historic trail. The appropriate
Secretary may certify other lands as protected segments of an historic trail upon application from State or
local governmental agencies or private interests involved if such segments meet the national historic trail
criteria established in this Act and such criteria supplementary thereto as the appropriate Secretary may
prescribe, and are administered by such agencies or interests without expense to the United States.
(4) Connecting or side trails, established as provided in section 6 of this Act, which will provide
additional points of public access to national recreation, national scenic or national historic trails or which
will provide connections between such trails.
The Secretary of the Interior and the Secretary of Agriculture, in consultation with appropriate
governmental agencies and public and private organizations, shall establish a uniform marker for the
national trails system.
(b) For purposes of this section, the term “extended trails” means trails or trail segments which total at
least one hundred miles in length, except that historic trails of less than one hundred miles may be
designated as extended trails. While it is desirable that extended trails be continuous, studies of such
trails may conclude that it is feasible to propose one or more trail segments which, in the aggregate,
constitute at least one hundred miles in length.

NATIONAL RECREATION TRAILS
SEC. 4. [16USC1243] (a) The Secretary of the Interior, or the Secretary of Agriculture where lands
administered by him are involved, may establish and designate national recreation trails, with the consent
of the Federal agency, State, or political subdivision having jurisdiction over the lands involved, upon
finding that -(i ) such trails are reasonably accessible to urban areas, and, or
(ii) such trails meet the criteria established in this Act and such supplementary criteria as he may
prescribe.

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(b) As provided in this section, trails within park, forest, and other recreation areas administered by the
Secretary of the Interior or the Secretary of Agriculture or in other federally administered areas may be
established and designated as "National Recreation Trails" by the appropriate Secretary and, when no
Federal land acquisition is involved -(i) trails in or reasonably accessible to urban areas may be designated as "National Recreation
Trails" by the appropriate Secretary with the consent of the States, their political subdivisions, or
other appropriate administering agencies;
(ii) trails within park, forest, and other recreation areas owned or administered by States may be
designated as "National Recreation Trails" by the appropriate Secretary with the consent of the
State; and
(iii) trails on privately owned lands may be designated “National Recreation Trails” by the
appropriate Secretary with the written consent of the owner of the property involved.

NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS
SEC. 5. [16USC1244] (a) National scenic and national historic trails shall be authorized and designated
only by Act of Congress. There are hereby established the following National Scenic and National
Historic Trails:
(1) The Appalachian National Scenic Trail, a trail of approximately two thousand miles extending
generally along the Appalachian Mountains from Mount Katahdin, Maine, to Springer Mountain,
Georgia. Insofar as practicable, the right-of-way for such trail shall comprise the trail depicted on the
maps identified as "Nationwide System of Trails, Proposed Appalachian Trail, NST-AT-101-May 1967",
which shall be on file and available for public inspection in the office of the Director of the National Park
Service. Where practicable, such rights-of-way shall include lands protected for it under agreements in
effect as of the date of enactment of this Act, to which Federal agencies and States were parties. The
Appalachian Trail shall be administered primarily as a footpath by the Secretary of the Interior, in
consultation with the Secretary of Agriculture.
(2) The Pacific Crest National Scenic Trail, a trail of approximately two thousand three hundred
fifty miles, extending from the Mexican-California border northward generally along the mountain ranges
of the west coast States to the Canadian-Washington border near Lake Ross, following the route as
generally depicted on the map, identified as "Nationwide System of Trails, Proposed Pacific Crest Trail,
NST-PC-103-May 1967" which shall be on file and available for public inspection in the office of the
Chief of the Forest Service. The Pacific Crest Trail shall be administered by the Secretary of Agriculture,
in consultation with the Secretary of the Interior.
(3) The Oregon National Historic Trail, a route of approximately two thousand miles extending
from near Independence, Missouri, to the vicinity of Portland, Oregon, following a route as depicted on
maps identified as “Primary Route of the Oregon Trail 1841-1848”, in the Department of the Interior's
Oregon Trail study report dated April 1977, and which shall be on file and available for public inspection
in the office of the Director of the National Park Service. The trail shall be administered by the Secretary
of the Interior. No land or interest in land outside the exterior boundaries of any federally administered
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area may be acquired by the Federal Government for the trail except with the consent of the owner of the
land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph
shall be limited to an average of not more than 1/4 mile on either side of the trail.
(4) The Mormon Pioneer National Historic Trail, a route of approximately one thousand three
hundred miles extending from Nauvoo, Illinois, to Salt Lake City, Utah, following the primary historical
route of the Mormon Trail as generally depicted on a map, identified as, “Mormon Trail Vicinity Map,
figure 2” in the Department of the Interior Mormon Trail study report dated March 1977, and which shall
be on file and available for public inspection in the office of the Director, National Park Service,
Washington, D.C. The trail shall be administered by the Secretary of the Interior. No land or interest in
land outside the exterior boundaries of any federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner of the land or interest in land. The authority
of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not
more than 1/4 mile on either side of the trail.
(5) The Continental Divide National Scenic Trail, a trail of approximately thirty-one hundred
miles, extending from the Montana-Canada border to the New Mexico-Mexico border, following the
approximate route depicted on the map, identified as “Proposed Continental Divide National Scenic
Trail” in the Department of the Interior Continental Divide Trail study report dated March 1977 and
which shall be on file and available for public inspection in the office of the Chief, Forest Service,
Washington, D.C. The Continental Divide National Scenic Trail shall be administered by the Secretary of
Agriculture in consultation with the Secretary of the Interior. Notwithstanding the provisions of section
7(c), the use of motorized vehicles on roads which will be designated segments of the Continental Divide
National Scenic Trail shall be permitted in accordance with regulations prescribed by the appropriate
Secretary. No land or interest in land outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the trail except with the consent of the owner of the land
or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall
be limited to an average of not more than 1/4 mile on either side of the trail.
(6) The Lewis and Clark National Historic Trail, a trail of approximately 4,900 miles, extending
from the Ohio River in Pittsburgh, Pennsylvania, to the mouth of the Columbia River in Oregon,
following the outbound and inbound routes of the Lewis and Clark Expedition depicted on the map
entitled ‘Lewis and Clark National Historic Trail Authorized Trail Including Proposed Eastern Legacy
Extension’, dated April 2018, and numbered 648/143721. The map shall be on file and available for
public inspection in the office of the Director, National Park Service, Washington, D.C. The trail shall be
administered by the Secretary of the Interior. No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government for the trail except with
the consent of the owner of the land or interest in land. The authority of the Federal Government to
acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either
side of the trail.
(7) The Iditarod National Historic Trail, a route of approximately two thousand miles extending
from Seward, Alaska, to Nome, Alaska, following the routes as depicted on maps identified as
'Seward-Nome Trail', in the Department of the Interior's study report entitled 'The Iditarod Trail
(Seward-Nome Route) and other Alaskan Gold Rush Trails' dated September 1977. The map shall be on
file and available for public inspection in the office of the Director, National Park Service, Washington,
D.C. The trail shall be administered by the Secretary of the Interior. No land or interest in land outside
the exterior boundaries of any federally administered area may be acquired by the Federal Government
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for the trail except with the consent of the owner of the land or interest in land. The authority of the
Federal Government to acquire fee title under this paragraph shall be limited to an average of not more
than 1/4 mile on either side of the trail.
(8) The North Country National Scenic Trail, a trail of approximately 4,600miles, extending from
the Appalachian Trail in Vermont to the vicinity of Lake Sakakawea in North Dakota, following the
approximate route depicted on the map identified ‘North Country National Scenic Trail, Authorized
Route’, dated February 2014, and numbered 649/116870. The map shall be on file and available for
public inspection in the office of the Director, National Park Service, Washington, District of Columbia.
The trail shall be administered by the Secretary of the Interior. No land or interest in land outside the
exterior boundaries of any federally administered area may be acquired by the Federal Government for
the trail except with the consent of the owner of the land or interest in land.
(9) The Overmountain Victory National Historic Trail, a system totaling approximately two
hundred seventy-two miles of trail with routes from the mustering point near Abingdon, Virginia, to
Sycamore Shoals (near Elizabethton, Tennessee); from Sycamore Shoals to Quaker Meadows (near
Morganton, North Carolina); from the mustering point in Surry County, North Carolina, to Quaker
Meadows; and from Quaker Meadows to Kings Mountain, South Carolina, as depicted on the map
identified as Map 3--Historic Features--1780 in the draft study report entitled 'Overmountain Victory
Trail' dated December 1979. The map shall be on file and available for public inspection in the Office of
the Director, National Park Service, Washington, District of Columbia. The trail shall be administered by
the Secretary of the Interior.
(10) The Ice Age National Scenic Trail, a trail of approximately one thousand miles, extending
from Door County, Wisconsin, to Interstate Park in Saint Croix County, Wisconsin, generally following
the route described in "On the Trail of the Ice Age--A Hiker's and Biker's Guide to Wisconsin's Ice Age
National Scientific Reserve and Trail", by Henry S. Reuss, Member of Congress, dated 1980. The guide
and maps shall be on file and available for public inspection in the Office of the Director, National Park
Service, Washington, District of Columbia. Overall administration of the trail shall be the responsibility
of the Secretary of the Interior pursuant to section 5(d) of this Act. The State of Wisconsin, in
consultation with the Secretary of the Interior, may, subject to the approval of the Secretary, prepare a
plan for the management of the trail which shall be deemed to meet the requirements of section 5(e) of
this Act. Notwithstanding the provisions of section 7(c), snowmobile use may be permitted on segments
of the Ice Age National Scenic Trail where deemed appropriate by the Secretary and the managing
authority responsible for the segment. No land or interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal Government for the trail except with the
consent of the owner of the land or interest in land.
(11) The Potomac Heritage National Scenic Trail, a corridor of approximately seven hundred and
four miles following the route as generally depicted on the map identified as 'National Trails System,
Proposed Potomac Heritage Trail' in 'The Potomac Heritage Trail', a report prepared by the Department of
the Interior and dated December 1974, except that no designation of the trail shall be made in the State of
West Virginia. The map shall be on file and available for public inspection in the office of the Director of
the National Park Service, Washington, District of Columbia. The trail shall initially consist of only those
segments of the corridor located within the exterior boundaries of federally administered areas. The trail
shall be administered by the Secretary of the Interior. No land or interest in land outside the exterior
boundaries of any federally administered area may be acquired by the Federal Government for the trail
except with the consent of the owner of the land or interest in land.
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(12) The Natchez Trace National Scenic Trail, a trail system of approximately six hundred and
ninety-four miles extending from Nashville, Tennessee, to Natchez, Mississippi, as depicted on the map
entitled “Concept Plan, Natchez Trace Trails Study” in “The Natchez Trace”, a report prepared by the
Department of the Interior and dated August 1979. The map shall be on file and available for public
inspection in the office of the Director of the National Park Service, Department of the Interior,
Washington, District of Columbia. The trail shall be administered by the Secretary of the Interior.
(13) The Florida National Scenic Trail, a route of approximately thirteen hundred miles extending
through the State of Florida as generally depicted in “The Florida Trail”, a national scenic trail study
draft report prepared by the Department of the Interior and dated February 1980. The report shall be on
file and available for public inspection in the office of the Chief of the Forest Service, Washington,
District of Columbia. No lands or interests therein outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government for the Florida Trail except with the
consent of the owner thereof. The Secretary of Agriculture may designate lands outside of federally
administered areas as segments of the trail, only upon application from the States or local governmental
agencies involved, if such segments meet the criteria established in this Act and are administered by such
agencies without expense to the United States. The trail shall be administered by the Secretary of
Agriculture.
(14) The Nez Perce National Historic Trail, a route of approximately eleven hundred and seventy
miles extending from the vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain, Montana, as
generally depicted in “Nez Perce (Nee-Me-Poo) Trail Study Report” prepared by the Department of
Agriculture and dated March 1982. The report shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Washington, District of Columbia. The trail shall be
administered by the Secretary of Agriculture. So that significant route segments and sites recognized as
associated with the Nez Perce Trail may be distinguished by suitable markers, the Secretary of
Agriculture is authorized to accept the donation of suitable markers for placement at appropriate
locations. Any such markers associated with the Nez Perce Trail which are to be located on lands
administered by any other department or agency of the United States may be placed on such lands only
with the concurrence of the head of such department or agency. No land or interest in land outside the
exterior boundaries of any federally administered area may be acquired by the Federal Government for
the trail except with the consent of the owner of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4
mile on either side of the trail.
(15) The Santa Fe National Historic Trail, a trail of approximately 950 miles from a point near
Old Franklin, Missouri, through Kansas, Oklahoma, and Colorado to Santa Fe, New Mexico, as generally
depicted on a map entitled "The Santa Fe Trail" contained in the Final Report of the Secretary of the
Interior pursuant to subsection (b) of this section, dated July 1976. The map shall be on file and available
for public inspection in the office of the Director of the National Park Service, Washington, District of
Columbia. The trail shall be administered by the Secretary of the Interior. No lands or interests therein
outside the exterior boundaries of any federally administered area may be acquired by the Federal
Government for the Santa Fe Trail except with the consent of the owner thereof. Before acquiring any
easement or entering into any cooperative agreement with a private landowner with respect to the trail,
the Secretary shall notify the landowner of the potential liability, if any, for injury to the public resulting
from physical conditions which may be on the landowner's land. The United States shall not be held
liable by reason of such notice or failure to provide such notice to the landowner. So that significant route
segments and sites recognized as associated with the Santa Fe Trail may be distinguished by suitable
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markers, the Secretary of the Interior is authorized to accept the donation of suitable markers for
placement at appropriate locations.
(16)(A) The Trail of Tears National Historic Trail, a trail consisting of water routes and overland
routes traveled by the Cherokee Nation during its removal from ancestral lands in the
East to Oklahoma during 1838 and 1839, generally located within the corridor described
through portions of Georgia, North Carolina, Alabama, Tennessee, Kentucky, Illinois,
Missouri, Arkansas, and Oklahoma in the final report of the Secretary of the Interior
prepared pursuant to subsection (b) of this section entitled "Trail of Tears" and dated June
1986. Maps depicting the corridor shall be on file and available for public inspection in
the Office of the National Park Service, Department of the Interior. The trail shall be
administered by the Secretary of the Interior. No lands or interests therein outside the
exterior boundaries of any federally administered area may be acquired by the Federal
Government for the Trail of Tears except with the consent of the owner thereof.
(B) In carrying out his responsibilities pursuant to sections 5(f) and 7(c) of this Act, the
Secretary of the Interior shall give careful consideration to the establishment of
appropriate interpretive sites for the Trail of Tears in the vicinity of Hopkinsville,
Kentucky, Fort Smith, Arkansas, Trail of Tears State Park, Missouri, and Tahlequah,
Oklahoma.
(C) In addition to the areas otherwise designated under this paragraph, the following
routes and land components by which the Cherokee Nation was removed to Oklahoma
are components of the Trail of Tears National Historic Trail, as generally described in the
environmentally preferred alternative of the November 2007 Feasibility Study
Amendment and Environmental Assessment for Trail of Tears National Historic Trail:
(i) The Benge and Bell routes.
(ii) The land components of the designated water routes in Alabama, Arkansas,
Oklahoma, and Tennessee.
(iii) The routes from the collection forts in Alabama, Georgia, North Carolina,
and Tennessee to the emigration depots.
(iv) The related campgrounds located along the routes and land components
described in clauses (i) through (iii).
(D) The Secretary may accept donations for the Trail from private, nonprofit, or tribal
organizations. No lands or interests in lands outside the exterior boundaries of any
federally administered area may be acquired by the Federal Government for the Trail of
Tears National Historic Trail except with the consent of the owner thereof.
(17) The Juan Bautista de Anza National Historic Trail, a trail comprising the overland route
traveled by Captain Juan Bautista de Anza of Spain during the years 1775 and 1776 from Sonora,
Mexico, to the vicinity of San Francisco, California, as generally described in the report of the
Department of Interior prepared pursuant to the subsection (b) entitled 'Juan Bautista de Anza National
Trail Study, Feasibility Study and Environmental Assessment' and dated August, 1986. A map generally
depicting the trail shall be on file and available for public inspection in the Office of the Director of the
National Park Service, Washington, District of Columbia. The trail shall be administered by the Secretary
of Interior. No lands or interest therein outside the exterior boundaries of any federally administered area
may be acquired by the Federal Government for the Juan Bautista de Anza National Historic Trail without
the consent of the owner thereof. In implementing this paragraph, the Secretary shall encourage volunteer
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trail groups to participate in the development and maintenance of the trail.
(18) The California National Historic Trail, a route of approximately five thousand seven hundred
miles, including all routes and cutoffs, extending from Independence and Saint Joseph, Missouri, and
Council Bluffs, Iowa, to various points in California and Oregon, as generally described in the report of
the Department of the Interior prepared pursuant to subsection (b) of this section entitled "California and
Pony Express Trails, Eligibility/Feasibility Study/Environmental Assessment" and dated September 1987.
A map generally depicting the route shall be on file and available for public inspection in the Office of the
National Park Service, Department of the Interior. The trail shall be administered by the Secretary of the
Interior. No lands or interests therein outside the exterior boundaries of any federally administered area
may be acquired by the United States for the California National Historic Trail except with the consent of
the owner thereof.
(19) The Pony Express National Historic Trail, a route of approximately one thousand nine
hundred miles, including the original route and subsequent route changes, extending from Saint Joseph,
Missouri, to Sacramento, California, as generally described in the report of the Department of the Interior
prepared pursuant to subsection (b) of this section entitled "California and Pony Express Trails,
Eligibility/Feasibility Study/Environmental Assessment" and dated September 1987. A map generally
depicting the route shall be on file and available for public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be administered by the Secretary of the Interior. No
lands or interests therein outside the exterior boundaries of any federally administered area may be
acquired by the United States for the Pony Express National Historic Trail except with the consent of the
owner thereof.
[Related language from P.L. 102-328, section 2: The Secretary of the Interior (hereinafter referred to as
the Secretary) shall undertake a study of the land and water route used to carry mail from Sacramento to
San Francisco, California, to determine the feasibility and suitability of designation of such route as a
component of the Pony Express National Historic Trail designated by section 1 of this Act. Upon
completion of the study, if the Secretary determines such a route is a feasible and suitable addition to the
Pony Express National Historic Trail, the Secretary shall designate the route as a component of the Pony
Express National Historic Trail. The Secretary shall publish notice of such designation in the Federal
Register and shall submit the study along with his findings to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate.]
(20) The Selma to Montgomery National Historic Trail, consisting of 54 miles of city streets and
United States Highway 80 from Brown Chapel A.M.E. Church in Selma to the State Capitol Building in
Montgomery, Alabama, traveled by voting rights advocates during March 1965 to dramatize the need for
voting rights legislation, as generally described in the report to the Secretary of the Interior prepared
pursuant to subsection (b) of this section entitled "Selma to Montgomery" and dated April, 1993. Maps
depicting the route shall be on file and available for public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be administered in accordance with this Act, including
section 7(h). The Secretary of the Interior, acting through the National Park Service, which shall be the
lead Federal agency, shall cooperate with other Federal, State and local authorities to preserve historic
sites
along the route, including (but not limited to) the Edmund Pettus Bridge and the Brown Chapel A.M.E.
Church.
(21) El Camino Real de tierra adentro –
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(A) El Camino Real de Tierra Adentro (the Royal Road of the Interior) National Historic
Trail, a 404 mile long trail from Rio Grande near El Paso, Texas to San Juan Pueblo,
New Mexico, as generally depicted on the maps entitled “United States Route: El Camino
Real de Tierra Adentro,” contained in the report prepared pursuant to subsection (b)
entitled “National Historic Trail Feasibility Study and Environmental Assessment: El
Camino Real de Tierra Adentro, Texas-New Mexico,” dated March 1997.
(B) MAP - A map generally depicting the trail shall be on file and available for public
inspection in the Office of the National Park Service, Department of the Interior.
(C) ADMINISTRATION - The Trail shall be administered by the Secretary of the
Interior.
(D) LAND ACQUISTION - No lands or interests therein outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government for El
Camino Real de Tierra Adentro except with the consent of the owner thereof.
(E) VOLUNTEER GROUPS; CONSULTATION - The Secretary of the Interior shall -(i) encourage volunteer groups to participate in the development and maintenance
of the trail; and
(ii) consult with other affected Federal, State, local governmental, and tribal
agencies in the administration of the trail.
(F) COORDINATION OF ACTIVITIES -The Secretary of the Interior may coordinate
with United States and Mexican public and non-governmental organizations, academic
institutions, and in consultation with the Secretary of State, the government of Mexico
and its political subdivisions, for the purpose of exchanging trail information and
research, fostering trail preservation and education programs, providing technical
assistance, and working to establish an international historic trail with complementary
preservation and education programs in each nation.
(22) Ala Kahakai National Historic Trail -(A) IN GENERAL - The Ala Kahakai National Historic Trail (the Trail by the Sea), a
175 mile long trail extending from ‘Upola Point on the north tip of Hawaii Island down
the west coast of the Island around Ka Lae to the east boundary of Hawaii Volcanoes
National Park at the ancient shoreline temple known as “Waha’ula,” as generally
depicted on the map entitled “Ala Kahakai Trail,” contained in the report prepared
pursuant to subsection (b) entitled “Ala Kahakai National Trail Study and Environmental
Impact Statement,” dated January, 1998.
(B) MAP - A map generally depicting the trail shall be on file and available for public
inspection in the Office of the National Park Service, Department of the Interior.
(C) ADMINISTRATION - The trail shall be administered by the Secretary of the
Interior.
(D) LAND ACQUISTION - No land or interest in land outside the exterior boundaries of
any federally administered area may be acquired by the United States for the trail except
with the consent of the owner of the land or interest in land.
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(E) PUBLIC PARTICIPATION; CONSULTATION - The Secretary of the Interior shall(i) encourage communities and owners of land along the trail, native Hawaiians,
and volunteer trail groups to participate in the planning, development,
and maintenance of the trail; and
(ii) consult with affected Federal, State, and local agencies, native Hawaiian
groups, and landowners in the administration of the trail.
(23) Old Spanish National Historic Trail
(A) IN GENERAL – The Old Spanish National Historic Trail, an approximately 2,700
mile long trail extending from Santa Fe, New Mexico, to Los Angeles, California, that
served as a major trade route between 1829 and 1848, as generally depicted on the maps
numbered 1 through 9, as contained in the report entitled ‘Old Spanish Trail National
Historic Trail Feasibility Study,’ dated July 2001, including the Armijo Route, Northern
Route, North Branch, and Mojave Road.
(B) MAP – A map generally depicting the trail shall be on file and available for public
inspection in the appropriate offices of the Department of the Interior.
(C ) ADMINISTRATION – The trail shall be administered by the Secretary of the
Interior (referred to in this paragraph as the ‘Secretary’).
(D) LAND ACQUISITION – The United States shall not acquire for the trail any land or
interest in land outside the exterior boundary of any federally-managed area without the
consent of the owner of the land or interest in land.
(E) CONSULTATION – The Secretary shall consult with other Federal, State, local, and
tribal agencies in the administration of the trail.
(F) ADDITIONAL ROUTES – The Secretary may designate additional routes to the trail
if (i) the additional routes were included in the Old Spanish Trail National Historic
Trail Feasibility Study, but were not recommended for designation as a
national historic trail; and
(ii) the Secretary determines that the additional routes were used for trade and
commerce between 1829 and 1848.
(24) El Camino Real De Los Tejas National Historic Trail
(A) IN GENERAL - El Camino Real de los Tejas (the Royal Road to the Tejas) National
Historic Trail, a combination of historic routes (including the Old San Antonio Road)
totaling approximately 2,580 miles, extending from the Rio Grande near Eagle Pass and
Laredo, Texas, to Natchitoches, Louisiana, as generally depicted on the map entitled `El
Camino Real de los Tejas' contained in the report entitled `National Historic Trail
Feasibility Study and Environmental Assessment: El Camino Real de los Tejas, TexasLouisiana', dated July 1998.
(B) MAP - A map generally depicting the trail shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
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(C) ADMINISTRATION
(i) The Secretary of the Interior (referred to in this paragraph as `the Secretary')
shall administer the trail.
(ii) The Secretary shall administer those portions of the trail on non-Federal land
only with the consent of the owner of such land and when such trail
portion qualifies for certification as an officially established component
of the trail, consistent with section 3(a)(3). An owner's approval of a
certification agreement shall satisfy the consent requirement. A
certification agreement may be terminated at any time.
(iii) The designation of the trail does not authorize any person to enter private
property without the consent of the owner.
(D) CONSULTATION - The Secretary shall consult with appropriate State and local
agencies in the planning and development of the trail.
(E) COORDINATION OF ACTIVITIES - The Secretary may coordinate with United
States and Mexican public and nongovernmental organizations, academic institutions,
and, in consultation with the Secretary of State, the Government of Mexico and its
political subdivisions, for the purpose of exchanging trail information and research,
fostering trail preservation and educational programs, providing technical assistance, and
working to establish an international historic trail with complementary preservation and
education programs in each nation.
(F) LAND ACQUISITION- The United States shall not acquire for the trail any land or
interest in land outside the exterior boundary of any federally-administered area without
the consent of the owner of the land or interest in land.
(25) Captain John Smith Chesapeake National Historic Trail
(A) IN GENERAL- The Captain John Smith Chesapeake National Historic Trail, a series
of water routes extending approximately 3,000 miles along the Chesapeake Bay and the
tributaries of the Chesapeake Bay in the States of Virginia, Maryland, and Delaware, and
in the District of Columbia, that traces the 1607-1609 voyages of Captain John Smith to
chart the land and waterways of the Chesapeake Bay, as generally depicted on the map
entitled Captain John Smith Chesapeake National Historic Trail Map MD, VA, DE, and
DC, numbered P-16/8000 (CAJO), and dated May 2006.
(B) MAP- The map referred to in subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the National Park Service.
(C) ADMINISTRATION- The trail shall be administered by the Secretary of the Interior(i) in coordination with-(I) the Chesapeake Bay Gateways and Watertrails Network authorized
under the Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461
note; 112 Stat. 2961); and
(II) the Chesapeake Bay Program authorized under section 117 of the
Federal Water Pollution Control Act (33 U.S.C. 1267); and
(ii) in consultation with-11

(I) other Federal, State, tribal, regional, and local agencies; and
(II) the private sector.
(D) LAND ACQUISITION- The United States shall not acquire for the trail any land or
interest in land outside the exterior boundary of any federally-managed area without the
consent of the owner of the land or interest in land.
(26) Star-Spangled Banner National Historic Trail(A) IN GENERAL- The Star-Spangled Banner National Historic Trail, a trail consisting
of water and overland routes totaling approximately 290 miles, extending from Tangier
Island, Virginia, through southern Maryland, the District of Columbia, and northern
Virginia, in the Chesapeake Bay, Patuxent River, Potomac River, and north to the
Patapsco River, and Baltimore, Maryland, commemorating the Chesapeake Campaign of
the War of 1812 (including the British invasion of Washington, District of Columbia, and
its associated feints, and the Battle of Baltimore in summer 1814), as generally depicted
on the map titled `Star-Spangled Banner National Historic Trail', numbered T02/80,000,
and dated June 2007.
(B) MAP- The map referred to in subparagraph (A) shall be maintained on file and
available for public inspection in the appropriate offices of the National Park Service.
(C) ADMINISTRATION- Subject to subparagraph (E)(ii), the trail shall be administered
by the Secretary of the Interior.
(D) LAND ACQUISITION- No land or interest in land outside the exterior boundaries of
any federally administered area may be acquired by the United States for the trail except
with the consent of the owner of the land or interest in land.
(E) PUBLIC PARTICIPATION- The Secretary of the Interior shall-(i) encourage communities, owners of land along the trail, and volunteer trail
groups to participate in the planning, development, and maintenance of
the trail; and
(ii) consult with other affected landowners and Federal, State, and local agencies
in the administration of the trail.
(F) INTERPRETATION AND ASSISTANCE- Subject to the availability of
appropriations, the Secretary of the Interior may provide, to State and local governments
and nonprofit organizations, interpretive programs and services and technical assistance
for use in-(i) carrying out preservation and development of the trail; and
(ii) providing education relating to the War of 1812 along the trail.
(27) ARIZONA NATIONAL SCENIC TRAIL(A) IN GENERAL- The Arizona National Scenic Trail, extending approximately 807
miles across the State of Arizona from the U.S.-Mexico international border to the
Arizona-Utah border, as generally depicted on the map entitled `Arizona National Scenic
Trail' and dated December 5, 2007, to be administered by the Secretary of Agriculture, in
consultation with the Secretary of the Interior and appropriate State, tribal, and local
governmental agencies.
12

(B) AVAILABILITY OF MAP- The map shall be on file and available for public
inspection in appropriate offices of the Forest Service.
(28) NEW ENGLAND NATIONAL SCENIC TRAIL- The New England National Scenic Trail,
a continuous trail extending approximately 220 miles from the border of New Hampshire in the
town of Royalston, Massachusetts to Long Island Sound in the town of Guilford, Connecticut, as
generally depicted on the map titled `New England National Scenic Trail Proposed Route',
numbered T06/80,000, and dated October 2007. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service. The Secretary of the Interior, in
consultation with appropriate Federal, State, tribal, regional, and local agencies, and other
organizations, shall administer the trail after considering the recommendations of the report titled
the `Metacomet Monadnock Mattabesset Trail System National Scenic Trail Feasibility Study
and Environmental Assessment', prepared by the National Park Service, and dated Spring 2006.
The United States shall not acquire for the trail any land or interest in land without the consent of
the owner.
(b) Management- The Secretary of the Interior (referred to in this section as the
`Secretary') shall consider the actions outlined in the Trail Management Blueprint
described in the report titled the `Metacomet Monadnock Mattabesett Trail System
National Scenic Trail Feasibility Study and Environmental Assessment', prepared by the
National Park Service, and dated Spring 2006, as the framework for management and
administration of the New England National Scenic Trail. Additional or more detailed
plans for administration, management, protection, access, maintenance, or development
of the trail may be developed consistent with the Trail Management Blueprint, and as
approved by the Secretary.
(c) Cooperative Agreements- The Secretary is authorized to enter into cooperative
agreements with the Commonwealth of Massachusetts (and its political subdivisions), the
State of Connecticut (and its political subdivisions), and other regional, local, and private
organizations deemed necessary and desirable to accomplish cooperative trail
administrative, management, and protection objectives consistent with the Trail
Management Blueprint. An agreement under this subsection may include provisions for
limited financial assistance to encourage participation in the planning, acquisition,
protection, operation, development, or maintenance of the trail.
(d) Additional Trail Segments- Pursuant to section 6 of the National Trails System Act
(16 U.S.C. 1245), the Secretary is encouraged to work with the State of New Hampshire
and appropriate local and private organizations to include that portion of the MetacometMonadnock Trail in New Hampshire (which lies between Royalston, Massachusetts and
Jaffrey, New Hampshire) as a component of the New England National Scenic Trail.
Inclusion of this segment, as well as other potential side or connecting trails, is contingent
upon written application to the Secretary by appropriate State and local jurisdictions and
a finding by the Secretary that trail management and administration is consistent with the
Trail Management Blueprint.
(29) WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC
TRAIL(A) IN GENERAL - The Washington-Rochambeau Revolutionary Route National
Historic Trail, a corridor of approximately 600 miles following the route taken by the
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armies of General George Washington and Count Rochambeau between Newport, Rhode
Island, and Yorktown, Virginia, in 1781 and 1782, as generally depicted on the map
entitled `WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL
HISTORIC TRAIL', numbered T01/80,001, and dated June 2007.
(B) MAP - The map referred to in subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the National Park Service.
(C) ADMINISTRATION- The trail shall be administered by the Secretary of the Interior,
in consultation with-(i) other Federal, State, tribal, regional, and local agencies; and
(ii) the private sector.
(D) LAND ACQUISITION- The United States shall not acquire for the trail any land or
interest in land outside the exterior boundary of any federally-managed area without the
consent of the owner of the land or interest in land.
(30) PACIFIC NORTHWEST NATIONAL SCENIC TRAIL(A) IN GENERAL- The Pacific Northwest National Scenic Trail, a trail of approximately
1,200 miles, extending from the Continental Divide in Glacier National Park, Montana, to
the Pacific Ocean Coast in Olympic National Park, Washington, following the route
depicted on the map entitled `Pacific Northwest National Scenic Trail: Proposed Trail',
numbered T12/80,000, and dated February 2008 (referred to in this paragraph as the
`map').
(B) AVAILABILITY OF MAP- The map shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(C) ADMINISTRATION- The Pacific Northwest National Scenic Trail shall be
administered by the Secretary of Agriculture.
(D) LAND ACQUISITION- The United States shall not acquire for the Pacific
Northwest National Scenic Trail any land or interest in land outside the exterior boundary
of any federally-managed area without the consent of the owner of the land or interest in
land.
(b) The Secretary of the Interior, through the agency most likely to administer such trail, and the
Secretary of Agriculture where lands administered by him are involved, shall make such additional
studies as are herein or may hereafter be authorized by the Congress for the purpose of determining the
feasibility and desirability of designating other trails as national scenic or national historic trails. Such
studies shall be made in consultation with the heads of other Federal agencies administering lands through
which such additional proposed trails would pass and in cooperation with interested interstate, State, and
local governmental agencies, public and private organizations, and landowners and land users concerned.
The feasibility of designating a trail shall be determined on the basis of an evaluation of whether or not it
is physically possible to develop a trail along a route being studied, and whether the development of a
trail would be financially feasible. The studies listed in subsection (c) of this section shall be completed
and submitted to the Congress, with recommendations as to the suitability of trail designation, not later
than three complete fiscal years from the date of enactment of their addition to this subsection, or from
14

the date of enactment of this sentence, whichever is later. Such studies, when submitted, shall be printed
as a House or Senate document, and shall include, but not be limited to:
(1) the proposed route of such trail (including maps and illustrations);
(2) the areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural, or
developmental purposes;
(3) the characteristics which, in the judgment of the appropriate Secretary, make the proposed
trail worthy of designation as a national scenic or national historic trail; and in the case of
national historic trails the report shall include the recommendation of the Secretary of the
Interior's National Park System Advisory Board as to the national historic significance based on
the criteria developed under the Historic Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461);
(4) the current status of land ownership and current and potential use along the designated route;
(5) the estimated cost of acquisition of lands or interest in lands, if any;
(6) the plans for developing and maintaining the trail and the cost thereof;
(7) the proposed Federal administering agency (which, in the case of a national scenic trail wholly
or substantially within a national forest, shall be the Department of Agriculture);
(8) the extent to which a State or its political subdivisions and public and private organizations
might reasonably be expected to participate in acquiring the necessary lands and in the
administration thereof;
(9) the relative uses of the lands involved, including: the number of anticipated visitor-days for
the entire length of, as well as for segments of, such trail; the number of months which such trail,
or segments thereof, will be open for recreation purposes; the economic and social benefits which
might accrue from alternate land uses; and the estimated man-years of civilian employment and
expenditures expected for the purposes of maintenance, supervision, and regulation of such trail;
(10) the anticipated impact of public outdoor recreation use on the preservation of a proposed
national historic trail and its related historic and archeological features and settings, including the
measures proposed to ensure evaluation and preservation of the values that contribute to their
national historic significance; and
(11) To qualify for designation as a national historic trail, a trail must meet all three of the
following criteria:
(A) It must be a trail or route established by historic use and must be historically
significant as a result of that use. The route need not currently exist as a discernible trail
to qualify, but its location must be sufficiently known to permit evaluation of public
recreation and historical interest potential. A designated trail should generally accurately
follow the historic route, but may deviate somewhat on occasion of necessity to avoid
difficult routing through subsequent development, or to provide some route variations
offering a more pleasurable recreational experience. Such deviations shall be so noted on
site. Trail segments no longer possible to travel by trail due to subsequent development
15

as motorized transportation routes may be designated and marked onsite as segments
which link to the historic trail.
(B) It must be of national significance with respect to any of several broad facets of
American history, such as trade and commerce, exploration, migration and settlement, or
military campaigns. To qualify as nationally significant, historic use of the trail must
have had a far reaching effect on broad patterns of American culture. Trails significant in
the history of native Americans may be included.
(C) It must have significant potential for public recreational use or historical interest
based on historic interpretation and appreciation. The potential for such use is generally
greater along roadless segments developed as historic trails and at historic sites associated
with the trail. The presence of recreation potential not related to historic appreciation is
not sufficient justification for designation under this category.
(c) The following routes shall be studied in accordance with the objectives outlined in subsection (b) of
this section.
(1) Continental Divide Trail, a three-thousand-one-hundred-mile trail extending from near the
Mexican border in southwestern New Mexico northward generally along the Continental Divide
to the Canadian border in Glacier National Park.
(2) Potomac Heritage Trail, an eight-hundred-and-twenty-five-mile trail extending generally from
the mouth of the Potomac River to its sources in Pennsylvania and West Virginia including the
one-hundred- and- seventy-mile Chesapeake and Ohio Canal towpath.
(3) Old Cattle Trails of the Southwest from the vicinity of San Antonio, Texas, approximately
eight hundred miles through Oklahoma via Baxter Springs and Chetopa, Kansas, to Fort Scott,
Kansas, including the Chisholm Trail, from the vicinity of San Antonio or Cuero, Texas,
approximately eight hundred miles north through Oklahoma to Abilene, Kansas.
(4) Lewis and Clark Trail, from Wood River, Illinois, to the Pacific Ocean in Oregon, following
both the outbound and inbound routes of the Lewis and Clark Expedition.
(5) Natchez Trace, from Nashville, Tennessee, approximately six hundred miles to Natchez,
Mississippi.
(6) North Country Trail, from the Appalachian Trail in Vermont, approximately three thousand
two hundred miles through the States of New York, Pennsylvania, Ohio, Michigan, Wisconsin,
and Minnesota, to the Lewis and Clark Trail in North Dakota.
(7) Kittanning Trail from Shirleysburg in Huntingdon County to Kittanning, Armstrong County,
Pennsylvania.
(8) Oregon Trail, from Independence, Missouri, approximately two thousand miles to near Fort
Vancouver, Washington.
(9) Santa Fe Trail, from Independence, Missouri, approximately eight hundred miles to Santa Fe,
16

New Mexico.
(10) Long Trail extending two hundred and fifty-five miles from the Massachusetts border
northward through Vermont to the Canadian border.
(11) Mormon Trail, extending from Nauvoo, Illinois, to Salt Lake City, Utah, through the States
of Iowa, Nebraska, and Wyoming.
(12) Gold Rush Trails in Alaska.
(13) Mormon Battalion Trail, extending two thousand miles from Mount Pisgah, Iowa, through
Kansas, Colorado, New Mexico, and Arizona to Los Angeles, California.
(14) El Camino Real from St. Augustine to San Mateo, Florida, approximately 20 miles along the
southern boundary of the St. Johns River from Fort Caroline National Memorial to the St. August
National Park Monument.
(15) Bartram Trail, extending through the States of Georgia, North Carolina, South Carolina,
Alabama, Florida, Louisiana, Mississippi, and Tennessee.
(16) Daniel Boone Trail, extending from the vicinity of Statesville, North Carolina, to Fort
Boonesborough State Park, Kentucky.
(17) Desert Trail, extending from the Canadian border through parts of Idaho, Washington,
Oregon, Nevada, California, and Arizona, to the Mexican border.
(18) Dominguez-Escalante Trail, extending approximately two thousand miles along the route of
the 1776 expedition led by Father Francisco Atanasio Dominguez and Father Silvestre Velez de
Escalante, originating in Santa Fe, New Mexico; proceeding northwest along the San Juan,
Dolores, Gunnison, and White Rivers in Colorado, thence westerly to Utah Lake; thence
southward to Arizona and returning to Santa Fe.
(19) Florida Trail, extending north from Everglade National Park, including the Big Cypress
Swamp, the Kissimmee Prairie, the Withlacoochee State Forest, Ocala National Forest, Osceola
National Forest, and Black Water River State Forest, said completed trail to be approximately one
thousand three hundred miles along, of which over four hundred miles of trail have already been
built.
(20) Indian Nations Trail, extending from the Red River in Oklahoma approximately two hundred
miles northward through the former Indian nations to the Oklahoma-Kansas boundary line.
(21) Nez Perce Trail extending from the vicinity of Wallowa Lake, Oregon, to Bear Paw
Mountain, Montana.
(22) Pacific Northwest Trail, extending approximately one thousand miles from the Continental
Divide in Glacier National Park, Montana, to the Pacific Ocean beach of Olympic National Park,
Washington, by way of -(A) Flathead National Forest and Kootenai National Forest in the State of Montana;
17

(B) Kaniksu National Forest in the State of Idaho; and
(C) Colville National Forest, Okanogan National Forest, Pasayten Wilderness Area, Ross
Lake National Recreation Area, North Cascades National Park, Mount Baker, the Skagit
River, Deception Pass, Whidbey Island, Olympic National Forest, and Olympic National
Park in the State of Washington.
(23) Overmountain Victory Trail, extending from the vicinity of Elizabethton, Tennessee, to
Kings Mountain National Military Park, South Carolina.
(24) Juan Bautista de Anza Trail, following the overland route taken by Juan Bautista de Anza in
connection with his travels from the United Mexican States to San Francisco, California.
(25) Trail of Tears, including the associated forts and specifically, Fort Mitchell, Alabama, and
historic properties, extending from the vicinity of Murphy, North Carolina, through Georgia,
Alabama, Tennessee, Kentucky, Illinois, Missouri, and Arkansas, to the vicinity of Tahlequah,
Oklahoma.
(26) Illinois Trail, extending from the Lewis and Clark Trail at Wood River, Illinois to the
Chicago Portage National Historic Site, generally following the Illinois River and the Illinois and
Michigan Canal.
(27) Jedediah Smith Trail, to include the routes of the explorations led by Jedediah Smith –
(A) during the period 1826-1827, extending from the Idaho-Wyoming border, through
the Great Salt Lake, Sevier, Virgin, and Colorado River Valleys, and the Mojave Desert,
to the San Gabriel Mission, California; thence through the Tehachapi Mountains, San
Joaquin and Stanislaus River Valleys, Ebbetts Pass, Walker River Valley, Bald Mount,
Mount Grafton, and Great Salt Lake to Bear Lake, Utah; and
(B) during 1828, extending from the Sacramento and Trinity River valleys along the
Pacific coastline, through the Smith and Willamette River Valleys to the Fort Vancouver
National Historic Site, Washington, on the Columbia River.
(28) General Crook Trail, extending from Prescott, Arizona, across the Mogollon Rim to Fort
Apache.
(29) Beale Wagon Road, within the Kaibab and Cononino National Forests in Arizona; Provided,
such study may be prepared in conjunction with ongoing planning processes for these National
Forests to be completed before 1990.
(30) Pony Express Trail, extending from Saint Joseph, Missouri, through Kansas, Nebraska,
Colorado, Wyoming, Utah, Nevada, to Sacramento, California, as indicated on a map labeled
"Potential Pony Express Trail", dated October 1983 and the California Trail extending from the
vicinity of Omaha, Nebraska, and Saint Joseph, Missouri, to various points in California, as
indicated on a map labeled "Potential California Trail" and dated August 1, 1983.
Notwithstanding subsection (b) of this section, the study under this paragraph shall be completed
and submitted to the Congress no later than the end of two complete fiscal years beginning after
18

the date of the enactment of this paragraph. Such study shall be separated into two portions, one
relating to the Pony Express Trail and one relating to the California Trail.
(31) De Soto Trail, the approximate route taken by the expedition of the Spanish explorer
Hernado de Soto in 1539, extending through portions of the States of Florida, Georgia, South
Carolina, North Carolina, Tennessee, Alabama, Mississippi, to the area of Little Rock, Arkansas,
on to Texas and Louisiana, and any other States which may have been crossed by the expedition.
The study under this paragraph shall be prepared in accordance with subsection (b) of this
section, except that it shall be completed and submitted to the Congress with recommendations as
to the trail's suitability for designation not later than one calendar year after the date of enactment
of this paragraph.
(32) Coronado Trail, the approximate route taken by the expedition of the Spanish explorer
Francisco Vasquez de Coronado between 1540 and 1542, extending through portions of the States
of Arizona, New Mexico, Texas, Oklahoma, and Kansas. The study under this paragraph shall be
prepared in accordance with subsection (b) of this section. In conducting the study under this
paragraph, the Secretary shall provide for (A) the review of all original Spanish documentation on
the Coronado Trail, (B) the continuing search for new primary documentation on the trail, and
(C) the examination of all information on the archeological sites along the trail.
(33) The route from Selma to Montgomery, Alabama traveled by people in a march dramatizing
the need for voting rights legislation, in March 1965, includes Sylvan South Street, Water
Avenue, the Edmund Pettus Bridge, and Highway 80. The study under this paragraph shall be
prepared in accordance with subsection (b) of this section, except that it shall be completed and
submitted to the Congress with recommendations as to the trail's suitability for designation not
later than 1 year after the enactment of this paragraph.
(34) American Discovery Trail, extending from Pt. Reyes, California, across the United States
through Nevada, Utah, Colorado, Kansas, Nebraska, Missouri, Iowa, Indiana, Illinois, Ohio, West
Virginia, Maryland, and the District of Columbia, to Cape Henlopen State Park, Delaware; to
include in the central United States a northern route through Colorado, Nebraska, Iowa, Illinois,
and Indiana and a southern route through Colorado, Kansas, Missouri, Illinois, and Indiana.
(35) Ala Kahakai Trail in the State of Hawaii, an ancient Hawaiian trail on the island of Hawaii
extending from the northern tip of the Island of Hawaii approximately 175 miles along the
western and southern coasts to the northern boundary of Hawaii Volcanoes National Park.
(36)

(A) El Camino Real de Tierra Adentro, the approximately 1,800 mile route extending
from Mexico City, Mexico, across the international border at El Paso, Texas, to Santa Fe,
New Mexico.
(B) The study shall
(i) examine changing routes within the general corridor;
(ii) examine major connecting branch routes; and
(iii) give due consideration to alternative name designations.
(C) The Secretary of the Interior is authorized to work in cooperation with the
Government of Mexico (including, but not limited to providing technical assistance) to
determine the suitability and feasibility of establishing an international historic route
19

along the El Camino Real de Tierra Adentro.
(37)

(A) El Camino Real Para Los Texas, the approximate series of routes from Saltillo,
Monclova, and Guerrero, Mexico across Texas through San Antonio and Nacogdoches,
to the vicinity of Los Adaes, Louisiana, together with the evolving routes later known as
the San Antonio Road.
(B) The study shall
(i) examine the changing roads within the historic corridor;
(ii) examine the major connecting branch routes;
(iii) determine the individual or combined suitability and feasibility of routes for
potential national historic trail designation;
(iv) consider the preservation heritage plan developed by the Texas Department
of Transportation entitled "A Texas Legacy: The Old San Antonio Road
and the Caminos Reales", dated January, 1991; and
(v) make recommendations concerning the suitability and feasibility of
establishing an international historical park where the trail crosses the
United States-Mexico border at Maverick County, Texas, and Guerrero,
Mexico.
(C) The Secretary of the Interior is authorized to work in cooperation with the
government of Mexico (including, but not limited to providing technical assistance) to
determine the suitability and feasibility of establishing an international historic trail along
the El Camino Real Para Los Texas.
(D) The study shall be undertaken in consultation with the Louisiana Department of
Transportation and Development and the Texas Department of Transportation.
(E) The study shall consider alternative name designations for the trail.
(F) The study shall be completed no later than two years after the date funds are made
available for the study.

(38) The Old Spanish Trail, beginning in Santa Fe, New Mexico, proceeding through Colorado
and Utah, and ending in Los Angeles, California, and the Northern Branch of the Old Spanish
Trail, beginning near Espanola, New Mexico, proceeding through Colorado, and ending near
Crescent Junction, Utah.
(39) The Great Western Scenic Trail, a system of trails to accommodate a variety of travel users
in a corridor of approximately 3,100 miles in length extending from the Arizona-Mexico border
to the Idaho-Montana-Canada border, following the approximate route depicted on the map
identified as 'Great Western Trail Corridor, 1988,' which shall be on file and available for public
inspection in the Office of the Chief of the Forest Service, United States Department of
Agriculture. The trail study shall be conducted by the Secretary of Agriculture, in consultation
with the Secretary of the Interior, in accordance with subsection (b) and shall include –
(A) the current status of land ownership and current and potential use along the
designatedroute;

20

(B) the estimated cost of acquisition of lands or interests in lands, if any; and
(C) an examination of the appropriateness of motorized trail use along the trail.
(40) Star Spangled Banner National Historic Trail –
(A) IN GENERAL – The Star Spangled Banner National Historic Trail,tracing the War
of 1812 route from the arrival of the British fleet in the Patuxent River in Calvert County
and St. Mary’s County, Maryland, the landing of the British forces at Benedict, the
sinking of the Chesapeake Flotilla at Pig Point, the American defeat at the Battle of
Bladensburg, the siege of the Nation’s Capital, Washington, District of Columbia
(including the burning of the United States Capitol and the White House), the British
naval dispersions in the upper Chesapeake Bay leading to the Battle of Caulk’s Field in
Kent County, Maryland, the route of the American troops from Washington through
Georgetown, the Maryland counties of Montgomery, Howard, and Baltimore, and the
City of Baltimore Maryland, to the Battle of North Point, and the ultimate victory of the
Americans at Fort McHenry on September 14, 1814.
(B) AFFECTED AREAS – The trail crosses eight counties within the boundaries of the
State of Maryland, the City of Baltimore, Maryland, and Washington, District of
Columbia.
(C ) COORDINATION WITH OTHER CONGRESSIONALLY MANDATED
ACTIVITIES – The study under this paragraph shall be undertaken in coordination with
the study authorized under section 603 of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 1a-5 note; 110 Stat. 4172) and the Chesapeake Bay
Gateways and Watertrails Network authorized under the Chesapeake Bay Initiative Act
of 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such coordination shall extend to any
research needed to complete the studies and any findings and implementation actions that
result from the studies and shall use available resources to the greatest extent possible to
avoid unnecessary duplication of effort.
(D) DEADLINE FOR STUDY – Not later than 2 years after funds are made available
fore the study under this paragraph, the study shall be completed and transmitted with
final recommendations to the Committee on Resources in the House of Representatives
and the Committee on Energy and Natural Resources in the Senate.
(41) Metacomet-Monadnock-Mattabesett Trail – The Metacomet-Monadnock-Mattabesett Trail, a
system of trails and potential trails extending southward approximately 180 miles through
Massachusetts on the Metacomet-Monadnock Trail, across central Connecticut on the Metacomet
Trail, and ending at Long Island Sound.
(42) The Long Walk, a series of routes which the Navajo and Mescalero Apache Indian tribes
were forced to walk beginning in the fall of 1863 as a result of their removal by the United States
Government from their ancestral lands, generally located within a corridor extending through
portions of Canyon de Chelley, Arizona, and Albuquerque, Canyon Blanco, Anton Chico,
Canyon Piedra Pintado, and Fort Sumner, New Mexico.

21

(43)

(A) The Captain John Smith Chesapeake National Historic Watertrail, a series of routes
extending approximately 3,000 miles along the Chesapeake Bay and the tributaries of the
Chesapeake Bay in the States of Virginia, Maryland, Pennsylvania, and Delaware and the
District of Columbia that traces Captain John Smith's voyages charting the land and
waterways of the Chesapeake Bay and the tributaries of the Chesapeake Bay.
(B) The study shall be conducted in consultation with Federal, State, regional, and local
agencies and representatives of the private sector, including the entities responsible for
administering-(i) the Chesapeake Bay Gateways and Watertrails Network authorized under the
Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 note; title V of
Public Law 105-312); and
(ii) the Chesapeake Bay Program authorized under section 117 of the Federal
Water Pollution Control Act (33 U.S.C. 1267).
(C) The study shall include an extensive analysis of the potential impacts the designation
of the trail as a national historic watertrail is likely to have on land and water, including
docks and piers, along the proposed route or bordering the study route that is privately
owned at the time the study is conducted.

(44) Chisholm Trail
(A) IN GENERAL- The Chisholm Trail (also known as the `Abilene Trail'), from the
vicinity of San Antonio, Texas, segments from the vicinity of Cuero, Texas, to Ft. Worth,
Texas, Duncan, Oklahoma, alternate segments used through Oklahoma, to Enid,
Oklahoma, Caldwell, Kansas, Wichita, Kansas, Abilene, Kansas, and commonly used
segments running to alternative Kansas destinations.
(B) REQUIREMENT- In conducting the study required under this paragraph, the
Secretary of the Interior shall identify the point at which the trail originated south of San
Antonio, Texas.
(45) Great Western Trail
(A) IN GENERAL- The Great Western Trail (also known as the `Dodge City Trail'),
from the vicinity of San Antonio, Texas, north-by-northwest through the vicinities of
Kerrville and Menard, Texas, north-by-northeast through the vicinities of Coleman and
Albany, Texas, north through the vicinity of Vernon, Texas, to Doan's Crossing, Texas,
northward through or near the vicinities of Altus, Lone Wolf, Canute, Vici, and May,
Oklahoma, north through Kansas to Dodge City, and north through Nebraska to Ogallala.
(B) REQUIREMENT- In conducting the study required under this paragraph, the
Secretary of the Interior shall identify the point at which the trail originated south of San
Antonio, Texas.
(46) Pike National Historic Trail. – The Pike National Historic Trail, a series of routes extending
approximately 3,664 miles, which follows the route taken by Lt. Zebulon Montgomery Pike
during the 1806 – 1807 Pike expedition that began in Fort Bellefontaine, Missouri, extended
through portions of the States of Kansas, Nebraska, Colorado, New Mexico, and Texas, and
ended in Natchitoches, Louisiana.

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(d) The Secretary charged with the administration of each respective trail shall, within one year of the
date of the addition of any national scenic or national historic trail to the system, and within sixty days of
the enactment of this sentence for the Appalachian and Pacific Crest National Scenic Trails, establish an
advisory council for each such trail, each of which councils shall expire ten years from the date of its
establishment, except that the Advisory Council established for the Iditarod Historic Trail shall expire
twenty years from the date of its establishment. If the appropriate Secretary is unable to establish such an
advisory council because of the lack of adequate public interest, the Secretary shall so advise the
appropriate committees of the Congress. The appropriate Secretary shall consult with such council from
time to time with respect to matters relating to the trail, including the selection of rights-of-way, standards
for the erection and maintenance of markers along the trail, and the administration of the trail. The
members of each advisory council, which shall not exceed thirty-five in number, shall serve for a term of
two years and without compensation as such, but the Secretary may pay, upon vouchers signed by the
chairman of the council, the expenses reasonably incurred by the council and its members in carrying out
their responsibilities under this section. Members of each council shall be appointed by the appropriate
Secretary as follows:
(1) the head of each Federal department or independent agency administering lands through
which the trail route passes, or his designee;
(2) a member appointed to represent each State through which the trail passes, and such
appointments shall be made from recommendations of the Governors of such States;
(3) one or more members appointed to represent private organizations, including corporate and
individual landowners and land users, which in the opinion of the Secretary, have an established
and recognized interest in the trail, and such appointments shall be made from recommendations
of the heads of such organizations: Provided, That the Appalachian Trail Conference shall be
represented by a sufficient number of persons to represent the various sections of the country
through which the Appalachian Trail passes; and
(4) the Secretary shall designate one member to be chairman and shall fill vacancies in the same
manner as the original appointment.
(e) Within two complete fiscal years of the date of enactment of legislation designating a national scenic
trail, except for the Continental Divide National Scenic Trail and the North Country National Scenic
Trail, as part of the system, and within two complete fiscal years of the date of enactment of this
subsection for the Pacific Crest and Appalachian Trails, the responsible Secretary shall, after full
consultation with affected Federal land managing agencies, the Governors of the affected States, the
relevant advisory council established pursuant to section 5(d), and the Appalachian Trail Conference in
the case of the Appalachian Trail, submit to the Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive
plan for the acquisition, management, development, and use of the trail, including but not limited to, the
following items:
(1) specific objectives and practices to be observed in the management of the trail, including the
identification of all significant natural, historical, and cultural resources to be preserved (along
with high potential historic sites and high potential route segments in the case of national historic
23

trails), details of any anticipated cooperative agreements to be consummated with other entities,
and an identified carrying capacity of the trail and a plan for its implementation;
(2) an acquisition or protection plan, by fiscal year for all lands to be acquired by fee title or
lesser interest, along with detailed explanation of anticipated necessary cooperative agreements
for any lands not to be acquired; and
(3) general and site-specific development plans including anticipated costs.
(f) Within two complete fiscal years of the date of enactment of legislation designating a national historic
trail or the Continental Divide National Scenic Trail or the North Country National Scenic Trail as part of
the system, the responsible Secretary shall, after full consultation with affected Federal land managing
agencies, the Governors of the affected States, and the relevant Advisory Council established pursuant to
section 5(d) of this Act, submit to the Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive
plan for the management, and use of the trail, including but not limited to, the following items:
(1) specific objectives and practices to be observed in the management of the trail, including the
identification of all significant natural, historical, and cultural resources to be preserved, details of
any anticipated cooperative agreements to be consummated with State and local government
agencies or private interests, and for national scenic or national historic trails an identified
carrying capacity of the trail and a plan for its implementation;
(2) the process to be followed by the appropriate Secretary to implement the marking
requirements established in section 7(c) of this Act;
(3) a protection plan for any high potential historic sites or high potential route segments; and
(4) general and site-specific development plans, including anticipated costs.
(g) Revision of Feasibility and Suitability Studies of Existing National Historic Trails(1) DEFINITIONS- In this subsection:
(A) ROUTE- The term `route' includes a trail segment commonly known as a cutoff.
(B) SHARED ROUTE- The term `shared route' means a route that was a segment of
more than 1 historic trail, including a route shared with an existing national historic trail.
(2) REQUIREMENTS FOR REVISION(A) IN GENERAL- The Secretary of the Interior shall revise the feasibility and
suitability studies for certain national trails for consideration of possible additions to the
trails.
(B) STUDY REQUIREMENTS AND OBJECTIVES- The study requirements and
objectives specified in subsection (b) shall apply to a study required by this subsection.

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(C) COMPLETION AND SUBMISSION OF STUDY- A study listed in this subsection
shall be completed and submitted to Congress not later than 3 complete fiscal years from
the date funds are made available for the study.
(3) OREGON NATIONAL HISTORIC TRAIL(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the
routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map
entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other
routes of the Oregon Trail that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of the routes as components of the
Oregon National Historic Trail.
(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include
the following:
(i) Whitman Mission route.
(ii) Upper Columbia River.
(iii) Cowlitz River route.
(iv) Meek cutoff.
(v) Free Emigrant Road.
(vi) North Alternate Oregon Trail.
(vii) Goodale's cutoff.
(viii) North Side alternate route.
(ix) Cutoff to Barlow road.
(x) Naches Pass Trail.
(4) PONY EXPRESS NATIONAL HISTORIC TRAIL- The Secretary of the Interior shall
undertake a study of the approximately 20-mile southern alternative route of the Pony Express
Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail
that the Secretary considers appropriate, to determine the feasibility and suitability of designation
of 1 or more of the routes as components of the Pony Express National Historic Trail.
(5) CALIFORNIA NATIONAL HISTORIC TRAIL(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the
Missouri Valley, central, and western routes of the California Trail listed in subparagraph
(B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and
dated 1991/1993, and of such other and shared Missouri Valley, central, and western
routes that the Secretary considers appropriate, to determine the feasibility and suitability
of designation of 1 or more of the routes as components of the California National
Historic Trail.
(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include
the following:
(i) MISSOURI VALLEY ROUTES(I) Blue Mills-Independence Road.
(II) Westport Landing Road.
(III) Westport-Lawrence Road.
(IV) Fort Leavenworth-Blue River route.
(V) Road to Amazonia.
(VI) Union Ferry Route.
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(VII) Old Wyoming-Nebraska City cutoff.
(VIII) Lower Plattsmouth Route.
(IX) Lower Bellevue Route.
(X) Woodbury cutoff.
(XI) Blue Ridge cutoff.
(XII) Westport Road.
(XIII) Gum Springs-Fort Leavenworth route.
(XIV) Atchison/Independence Creek routes.
(XV) Fort Leavenworth-Kansas River route.
(XVI) Nebraska City cutoff routes.
(XVII) Minersville-Nebraska City Road.
(XVIII) Upper Plattsmouth route.
(XIX) Upper Bellevue route.
(ii) CENTRAL ROUTES(I) Cherokee Trail, including splits.
(II) Weber Canyon route of Hastings cutoff.
(III) Bishop Creek cutoff.
(IV) McAuley cutoff.
(V) Diamond Springs cutoff.
(VI) Secret Pass.
(VII) Greenhorn cutoff.
(VIII) Central Overland Trail.
(iii) WESTERN ROUTES(I) Bidwell-Bartleson route.
(II) Georgetown/Dagget Pass Trail.
(III) Big Trees Road.
(IV) Grizzly Flat cutoff.
(V) Nevada City Road.
(VI) Yreka Trail.
(VII) Henness Pass route.
(VIII) Johnson cutoff.
(IX) Luther Pass Trail.
(X) Volcano Road.
(XI) Sacramento-Coloma Wagon Road.
(XII) Burnett cutoff.
(XIII) Placer County Road to Auburn.
(6) MORMON PIONEER NATIONAL HISTORIC TRAIL(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the
routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in
the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such
other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of 1 or more of the routes as
components of the Mormon Pioneer National Historic Trail.
(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include
the following:
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(i) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa).
(ii) 1856-57 Handcart route (Iowa City to Council Bluffs).
(iii) Keokuk route (Iowa).
(iv) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska.
(v) Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri
(Oregon and California Trail routes used by Mormon emigrants).
(vi) 1850 Golden Pass Road in Utah.
(7) SHARED CALIFORNIA AND OREGON TRAIL ROUTES(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the
shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and
generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated
1991/1993, and of such other shared routes that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of 1 or more of the routes as
shared components of the California National Historic Trail and the Oregon National
Historic Trail.
(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include
the following:
(i) St. Joe Road.
(ii) Council Bluffs Road.
(iii) Sublette cutoff.
(iv) Applegate route.
(v) Old Fort Kearny Road (Oxbow Trail).
(vi) Childs cutoff.
(vii) Raft River to Applegate.

CONNECTING AND SIDE TRAILS
SEC. 6. [16USC1245] Connecting or side trails within park, forest, and other recreation areas
administered by the Secretary of the Interior or Secretary of Agriculture may be established, designated,
and marked by the appropriate Secretary as components of a national recreation, national scenic or
national historic trail. When no Federal land acquisition is involved, connecting or side trails may be
located across lands administered by interstate, State, or local governmental agencies with their consent,
or, where the appropriate Secretary deems necessary or desirable, on privately owned lands with the
consent of the landowners. Applications for approval and designation of connecting and side trails on
non-Federal lands shall be submitted to the appropriate Secretary.

ADMINISTRATION AND DEVELOPMENT
SEC. 7. [16USC1246] (a) (1) (A) The Secretary charged with the overall administration of a trail
pursuant to section 5(a) shall, in administering and managing the trail, consult with the heads of all other
affected State and Federal agencies. Nothing contained in this Act shall be deemed to transfer among
Federal agencies any management responsibilities established under any other law for federally
administered lands which are components of the National Trails System. Any transfer of management
27

responsibilities may be carried out between the Secretary of the Interior and the Secretary of Agriculture
only as provided under subparagraph (B).
(B) The Secretary charged with the overall administration of any trail pursuant to section
5(a) may transfer management of any specified trail segment of such trail to the other
appropriate Secretary pursuant to a joint memorandum of agreement containing such
terms and conditions as the Secretaries consider most appropriate to accomplish the
purposes of this Act. During any period in which management responsibilities for any
trail segment are transferred under such an agreement, the management of any such
segment shall be subject to the laws, rules, and regulations of the Secretary provided with
the management authority under the agreement except to such extent as the agreement
may otherwise expressly provide.
(2) Pursuant to section 5(a), the appropriate Secretary shall select the rights-of-way for national
scenic and national historic trails and shall publish notice thereof of the availability of appropriate
maps or descriptions in the Federal Register; Provided, That in selecting the rights-of-way full
consideration shall be given to minimizing the adverse effects upon the adjacent landowner or
user and his operation. Development and management of each segment of the National Trails
System shall be designed to harmonize with and complement any established multiple-use plans
for the specific area in order to insure continued maximum benefits from the land. The location
and width of such rights-of-way across Federal lands under the jurisdiction of another Federal
agency shall be by agreement between the head of that agency and the appropriate Secretary. In
selecting rights-of-way for trail purposes, the Secretary shall obtain the advice and assistance of
the States, local governments, private organizations, and landowners and land users concerned.
(b) After publication of notice of the availability of appropriate maps or descriptions in the Federal
Register, the Secretary charged with the administration of a national scenic or national historic trail may
relocate segments of a national scenic or national historic trail right-of-way with the concurrence of the
head of the Federal agency having jurisdiction over the lands involved, upon a determination that: (I)
Such a relocation is necessary to preserve the purposes for which the trail was established, or (ii) the
relocation is necessary to promote a sound land management program in accordance with established
multiple-use principles: Provided, That a substantial relocation of the rights-of-way for such trail shall be
by Act of Congress.
(c) National scenic or national historic trails may contain campsites, shelters, and related-public-use
facilities. Other uses along the trail, which will not substantially interfere with the nature and purposes of
the trail, may be permitted by the Secretary charged with the administration of the trail. Reasonable
efforts shall be made to provide sufficient access opportunities to such trails and, to the extent practicable,
efforts shall be made to avoid activities incompatible with the purposes for which such trails were
established. The use of motorized vehicles by the general public along any national scenic trail shall be
prohibited and nothing in this Act shall be construed as authorizing the use of motorized vehicles within
the natural and historical areas of the national park system, the national wildlife refuge system, the
national wilderness preservation system where they are presently prohibited or on other Federal lands
where trails are designated as being closed to such use by the appropriate Secretary: Provided, That the
Secretary charged with the administration of such trail shall establish regulations which shall authorize
the use of motorized vehicles when, in his judgment, such vehicles are necessary to meet emergencies or
to enable adjacent landowners or land users to have reasonable access to their lands or timber rights:
Provided further, That private lands included in the national recreation, national scenic, or national
historic trails by cooperative agreement of a landowner shall not preclude such owner from using
28

motorized vehicles on or across such trails or adjacent lands from time to time in accordance with
regulations to be established by the appropriate Secretary. Where a national historic trail follows existing
public roads, developed rights-of-way or waterways, and similar features of man's nonhistorically related
development, approximating the original location of a historic route, such segments may be marked to
facilitate retracement of the historic route, and where a national historic trail parallels an existing public
road, such road may be marked to commemorate the historic route. Other uses along the historic trails
and the Continental Divide National Scenic Trail, which will not substantially interfere with the nature
and purposes of the trail, and which, at the time of designation, are allowed by administrative regulations,
including the use of motorized vehicles, shall be permitted by the Secretary charged with administration
of the trail. The Secretary of the Interior and the Secretary of Agriculture, in consultation with
appropriate governmental agencies and public and private organizations, shall establish a uniform marker,
including thereon an appropriate and distinctive symbol for each national recreation, national scenic, and
national historic trail. Where the trails cross lands administered by Federal agencies such markers shall
be erected at appropriate points along the trails and maintained by the Federal agency administering the
trail in accordance with standards established by the appropriate Secretary and where the trails cross
non-Federal lands, in accordance with written cooperative agreements, the appropriate Secretary shall
provide such uniform markers to cooperating agencies and shall require such agencies to erect and
maintain them in accordance with the standards established. The appropriate Secretary may also provide
for trail interpretation sites, which shall be located at historic sites along the route of any national scenic
or national historic trail, in order to present information to the public about the trail, at the lowest possible
cost, with emphasis on the portion of the trail passing through the State in which the site is located.
Wherever possible, the sites shall be maintained by a State agency under a cooperative agreement
between the appropriate Secretary and the State agency.
(d) Within the exterior boundaries of areas under their administration that are included in the right-of-way
selected for a national recreation, national scenic, or national historic trail, the heads of Federal agencies
may use lands for trail purposes and may acquire lands or interests in lands by written cooperative
agreement, donation, purchase with donated or appropriated funds or exchange.
(e) Where the lands included in a national scenic or national historic trail right-of-way are outside of the
exterior boundaries of federally administered areas, the Secretary charged with the administration of such
trail shall encourage the States or local governments involved (1) to enter into written cooperative
agreements with landowners, private organizations, and individuals to provide the necessary trail
right-of-way, or (2) to acquire such lands or interests therein to be utilized as segments of the national
scenic or national historic trail: Provided, That if the State or local governments fail to enter into such
written cooperative agreements or to acquire such lands or interests therein after notice of the selection of
the right-of-way is published, the appropriate Secretary, may (i) enter into such agreements with
landowners, States, local governments, private organizations, and individuals for the use of lands for trail
purposes, or (ii) acquire private lands or interests therein by donation, purchase with donated or
appropriated funds or exchange in accordance with the provisions of subsection (f) of this section:
Provided further, That the appropriate Secretary may acquire lands or interests therein from local
governments or governmental corporations with the consent of such entities. The lands involved in such
rights-of-way should be acquired in fee, if other methods of public control are not sufficient to assure
their use for the purpose for which they are acquired: Provided, That if the Secretary charged with the
administration of such trail permanently relocates the right-of-way and disposes of all title or interest in
the land, the original owner, or his heirs or assigns, shall be offered, by notice given at the former owner's
last known address, the right of first refusal at the fair market price.
(f)

(1) The Secretary of the Interior, in the exercise of his exchange authority, may accept title to any
29

non-Federal property within the right-of-way and in exchange therefor he may convey to the
grantor of such property any federally owned property under his jurisdiction which is located in
the State wherein such property is located and which he classifies as suitable for exchange or
other disposal. The values of the properties so exchanged either shall be approximately equal, or
if they are not approximately equal the values shall be equalized by the payment of cash to the
grantor or to the Secretary as the circumstances require. The Secretary of Agriculture, in the
exercise of his exchange authority, may utilize authorities and procedures available to him in
connection with exchanges of national forest lands.
(2) In acquiring lands or interests therein for a National Scenic or Historic Trail, the appropriate
Secretary may, with consent of a landowner, acquire whole tracts notwithstanding that parts of
such tracts may lie outside the area of trail acquisition. In furtherance of the purposes of this act,
lands so acquired outside the area of trail acquisition may be exchanged for any non-Federal
lands or interests therein within the trail right-of-way, or disposed of in accordance with such
procedures or regulations as the appropriate Secretary shall prescribe, including: (i) provisions
for conveyance of such acquired lands or interests therein at not less than fair market value to the
highest bidder, and (ii) provisions for allowing the last owners of record a right to purchase said
acquired lands or interests therein upon payment or agreement to pay an amount equal to the
highest bid price. For lands designated for exchange or disposal, the appropriate Secretary may
convey these lands with any reservations or covenants deemed desirable to further the purposes of
this Act. The proceeds from any disposal shall be credited to the appropriation bearing the costs
of land acquisition for the affected trail.
(g) The appropriate Secretary may utilize condemnation proceedings without the consent of the owner to
acquire private lands or interests, therein pursuant to this section only in cases where, in his judgment, all
reasonable efforts to acquire such lands or interest therein by negotiation have failed, and in such cases he
shall acquire only such title as, in his judgment, is reasonably necessary to provide passage across such
lands: Provided, That condemnation proceedings may not be utilized to acquire fee title or lesser interests
to more than an average of one hundred and twenty-five acres per mile. Money appropriated for Federal
purposes from the land and water conservation fund shall, without prejudice to appropriations from other
sources, be available to Federal departments for the acquisition of lands or interests in lands for the
purposes of this Act. For national historic trails, direct Federal acquisition for trail purposes shall be
limited to those areas indicated by the study report or by the comprehensive plan as high potential route
segments or high potential historic sites. Except for designated protected components of the trail, no land
or site located along a designated national historic trail or along the Continental Divide National Scenic
Trail shall be subject to the provisions of section 4(f) of the Department of Transportation Act (49 U.S.C.
1653(f)) unless such land or site is deemed to be of historical significance under appropriate historical site
criteria such as those for the National Register of Historic Places.
(h)

(1) The Secretary charged with the administration of a national recreation, national scenic, or
national historic trail shall provide for the development and maintenance of such trails within
federally administered areas, and shall cooperate with and encourage the States to operate,
develop, and maintain portions of such trails which are located outside the boundaries of federally
administered areas. When deemed to be in the public interest, such Secretary may enter written
cooperative agreements with the States or their political subdivisions, landowners, private
organizations, or individuals to operate, develop, and maintain any portion of such a trail either
within or outside a federally administered area. Such agreements may include provisions for
limited financial assistance to encourage participation in the acquisition, protection, operation,
development, or maintenance of such trails, provisions providing volunteer in the park or
30

volunteer in the forest status (in accordance with the Volunteers in the Parks Act of 1969 and the
Volunteers in the Forests Act of 1972) to individuals, private organizations, or landowners
participating in such activities, or provisions of both types. The appropriate Secretary shall also
initiate consultations with affected States and their political subdivisions to encourage –
(A) the development and implementation by such entities of appropriate measures to
protect private landowners from trespass resulting from trail use and from unreasonable
personal liability and property damage caused by trail use, and
(B) the development and implementation by such entities of provisions for land practices
compatible with the purposes of this Act, for property within or adjacent to trail
rights-of-way. After consulting with States and their political subdivisions under the
preceding sentence, the Secretary may provide assistance to such entities under
appropriate cooperative agreements in the manner provided by this subsection.
(2) Whenever the Secretary of the Interior makes any conveyance of land under any of the public
land laws, he may reserve a right-of-way for trails to the extent he deems necessary to carry out
the purposes of this Act.
(i) The appropriate Secretary, with the concurrence of the heads of any other Federal agencies
administering lands through which a national recreation, national scenic, or national historic trail passes,
and after consultation with the States, local governments, and organizations concerned, may issue
regulations, which may be revised from time to time, governing the use, protection, management,
development, and administration of trails of the national trails system. In order to maintain good conduct
on and along the trails located within federally administered areas and to provide for the proper
government and protection of such trails, the Secretary of the Interior and the Secretary of Agriculture
shall prescribe and publish such uniform regulations as they deem necessary and any person who violates
such regulations shall be guilty of a misdemeanor, and may be punished by a fine of not more $500 or by
imprisonment not exceeding six months, or by both such fine and imprisonment. The Secretary
responsible for the administration of any segment of any component of the National Trails System (as
determined in a manner consistent with subsection (a)(1) of this section) may also utilize authorities
related to units of the national park system or the national forest system, as the case may be, in carrying
out his administrative responsibilities for such component.
(j) Potential trail uses allowed on designated components of the national trails system may include, but
are not limited to, the following: bicycling, cross-country skiing, day hiking, equestrian activities, jogging
or similar fitness activities, trail biking, overnight and long-distance backpacking, snowmobiling, and
surface water and underwater activities. Vehicles which may be permitted on certain trails may include,
but need not be limited to, motorcycles, bicycles, four-wheel drive or all-terrain off-road vehicles. In
addition, trail access for handicapped individuals may be provided. The provisions of this subsection
shall not supersede any other provisions of this Act or other Federal laws, or any State or local laws.
(k) For the conservation purpose of preserving or enhancing the recreational, scenic, natural, or historical
values of components of the national trails system, and environs thereof as determined by the appropriate
Secretary, landowners are authorized to donate or otherwise convey qualified real property interests to
qualified organizations consistent with section 170(h)(3) of the Internal Revenue Code of 1954, including,
but not limited to, right-of-way, open space, scenic, or conservation easements, without regard to any
limitation on the nature of the estate or interest otherwise transferable within the jurisdiction where the
land is located. The conveyance of any such interest in land in accordance with this subsection shall be
31

deemed to further a Federal conservation policy and yield a significant public benefit for purposes of
section 6 of Public Law 96-541.

STATE AND METROPOLITAN AREA TRAILS
SEC. 8. [16USC1247] (a) The Secretary of the Interior is directed to encourage States to consider, in
their comprehensive statewide outdoor recreation plans and proposals for financial assistance for State
and local projects submitted pursuant to the Land and Water Conservation Fund Act, needs and
opportunities for establishing park, forest, and other recreation and historic trails on lands owned or
administered by States, and recreation and historic trails on lands in or near urban areas. The Secretary is
also directed to encourage States to consider, in their comprehensive statewide historic preservation plans
and proposals for financial assistance for State, local, and private projects submitted pursuant to the Act
of October 15, 1966 (80 Stat. 915), as amended, needs and opportunities for establishing historic trails.
He is further directed in accordance with the authority contained in the Act of May 28, 1963 (77 Stat. 49),
to encourage States, political subdivisions, and private interests, including nonprofit organizations, to
establish such trails.
(b) The Secretary of Housing and Urban Development is directed, in administering the program of
comprehensive urban planning and assistance under section 701 of the Housing Act of 1954, to encourage
the planning of recreation trails in connection with the recreation and transportation planning for
metropolitan and other urban areas. He is further directed, in administering the urban open space program
under title VII of the Housing Act of 1961, to encourage such recreation trails.
(c) The Secretary of Agriculture is directed, in accordance with authority vested in him, to encourage
States and local agencies and private interests to establish such trails.
(d) The Secretary of Transportation, the Chairman of the Interstate Commerce Commission, and the
Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of
1976, shall encourage State and local agencies and private interests to establish appropriate trails using
the provisions of such programs. Consistent with the purposes of that Act, and in furtherance of the
national policy to preserve established railroad rights-of-way for future reactivation of rail service, to
protect rail transportation corridors, and to encourage energy efficient transportation use, in the case of
interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or
otherwise in a manner consistent with the National Trails System Act, if such interim use is subject to
restoration or reconstruction for railroad purposes, such interim use shall not be treated, for purposes of
any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes. If a
State, political subdivision, or qualified private organization is prepared to assume full responsibility for
management of such rights-of-way and for any legal liability arising out of such transfer or use, and for
the payment of any and all taxes that may be levied or assessed against such rights-of-way, then the
Commission shall impose such terms and conditions as a requirement of any transfer or conveyance for
interim use in a manner consistent with this Act, and shall not permit abandonment or discontinuance
inconsistent or disruptive of such use.
(e) Such trails may be designated and suitably marked as parts of the nationwide system of trails by the
States, their political subdivisions, or other appropriate administering agencies with the approval of the
Secretary of the Interior.

32

RIGHTS-OF-WAY AND OTHER PROPERTIES
SEC. 9. [16USC1248] (a) The Secretary of the Interior or the Secretary of Agriculture as the case may
be, may grant easements and rights-of-way upon, over, under, across, or along any component of the
national trails system in accordance with the laws applicable to the national park system and the national
forest system, respectively: Provided, That any conditions contained in such easements and rights-of-way
shall be related to the policy and purposes of this Act.
(b) The Department of Defense, the Department of Transportation, the Interstate Commerce Commission,
the Federal Communications Commission, the Federal Power Commission, and other Federal agencies
having jurisdiction or control over or information concerning the use, abandonment, or disposition of
roadways, utility rights-of-way, or other properties which may be suitable for the purpose of improving or
expanding the national trails system shall cooperate with the Secretary of the Interior and the Secretary of
Agriculture in order to assure, to the extent practicable, that any such properties having values suitable for
trail purposes may be made available for such use.
(c) Commencing upon the date of enactment of this subsection, any and all right, title, interest, and estate
of the United States in all rights-of-way of the type described in the Act of March 8, 1922 (43 U.S.C.
912), shall remain in the United States upon the abandonment or forfeiture of such rights-of-way, or
portions thereof, except to the extent that any such right-of-way, or portion thereof, is embraced within a
public highway no later than one year after a determination of abandonment or forfeiture, as provided
under such Act.
(d)

(1) All rights-of-way, or portions thereof, retained by the United States pursuant to subsection (c)
which are located within the boundaries of a conservation system unit or a National Forest shall
be added to and incorporated within such unit or National Forest and managed in accordance with
applicable provisions of law, including this Act.
(2) All such retained rights-of-way, or portions thereof, which are located outside the boundaries
of a conservation system unit or a National Forest but adjacent to or contiguous with any portion
of the public lands shall be managed pursuant to the Federal Land Policy and Management Act of
1976 and other applicable law, including this section.
(3) All such retained rights-of-way, or portions thereof, which are located outside the boundaries
of a conservation system unit or National Forest which the Secretary of the Interior determines
suitable for use as a public recreational trail or other recreational purposes shall be managed by
the Secretary for such uses, as well as for such other uses as the Secretary determines to be
appropriate pursuant to applicable laws, as long as such uses do not preclude trail use.

(e)

(1) The Secretary of the Interior is authorized where appropriate to release and quitclaim to a unit
of government or to another entity meeting the requirements of this subsection any and all right,
title, and interest in the surface estate of any portion of any right-of-way to the extent any such
right, title, and interest was retained by the United States pursuant to subsection (c), if such
portion is not located within the boundaries of any conservation system unit or National Forest.
Such release and quitclaim shall be made only in response to an application therefor by a unit of
State or local government or another entity which the Secretary of the Interior determines to be
legally and financially qualified to manage the relevant portion for public recreational purposes.
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Upon receipt of such an application, the Secretary shall publish a notice concerning such
application in a newspaper of general circulation in the area where the relevant portion is located.
Such release and quitclaim shall be on the following conditions:
(A) If such unit or entity attempts to sell, convey, or otherwise transfer such right, title, or
interest or attempts to permit the use of any part of such portion for any purpose
incompatible with its use for public recreation, then any and all right, title, and interest
released and quitclaimed by the Secretary pursuant to this subsection shall revert to the
United States.
(B) Such unit or entity shall assume full responsibility and hold the United States
harmless for any legal liability which might arise with respect to the transfer, possession,
use, release, or quitclaim of such right-of-way.
(C) Notwithstanding any other provision of law, the United States shall be under no duty
to inspect such portion prior to such release and quitclaim, and shall incur no legal
liability with respect to any hazard or any unsafe condition existing on such portion at the
time of such release and quitclaim.
(2) The Secretary is authorized to sell any portion of a right-of-way retained by the United States
pursuant to subsection (c) located outside the boundaries of a conservation system unit or
National Forest if any such portion is -(A) not adjacent to or contiguous with any portion of the public lands; or
(B) determined by the Secretary, pursuant to the disposal criteria established by section
203 of the Federal Land Policy and Management Act of 1976, to be suitable for sale.
Prior to conducting any such sale, the Secretary shall take appropriate steps to afford a unit of
State or local government or any other entity an opportunity to seek to obtain such portion
pursuant to paragraph (1) of this subsection.
(3) All proceeds from sales of such retained rights of way shall be deposited into the Treasury of
the United States and credited to the Land and Water Conservation Fund as provided in section 2
of the Land and Water Conservation Fund Act of 1965.
(4) The Secretary of the Interior shall annually report to the Congress the total proceeds from
sales under paragraph (2) during the preceding fiscal year. Such report shall be included in the
President's annual budget submitted to the Congress.
(f) As used in this section -(1) The term "conservation system unit" has the same meaning given such term in the Alaska
National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.), except that
such term shall also include units outside Alaska.
(2) The term "public lands" has the same meaning given such term in the Federal Land Policy and
Management Act of 1976.

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AUTHORIZATION OF APPROPRIATIONS
SEC. 10. [16USC1249] (a) (1) There are hereby authorized to be appropriated for the acquisition of
lands or interests in lands not more than $5,000,000 for the Appalachian National Scenic Trail
and not more than $500,000 for the Pacific Crest National Scenic Trail. From the appropriations
authorized for fiscal year 1979 and succeeding fiscal years pursuant to the Land and Water
Conservation Fund Act (78 Stat. 897), as amended, not more than the following amounts may be
expended for the acquisition of lands and interests in lands authorized to be acquired pursuant to
the provisions of this Act: for the Appalachian National Scenic Trail, not to exceed $30,000,000
for fiscal year 1979, $30,000,000 for fiscal year 1980, and $30,000,000 for fiscal year 1981,
except that the difference between the foregoing amounts and the actual appropriations in any one
fiscal year shall be available for appropriation in subsequent fiscal years.
(2) It is the express intent of the Congress that the Secretary should substantially complete the
land acquisition program necessary to insure the protection of the Appalachian Trail within three
complete fiscal years following the date of enactment of this sentence.
(b) For the purposes of Public Law 95-42 (91 Stat. 211), the lands and interests therein acquired pursuant
to this section shall be deemed to qualify for funding under the provisions of section 1, clause 2, of said
Act.
(c) Authorization of Appropriations(1) IN GENERAL- Except as otherwise provided in this Act, there are authorized to be
appropriated such sums as are necessary to implement the provisions of this Act relating to the
trails designated by section 5(a).
(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL(A) IN GENERAL- With respect to the Natchez Trace National Scenic Trail (referred to
in this paragraph as the `trail') designated by section 5(a)(12)—
(i) not more than $500,000 shall be appropriated for the acquisition of land or
interests in land for the trail; and
(ii) not more than $2,000,000 shall be appropriated for the development of the
trail.
(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS- The administering agency
for the trail shall encourage volunteer trail groups to participate in the development of the
trail.

VOLUNTEER TRAILS ASSISTANCE
SEC. 11. [16USC1250] (a)
(1) In addition to the cooperative agreement and other authorities
contained in this Act, the Secretary of the Interior, the Secretary of Agriculture, and the head of
any Federal agency administering Federal lands, are authorized to encourage volunteers and
volunteer organizations to plan, develop, maintain, and manage, where appropriate, trails
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throughout the Nation.
(2) Wherever appropriate in furtherance of the purposes of this Act, the Secretaries are authorized
and encouraged to utilize the Volunteers in the Parks Act of 1969, the Volunteers in the Forests
Act of 1972, and section 6 of the Land and Water Conservation Fund Act of 1965 (relating to the
development of Statewide Comprehensive Outdoor Recreation Plans).
(b) Each Secretary or the head of any Federal land managing agency, may assist volunteers and
volunteers organizations in planning, developing, maintaining, and managing trails. Volunteer work may
include, but need not be limited to—
(1) planning, developing, maintaining, or managing (A) trails which are components of the
national trails system, or (B) trails which, if so developed and maintained, could qualify for
designation as components of the national trails system; or
(2) operating programs to organize and supervise volunteer trail building efforts with respect to
the trails referred to in paragraph (1), conducting trail-related research projects, or providing
education and training to volunteers on methods of trails planning, construction, and
maintenance.
(c) The appropriate Secretary or the head of any Federal land managing agency may utilize and to make
available Federal facilities, equipment, tools, and technical assistance to volunteers and volunteer
organizations, subject to such limitations and restrictions as the appropriate Secretary or the head of any
Federal land managing agency deems necessary or desirable.

DEFINITIONS
SEC. 12. [16USC1251] As used in this Act:
(1) The term "high potential historic sites" means those historic sites related to the route, or sites
in close proximity thereto, which provide opportunity to interpret the historic significance of the
trail during the period of its major use. Criteria for consideration as high potential sites include
historic significance, presence of visible historic remnants, scenic quality, and relative freedom
from intrusion.
(2) The term "high potential route segments" means those segments of a trail which would afford
high quality recreation experience in a portion of the route having greater than average scenic
values or affording an opportunity to vicariously share the experience of the original users of a
historic route.
(3) The term "State" means each of the several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or
possession of the United States.
(4) The term "without expense to the United States" means that no funds may be expended by
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Federal agencies for the development of trail related facilities or for the acquisition of lands or
interest in lands outside the exterior boundaries of Federal areas. For the purposes of the
preceding sentence, amounts made available to any State or political subdivision under the Land
and Water Conservation Fund Act of 1965 or any other provision of law shall not be treated as an
expense to the United States.

END

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