16 U.S.C. § 1244 : US Code - Section 1244: National scenic and national historic trails

Search 16 U.S.C. § 1244 : US Code - Section 1244: National scenic and national historic trails

(a) Establishment and designation; administration
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 October 2, 1968,
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.
(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.
(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
approximately 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 1246(c) of
this title, 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.
(6) The Lewis and Clark National Historic Trail, a trail of
approximately three thousand seven hundred miles, extending from
Wood River, Illinois, to the mouth of the Columbia River in Oregon,
following the outbound and inbound routes of the Lewis and Clark
Expedition depicted on maps identified as, "Vicinity Map, Lewis and
Clark Trail" study report dated April 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.
(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.
(8) The North Country National Scenic Trail, a trail of
approximately thirty-two hundred miles, extending from eastern New
York State to the vicinity of Lake Sakakawea in North Dakota,
following the approximate route depicted on the map identified as
"Proposed North Country Trail-Vicinity Map" in the Department of
the Interior "North Country Trail Report", dated June 1975. 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.
(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 subsection (d) of this
section. 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 subsection (e) of this section.
Notwithstanding the provisions of section 1246(c) of this title,
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.
(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. No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the Potomac Heritage Trail.
The Secretary of the Interior 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
chapter and are administered by such agencies without expense to
the United States. The trail shall be administered by the Secretary
of the Interior.
(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 chapter 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. No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired by
the Federal Government for the Nez Perce National Historic Trail.
The Secretary of Agriculture may designate lands outside of
federally administered areas as segments of the trail upon
application from the States or local governmental agencies involved
if such segments meet the criteria established in this chapter and
are administered by such agencies without expense to the United
States. 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.
(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 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 subsections
(!1) 1244(f) and 1246(c) of this title, 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.
(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, of approximately
1,200 miles through Arizona and California, as generally described
in the report of the Department of the Interior prepared pursuant
to subsection (b) of this section 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 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 Juan Bautista de Anza
National Historic Trail without the consent of the owner thereof.
In implementing this paragraph, the Secretary shall encourage
volunteer 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.
(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 of 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 chapter, including section
1246(h) of this title. 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. -
(A) El Camino Real de Tierra Adentro (the Royal Road of the
Interior) National Historic Trail, a 404 mile long trail from the
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) of this section 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 acquisition. - 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 trail 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 educational 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 'Upolu
Point on the north tip of Hawaii Island down the west coast of
the Island around Ka Lae to the east boundary of Hawai'i
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) of this section 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 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; 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, Texas-Louisiana", 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.
(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 1242(a)(3) of this title. 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.
(b) Additional national scenic or national historic trails;
feasibility studies; consultations; submission of studies to
Congress; scope of studies; qualifications for national historic
trail designation
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 November 10, 1978,
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 interests 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 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 variation 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 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) Routes subject to consideration for designation as national
scenic trails
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, 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. Augustine
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 Everglades 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 long, 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;
(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 Coconino National
Forests in Arizona: Provided, That 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
August 28, 1984. 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 December 11,
1987.
(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 July 3, 1990.
(34) American Discovery Trail, extending from Pt. Reyes,
California, across the United States through Nevada, Utah,
Colorado, Kansas, Nebraska, Missouri, Iowa, Illinois, Indiana,
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 Hawai'i
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 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) of
this section and shall include -
(A) the current status of land ownership and current and
potential use along the designated route;
(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 diversions 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 for 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 western
Massachusetts on the Metacomet-Monadnock Trail, across central
Connecticut on the Metacomet Trail and the Mattabesett Trail, and
ending at Long Island Sound.
(42) The Long Walk Trail, 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.
(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 1267
of title 33.
(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.
(d) Trail advisory councils; establishment and termination; term
and compensation; membership; chairman
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 November 10, 1978, 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) Comprehensive national scenic trail plan; consultation;
submission to Congressional committees
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 November 10, 1978, 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 subsection (d) of this section, and the
Appalachian Trail Conference in the case of the Appalachian Trail,
submit to the Committee on Natural Resources 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
trails), details of 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) Comprehensive national historic trail plan; consultation;
submission to Congressional committees
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 subsection (d) of
this section, submit to the Committee on Natural Resources 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 1246(c)
of this title;
(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.