Recreational Trails Program Legislation

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Authorization of Appropriations
Apportionments
Recreational Trails Program
Other Related Legislation

Other Related FHWA Legislation

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

IN GENERAL.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
1. RECREATIONAL TRAILS PROGRAM.--For the recreational trails program under section 206 of title 23, United States Code--
  1. $60,000,000 for fiscal year 2005;
  2. $70,000,000 for fiscal year 2006;
  3. $75,000,000 for fiscal year 2007;
  4. $80,000,000 for fiscal year 2008; and
  5. $85,000,000 for fiscal year 2009.

Codified in Title 23 United States Code (23 U.S.C.)

§104. Apportionment

RECREATIONAL TRAILS PROGRAM.--
1. ADMINISTRATIVE COSTS.--Before apportioning sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009. The Secretary may enter into contracts with for-profit organizations or contracts, partnerships, or cooperative agreements with other government agencies, institutions of higher learning, or nonprofit organizations to perform these tasks.
2. APPORTIONMENT TO THE STATES.--After making the deduction authorized by paragraph (1) of this subsection, the Secretary shall apportion the remainder of the sums authorized to be appropriated for expenditure on the recreational trails program for each fiscal year, among the States in the following manner:
  1. 50 percent of that amount shall be apportioned equally among eligible States.
  2. 50 percent of that amount shall be apportioned among eligible States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year.
    1. ELIGIBLE STATE DEFINED.--In this section, the term "eligible State" means a State that meets the requirements of section 206(c).

§206. Recreational trails program

DEFINITIONS.--In this section, the following definitions apply:
1. MOTORIZED RECREATION.--The term "motorized recreation"means off road recreation using any motor-powered vehicle, except for a motorized wheelchair.
2. RECREATIONAL TRAIL.--The term "recreational trail" means a thoroughfare or track across land or snow, used for recreational purposes such as--
  1. pedestrian activities, including wheelchair use;
  2. skating or skateboarding;
  3. equestrian activities, including carriage driving;
  4. nonmotorized snow trail activities, including skiing;
  5. bicycling or use of other human powered vehicles;
  6. aquatic or water activities; and
  7. motorized vehicular activities, including all terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off road motorized vehicles.
PROGRAM.--In accordance with this section, the Secretary, in consultation with the Secretary of the Interior and the Secretary of Agriculture, shall carry out a program to provide and maintain recreational trails.
STATE RESPONSIBILITIES.--To be eligible for apportionments under this section--
1. the Governor of the State shall designate the State agency or agencies that will be responsible for administering apportionments made to the State under this section; and
2. the State shall establish a State recreational trail advisory committee that represents both motorized and nonmotorized recreational trail users, which shall meet not less often than once per fiscal year.
USE OF APPORTIONED FUNDS.--
1. IN GENERAL.--Funds apportioned to a State to carry out this section shall be obligated for recreational trails and related projects that--
  1. have been planned and developed under the laws, policies, and administrative procedures of the State; and
  2. are identified in, or further a specific goal of, a recreational trail plan, or a statewide comprehensive outdoor recreation plan required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), that is in effect.
2. PERMISSIBLE USES.--Permissible uses of funds apportioned to a State for a fiscal year to carry out this section include--
  1. maintenance and restoration of existing recreational trails;
  2. development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails;
  3. purchase and lease of recreational trail construction and maintenance equipment;
  4. construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be--
    1. permissible under other law;
    2. necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) and that is in effect;
    3. approved by the administering agency of the State designated under subsection (c)(1); and
    4. approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
  5. acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors;
  6. assessment of trail conditions for accessibility and maintenance;
  7. development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to one or more of the use of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and
  8. payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal year.
3. USE OF APPORTIONMENTS.--
  1. IN GENERAL.--Except as provided in subparagraphs (B) and (C), of the apportionments made to a State for a fiscal year to carry out this section--
    1. 40 percent shall be used for recreational trail or related projects that facilitate diverse recreational trail use within a recreational trail corridor, trailside, or trailhead, regardless of whether the project is for diverse motorized use, for diverse nonmotorized use, or to accommodate both motorized and nonmotorized recreational trail use;
    2. 30 percent shall be used for uses relating to motorized recreation; and
    3. 30 percent shall be used for uses relating to nonmotorized recreation.
  2. SMALL STATE EXCLUSION.--Any State with a total land area of less than 3,500,000 acres shall be exempt from the requirements of clauses (ii) and (iii) of subparagraph (A).
  3. STATE ADMINISTRATIVE COSTS.--State administrative costs eligible for funding under paragraph (2)(H) shall be exempt from the requirements of subparagraph (A).
4. GRANTS.--
  1. IN GENERAL.--A State may use funds apportioned to the State to carry out this section to make grants to private organizations, municipal, county, State, and Federal government entities, and other government entities as approved by the State after considering guidance from the State recreational trail advisory committee established under subsection (c)(2), for uses consistent with this section.
  2. COMPLIANCE.--A State that makes grants under subparagraph (A) shall establish measures to verify that recipients of the grants comply with the conditions of the program for the use of grant funds.
ENVIRONMENTAL BENEFIT OR MITIGATION.--To the extent practicable and consistent with the other requirements of this section, a State should give consideration to project proposals that provide for the redesign, reconstruction, nonroutine maintenance, or relocation of recreational trails to benefit the natural environment or to mitigate and minimize the impact to the natural environment.
FEDERAL SHARE.--
1. IN GENERAL.--Subject to the other provisions of this subsection, the Federal share of the cost of a project and the Federal share of the administrative costs of a State under this section shall be determined in accordance with section 120(b).¹
2. FEDERAL AGENCY PROJECT SPONSOR.--Notwithstanding any other provision of law, a Federal agency that sponsors a project under this section may contribute additional Federal funds toward the cost of a project, except that--
  1. the share attributable to the Secretary of Transportation may not exceed the amount determined in accordance with section 120(b) for the cost of a project under this section; and
  2. the share attributable to the Secretary and the Federal agency sponsoring the project may not exceed 95 percent of the cost of a project under this section.
3. USE OF FUNDS FROM FEDERAL PROGRAMS TO PROVIDE NON FEDERAL SHARE.--Notwithstanding any other provision of law, the non Federal share of the cost of the project may include amounts made available by the Federal Government under any Federal program that are--
  1. expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
  2. expended on a project that is eligible for assistance under this section.
4. USE OF RECREATIONAL TRAILS PROGRAM FUNDS TO MATCH OTHER FEDERAL PROGRAM FUNDS.--Notwithstanding any other provision of law, funds made available under this section may be used toward the non-Federal matching share for other Federal program funds that are-
  1. expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
  2. expended on a project that is eligible for assistance under this section.
5. PROGRAMMATIC NON FEDERAL SHARE.--A State may allow adjustments to the non-Federal share of an individual project for a fiscal year under this section if the Federal share of the cost of all projects carried out by the State under the program (excluding projects funded under paragraph (2) or (3)) using funds apportioned to the State for the fiscal year does not exceed the Federal share as determined in accordance with section 120(b).
USES NOT PERMITTED.--A State may not obligate funds apportioned to carry out this section for--
1. condemnation of any kind of interest in property;
2. construction of any recreational trail on National Forest System land for any motorized use unless--
  1. the land has been designated for uses other than wilderness by an approved forest land and resource management plan or has been released to uses other than wilderness by an Act of Congress; and
  2. the construction is otherwise consistent with the management direction in the approved forest land and resource management plan;
3. construction of any recreational trail on Bureau of Land Management land for any motorized use unless the land--
  1. has been designated for uses other than wilderness by an approved Bureau of Land Management resource management plan or has been released to uses other than wilderness by an Act of Congress; and
  2. the construction is otherwise consistent with the management direction in the approved management plan; or
4. upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used by nonmotorized recreational trail users and on which, as of May 1, 1991, motorized use was prohibited or had not occurred.
PROJECT ADMINISTRATION.--
1. CREDIT FOR DONATIONS OF FUNDS, MATERIALS, SERVICES, OR NEW RIGHT-OF-WAY.--
  1. IN GENERAL.--Nothing in this title or other law shall prevent a project sponsor from offering to donate funds, materials, services, or a new right of way for the purposes of a project eligible for assistance under this section. Any funds, or the fair market value of any materials, services, or new right of way, may be donated by any project sponsor and shall be credited to the non Federal share in accordance with subsection (f).
  2. Federal project sponsors.--Any funds or the fair market value of any materials or services may be provided by a Federal project sponsor and shall be credited to the Federal agency's share in accordance with subsection (f).
  3. PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS INCURRED PRIOR TO PROJECT APPROVAL.--The Secretary may allow preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described in subsection (d)(2) (other than subparagraph (H)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval.
2. RECREATIONAL PURPOSE.--A project funded under this section is intended to enhance recreational opportunity and is not subject to section 138 of this title or section 303 of title 49.
3. CONTINUING RECREATIONAL USE.--At the option of each State, funds apportioned to the State to carry out this section may be treated as Land and Water Conservation Fund apportionments for the purposes of section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
4. COOPERATION BY PRIVATE PERSONS.--
  1. WRITTEN ASSURANCES.--As a condition of making available apportionments for work on recreational trails that would affect privately owned land, a State shall obtain written assurances that the owner of the land will cooperate with the State and participate as necessary in the activities to be conducted.
  2. PUBLIC ACCESS.--Any use of the apportionments to a State to carry out this section on privately owned land must be accompanied by an easement or other legally binding agreement that ensures public access to the recreational trail improvements funded by the apportionments.
CONTRACT AUTHORITY.--Funds authorized to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1, except that the Federal share of the cost of a project under this section shall be determined in accordance with this section.

Other Related Legislation

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

SEC. 1109(f). RECREATIONAL TRAILS PROGRAM.

ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.--The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code.

Transportation Equity Act for the 21st Century (TEA-21)

SEC. 1112. RECREATIONAL TRAILS PROGRAM.

IN GENERAL.--Chapter 2 of title 23, United States Code, is amended by inserting after section 205 the following: [See 23 U.S.C. 206 above]
CONFORMING AMENDMENT.--The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 206 and inserting the following: "206. Recreational trails program.".
REPEAL OF OBSOLETE PROVISION.--Section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is repealed.
TERMINATION OF ADVISORY COMMITTEE.--Section 1303 of such Act (16 U.S.C. 1262) is amended by adding at the end the following:
1. "TERMINATION.--The advisory committee established by this section shall terminate on September 30, 2000.".
ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.--The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code.

SAFETEA-LU Technical Corrections Act of 2008.

Sec. 101(q). Correction of Recreational Trails Program Apportionment Exceptions.--Section 206(d)(3)(A) of title 23, United States Code, is amended by striking "(B), (C), and (D)" and inserting "(B) and (C)".

Obsolete Legislation

SEC. 911. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.

IN GENERAL.--Section 9511 (relating to National Recreational Trails Trust Fund) is repealed.
CONFORMING AMENDMENTS.--
1. Section 9503(c) is amended by striking paragraph (6).
2. Subparagraph (D) of section 9503(b)(4) is amended to read as follows:
  "(D) in the case of gasoline and special motor fuels used as described in paragraph (4)(D) or (5)(B) of subsection (c), section 4041 or 4081 with respect to so much of the rate of tax as exceeds 11.5 cents per gallon,".
3. The table of sections for subchapter A of chapter 98 is amended by striking the item relating to section 9511.

This section eliminated the National Recreational Trails Trust Fund. The separate Trust Fund was not necessary, because the Recreational Trails Program receives funds directly from the Federal Highway Trust Fund. Conforming amendment (b)(2) is unrelated to Recreational Trails.

Historical legislation no longer in effect

National Recreational Trails Fund Act Part B of the Intermodal Surface Transportation Efficiency Act of 1991
16 U.S.C. 1261-1262
As amended in the National Highway System Designation Act of 1995
and the Transportation Equity Act for the 21st Century of 1998

This part may be cited as the "Symms National Recreational Trails Act of 1991".

§1261. [Repealed]
[The original National Recreational Trails Funding Program, Section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is repealed.]

§1262. NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE.

ESTABLISHMENT.--There is established the National Recreational Trails Advisory Committee.
MEMBERS.--There shall be 12 members of the advisory committee, consisting of--
1. 8 members appointed by the Secretary from nominations submitted by recreational trail user organizations, one each representing the following recreational trail uses:
  1. hiking,
  2. cross country skiing,
  3. off highway motorcycling,
  4. snowmobiling,
  5. horseback riding,
  6. all terrain vehicle riding,
  7. bicycling, and
  8. four wheel driving;
2. 1 member appointed by the Secretary representing individuals with disabilities;
3. an appropriate official of government with a background in science or natural resources management, including any official of State or local government, designated by the Secretary;
4. 1 member appointed by the Secretary from nominations submitted by water trail user organizations; and
5. 1 member appointed by the Secretary from nominations submitted by hunting and fishing enthusiast organizations.
CHAIRMAN.--The Chair of the advisory committee shall be the government official referenced in subsection (b)(3), who shall serve as a non voting member.
SUPPORT FOR COMMITTEE ACTION.--Any action, recommendation, or policy of the advisory committee must be supported by at least five of the members appointed under subsection (b)(1).
TERMS.--Members of the advisory committee appointed by the Secretary shall be appointed for terms of three years, except that the members filling five of the eleven positions shall be initially appointed for terms of two years, with subsequent appointments to those positions extending for terms of three years.
DUTIES.--The advisory committee shall meet at least twice annually to--
1. review utilization of allocated moneys by States;
2. establish and review criteria for trail side and trail head facilities that qualify for funding under this part; and
3. make recommendations to the Secretary for changes in Federal policy to advance the purposes of this part.
ANNUAL REPORT.--The advisory committee shall present to the Secretary an annual report on its activities.
REIMBURSEMENT FOR EXPENSES.--Nongovernmental members of the advisory committee shall serve without pay, but, to the extent funds are available pursuant to section 1302(d)(1)(B), shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.
REPORT TO CONGRESS.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a study which summarizes the annual reports of the National Recreational Trails Advisory Committee, describes the allocation and utilization of moneys under this part, and contains recommendations for changes in Federal policy to advance the purposes of this part.
TERMINATION.--The advisory committee established by this section shall terminate on September 30, 2000.

[1] FHWA Notice N 4540.12 provides information about the Federal share for each State.

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