Notes on 16 U.S.C. § 1244 : US Code - Notes

Search Notes on 16 U.S.C. § 1244 : US Code - Notes

(Pub. L. 90-543, Sec. 5, Oct. 2, 1968, 82 Stat. 920; Pub. L. 94-
527, Oct. 17, 1976, 90 Stat. 2481; Pub. L. 95-248, Sec. 1(1), (2),
Mar. 21, 1978, 92 Stat. 159; Pub. L. 95-625, title V, Sec. 551 (7)-
(15), Nov. 10, 1978, 92 Stat. 3512-3515; Pub. L. 96-87, title IV,
Sec. 401(m)(1), Oct. 12, 1979, 93 Stat. 666; Pub. L. 96-199, title
I, Sec. 101(b)(1)-(3), Mar. 5, 1980, 94 Stat. 67, 68; Pub. L. 96-
344, Sec. 14, Sept. 8, 1980, 94 Stat. 1136; Pub. L. 96-370, Sec.
1(a), Oct. 3, 1980, 94 Stat. 1360; Pub. L. 98-11, title II, Sec.
205, Mar. 28, 1983, 97 Stat. 43; Pub. L. 98-405, Sec. 1, Aug. 28,
1984, 98 Stat. 1483; Pub. L. 99-445, Sec. 1, Oct. 6, 1986, 100
Stat. 1122; Pub. L. 100-35, Sec. 1(a), May 8, 1987, 101 Stat. 302;
Pub. L. 100-187, Sec. 3, Dec. 11, 1987, 101 Stat. 1287; Pub. L. 100-
192, Sec. 1, Dec. 16, 1987, 101 Stat. 1309; Pub. L. 100-470, Sec.
4, Oct. 4, 1988, 102 Stat. 2283; Pub. L. 100-559, title II, Sec.
203, Oct. 28, 1988, 102 Stat. 2797; Pub. L. 101-321, Sec. 3, July
3, 1990, 104 Stat. 293; Pub. L. 101-365, Sec. 2(a), Aug. 15, 1990,
104 Stat. 429; Pub. L. 102-328, Sec. 1, Aug. 3, 1992, 106 Stat.
845; Pub. L. 102-461, Oct. 23, 1992, 106 Stat. 2273; Pub. L. 103-
144, Sec. 3, Nov. 17, 1993, 107 Stat. 1494; Pub. L. 103-145, Sec.
3, Nov. 17, 1993, 107 Stat. 1497; Pub. L. 103-437, Sec. 6(d)(38),
Nov. 2, 1994, 108 Stat. 4585; Pub. L. 104-333, div. I, title IV,
Secs. 402, 403, title V, Sec. 501, Nov. 12, 1996, 110 Stat. 4148,
4153; Pub. L. 106-135, Sec. 3, Dec. 7, 1999, 113 Stat. 1686; Pub.
L. 106-307, Sec. 3, Oct. 13, 2000, 114 Stat. 1075; Pub. L. 106-509,
Sec. 3, Nov. 13, 2000, 114 Stat. 2361; Pub. L. 106-510, Sec.
3(a)(2), Nov. 13, 2000, 114 Stat. 2363; Pub. L. 107-214, Sec. 3,
Aug. 21, 2002, 116 Stat. 1053; Pub. L. 107-325, Sec. 2, Dec. 4,
2002, 116 Stat. 2790; Pub. L. 107-338, Sec. 2, Dec. 16, 2002, 116
Stat. 2886; Pub. L. 108-342, Sec. 2, Oct. 18, 2004, 118 Stat. 1370;
Pub. L. 108-352, Sec. 14(1), Oct. 21, 2004, 118 Stat. 1397; Pub. L.
109-54, title I, Sec. 133, Aug. 2, 2005, 119 Stat. 526.)
REFERENCES IN TEXT
The Historic Sites Act of 1935 (49 Stat. 666; 16 U.S.C. 461),
referred to in subsec. (b)(3), which is also known as the Historic
Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch.
593, 49 Stat. 666, as amended, which is classified to sections 461
to 467 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 461 of this
title and Tables.
Section 603 of the Omnibus Parks and Public Lands Management Act
of 1996, referred to in subsec. (c)(40)(C), is section 603 of Pub.
L. 104-333, which is classified as a note under section 1a-5 of
this title.
The Chesapeake Bay Initiative Act of 1998, referred to in subsec.
(c)(40)(C), (43)(B)(i), is title V of Pub. L. 105-312, Oct. 30,
1998, 112 Stat. 2961, which is classified as a note under section
461 of this title. For complete classification of this Act to the
Code, see Tables.
AMENDMENTS
2005 - Subsec. (c)(43). Pub. L. 109-54 added par. (43).
2004 - Subsec. (a)(24). Pub. L. 108-342 added par. (24).
Subsec. (c)(19). Pub. L. 108-352, Sec. 14(1)(A)(i), substituted
"Kissimmee" for "Kissimme".
Subsec. (c)(40)(D). Pub. L. 108-352, Sec. 14(1)(A)(ii),
substituted "later than" for "later that".
Subsec. (c)(41), (42). Pub. L. 108-352, Sec. 14(1)(A)(iii),
designated unnumbered pars. relating to the Metacomet-Monadnock-
Mattabesett Trail and The Long Walk Trail as pars. (41) and (42),
respectively, and par. (42) was editorially transferred to follow
par. (41) to reflect the probable intent of Congress.
Subsec. (d). Pub. L. 108-352, Sec. 14(1)(B), struck out
"establishment." before "establishment,".
2002 - Subsec. (a)(21) to (23). Pub. L. 107-325 redesignated par.
(21) relating to the Ala Kahakai National Historic Trail as par.
(22) and added par. (23).
Subsec. (c). Pub. L. 107-338 added unnumbered par. relating to
the Metacomet-Monadnock-Mattabesett Trail.
Pub. L. 107-214 added unnumbered par. relating to the Long Walk
Trail.
2000 - Subsec. (a)(18) to (20). Pub. L. 106-307, Sec. 3(1), and
Pub. L. 106-509, Sec. 3(1), made identical amendments, designating
unnumbered pars. relating to California National Historic Trail,
Pony Express National Historic Trail, and Selma to Montgomery
National Historic Trail as pars. (18) to (20), respectively.
Subsec. (a)(21). Pub. L. 106-509, Sec. 3(2), added par. (21)
relating to Ala Kahakai National Historic Trail.
Pub. L. 106-307, Sec. 3(2), added par. (21) relating to El Camino
Real de Tierra Adentro.
Subsec. (a)(21)(A). Pub. L. 106-510 substituted "Hawai'i
Volcanoes National Park" for "Hawaii Volcanoes National Park" in
subpar. (A) of par. (21) relating to Ala Kahakai National Historic
Trail.
Subsec. (c)(35). Pub. L. 106-510 substituted "Hawai'i Volcanoes
National Park" for "Hawaii Volcanoes National Park".
1999 - Subsec. (c)(36), (37). Pub. L. 106-135, Sec. 3(1),
redesignated par. (36) relating to El Camino Real Para Los Texas as
(37) and substituted "determine" for "detemine" in subpar. (C).
Subsec. (c)(38) to (40). Pub. L. 106-135 designated unnumbered
par. relating to the Old Spanish Trail as par. (38) and unnumbered
par. relating to the Great Western Scenic Trail as par. (39) and
added par. (40).
1996 - Subsec. (a). Pub. L. 104-333, Sec. 501, added unnumbered
par. relating to Selma to Montgomery National Historic Trail.
Subsec. (c). Pub. L. 104-333, Secs. 402, 403, added unnumbered
pars. relating to Old Spanish Trail and Great Western Scenic Trail.
1994 - Subsecs. (e), (f). Pub. L. 103-437 in introductory
provisions substituted "Natural Resources" for "Interior and
Insular Affairs" after "Committee on".
1993 - Subsec. (c)(36). Pub. L. 103-145 added par. (36) relating
to El Camino Real Para Los Texas.
Pub. L. 103-144 added par. (36) relating to El Camino Real de
Tierra Adentro.
1992 - Subsec. (a). Pub. L. 102-328 added unnumbered pars.
relating to California National Historic Trail and Pony Express
National Historic Trail.
Subsec. (c)(34), (35). Pub. L. 102-461 added pars. (34) and (35).
1990 - Subsec. (a)(17). Pub. L. 101-365 added par. (17).
Subsec. (c)(33). Pub. L. 101-321 added par. (33).
1988 - Subsec. (c)(32). Pub. L. 100-559 added par. (32).
Subsec. (d). Pub. L. 100-470 inserted "establishment, except that
the Advisory Council established for the Iditarod Historic Trail
shall expire twenty years from the date of its establishment."
after "its establishment." at end of first sentence.
1987 - Subsec. (a)(15). Pub. L. 100-35 added par. (15).
Subsec. (a)(16). Pub. L. 100-192 added par. (16).
Subsec. (c)(31). Pub. L. 100-187 added par. (31).
1986 - Subsec. (a)(14). Pub. L. 99-445 added par. (14).
1984 - Subsec. (c)(30). Pub. L. 98-405 added par. (30).
1983 - Subsec. (a)(11) to (13). Pub. L. 98-11, Sec. 205(a), added
pars. (11) to (13).
Subsec. (b). Pub. L. 98-11, Sec. 205(b)(1), inserted sentence in
provisions preceding par. (1) requiring that the feasibility of
designating a trail 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.
Subsec. (b)(3). Pub. L. 98-11, Sec. 205(b)(2), substituted "16
U.S.C. 461" for "U.S.C. 461".
Subsec. (b)(11)(B). Pub. L. 98-11, Sec. 205(b)(3), inserted
"exploration," after "commerce," in first sentence.
Subsec. (c)(9). Pub. L. 98-11, Sec. 205(c)(1), substituted "Santa
Fe, New Mexico" for "Sante Fe, New Mexico".
Subsec. (c)(24) to (29). Pub. L. 98-11, Sec. 205(c)(2), added
pars. (24) to (29).
Subsec. (d). Pub. L. 98-11, Sec. 205(d)(1), in provisions
preceding par. (1), inserted requirement that the Secretary advise
the appropriate committees in the Congress if the Secretary is
unable to establish an advisory council because of the lack of
adequate public interest.
Subsec. (d)(1) to (4). Pub. L. 98-11, Sec. 205(d)(2),
redesignated pars. (i) to (iv) as (1) to (4), respectively, and in
par. (1) as so redesignated substituted "the head of each Federal
department or independent agency administering lands through which
the trail route passes, or his designee" for "a member appointed to
represent each Federal department or independent agency
administering lands through which the trail route passes, and each
appointee shall be the person designated by the head of such
department or agency".
Subsec. (f)(1). Pub. L. 98-11, Sec. 205(e)(1), (2), substituted
"national historic trails" for "national recreational trails".
Subsec. (f)(3), (4). Pub. L. 98-11, Sec. 205(e)(3), added pars.
(3) and (4).
1980 - Subsec. (a)(8). Pub. L. 96-199, Sec. 101(b)(1), added par.
(8).
Subsec. (a)(9). Pub. L. 96-344 added par. (9).
Subsec. (a)(10). Pub. L. 96-370 added par. (10).
Subsecs. (e), (f). Pub. L. 96-199, Sec. 101(b)(2), (3), inserted
reference to the North Country National Scenic Trail.
1979 - Subsec. (c)(23). Pub. L. 96-87 substituted "(23)" for
"(20)" as the number designation of the paragraph relating to the
Overmountain Victory Trail added in 1978 by section 551(13) of Pub.
L. 95-625.
1978 - Subsec. (a). Pub. L. 95-625, Sec. 551(7), substituted, in
provision preceding par. (1), "scenic and national historic" for
"scenic" and "the following National Scenic and National Historic
Trails" for "as the initial National Scenic Trails".
Subsec. (a)(1). Pub. L. 95-625, Sec. 551(8), substituted
"Appalachian National Scenic Trail" for "Appalachian Trail".
Subsec. (a)(2). Pub. L. 95-625, Sec. 551(8), substituted "Pacific
Crest National Scenic Trail" for "Pacific Crest Trail".
Subsec. (a)(3). Pub. L. 95-625, Sec. 551(9), substituted
provisions establishing the Oregon National Historic Trail as a
National Scenic and National Historic Trail for provisions
requiring the establishment, by the Secretary of the Interior
within 60 days after Mar. 21, 1978, of an Advisory Council for the
Appalachian National Scenic Trail, which council was to terminate
120 months after Mar. 21, 1978.
Pub. L. 95-248, Sec. 1(1), substituted provisions requiring
establishment by the Secretary of the Interior within 60 days of
Mar. 21, 1978, of an Advisory Council for the Appalachian National
Scenic Trail, which shall terminate within 120 months of Mar. 21,
1978, and provisions relating to functions, membership, etc., of
such Council, for provisions requiring establishment by the
Secretary of the Interior of an advisory council for the
Appalachian National Scenic Trail and by the Secretary of
Agriculture of an advisory council for the Pacific Crest National
Scenic Trail, and provisions relating to functions, membership,
etc., of the councils.
Subsec. (a)(4) to (7). Pub. L. 95-625, Sec. 551(9), added pars.
(4) to (7).
Subsec. (b). Pub. L. 95-625, Sec. 551(10), substituted in
provision preceding par. (1) "National scenic or national historic"
for "national scenic", inserted "through the agency most likely to
administer such trail," after "Secretary of the Interior,", struck
out third sentence "When completed, such studies shall be the basis
of appropriate proposals for additional national scenic trails
which shall be submitted from time to time to the President and to
the Congress."; and substituted "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:" for "Such proposals shall be
accompanied by a report, which shall be printed as a House or
Senate document, showing among other things - ".
Subsec. (b)(3). Pub. L. 95-625, Sec. 551(10), (11), substituted
"scenic or national historic" for "scenic" and required in the case
of national historic trails the report to include the
recommendation of the Secretary of the Interior's National Park
System Advisory Board as to the national historical significance
based on the criteria developed under the Historic Sites Act of
1935.
Subsec. (b)(10), (11). Pub. L. 95-625, Sec. 551(12), added pars.
(10) and (11).
Subsec. (c)(23). Pub. L. 95-625, Sec. 551(13), added par. (23).
See 1979 Amendment note above.
Subsec. (d). Pub. L. 95-625, Sec. 551(14), added subsec. (d) and
repealed former subsec. (d) provisions for comprehensive plan for
the management, acquisition, development, and use of the
Appalachian Trail, submission to Congressional committees, and
scope of plan, now covered in subsec. (e) of this section.
Pub. L. 95-248, Sec. 1(2), added subsec. (d).
Subsecs. (e), (f). Pub. L. 95-625, Sec. 551(15), added subsecs.
(e) and (f).
1976 - Subsec. (c)(15) to (22). Pub. L. 94-527 added pars. (15)
to (22).
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
TERMINATION OF ADVISORY COUNCILS
Advisory councils in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5,
1973, unless, in the case of a council established by the President
or an officer of the Federal Government, such council is renewed by
appropriate action prior to the expiration of such 2-year period,
or in the case of a council established by the Congress, its
duration is otherwise provided for by law. See sections 3(2) and 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
SILVER STATE OFF-HIGHWAY VEHICLE TRAIL
Pub. L. 108-424, title IV, Sec. 401, Nov. 30, 2004, 118 Stat.
2416, provided that the Secretary of the Interior would manage the
system of trails designated as the Silver State Off-Highway Vehicle
Trail in the Lincoln County Conservation, Recreation and
Development Act Map for Lincoln County, Nevada, in a manner
consistent with motorized and mechanized use of the Trail, the
safety of the people who use the Trail and its sensitive habitat
and cultural resources, and that the Secretary would, in
consultation with the State, County and other interested parties,
develop a management plan, not later than 3 years after Nov. 30,
2004, and monitor and evaluate the effects of the use of the Trail
to minimize adverse environmental or cultural impact while giving
notice of open routes.
EXPEDITED REPORT TO CONGRESS
Pub. L. 107-338, Sec. 3, Dec. 16, 2002, 116 Stat. 2886, provided
that: "Notwithstanding the fourth sentence of section 5(b) of the
National Trails System Act (16 U.S.C. 1244(b)), the Secretary of
the Interior shall submit the study required by the amendment made
by section 2 [amending this section] to Congress not later than 2
years after the date of the enactment of this Act [Dec. 16, 2002]."
CALIFORNIA TRAIL INTERPRETIVE CENTER
Pub. L. 106-577, title I, Dec. 28, 2000, 114 Stat. 3068,
authorized the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, to establish the
"California Trail Interpretive Center" near Elko, Nevada, and
directed the Secretary to initiate a plan for the development of
the Center, to acquire land and interests in land for the
construction of the Center, to provide for local review of and
input concerning the development and operation of the Center by the
Advisory Board for the National Historic California Emigrant Trails
Interpretive Center of Elko, Nevada, to prepare a budget and
funding request periodically that would allow a Federal agency to
carry out the maintenance and operation of the Center, to enter
into cooperative agreements for snow removal, rescue, firefighting,
and law enforcement services, and for development and operation of
facilities and services, and to accept donations of funds,
property, or services to provide services and facilities, and
authorized appropriations.
NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER, WYOMING
Pub. L. 105-290, Oct. 27, 1998, 112 Stat. 2782, authorized
appropriations for the National Historic Trails Interpretive Center
in Casper, Wyoming, and authorized the Secretary of the Interior to
establish the Center, to construct and operate facilities, to
accept donations, and to charge an entrance fee.
SACRAMENTO TO SAN FRANCISCO MAIL ROUTE; FEASIBILITY STUDY FOR
INCLUSION IN PONY EXPRESS NATIONAL HISTORIC TRAIL
Section 2 of Pub. L. 102-328, as amended by Pub. L. 103-437, Sec.
6(d)(39), Nov. 2, 1994, 108 Stat. 4585, provided that: "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 [amending this section]. Upon
completion of the study, if the Secretary determines such 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 Natural Resources [now Committee on Resources] of the
United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate."
DE SOTO EXPEDITION TRAIL COMMISSION
Pub. L. 101-607, Nov. 16, 1990, 104 Stat. 3105, established for 4
years in the Department of the Interior the De Soto Expedition
Trail Commission, the purpose of which is to encourage and direct
research, and to coordinate the distribution of interpretive
materials to the public, regarding the De Soto expedition, the
native societies the expedition encountered, and the effects of
that contact, provided for the functions, staff, and powers of the
Commission, and authorized research, technical assistance, and
appropriations.
AUTHORIZATION FOR DEVELOPMENT OF TRAILS INTERPRETATION CENTER IN
IOWA
Pub. L. 101-191, Nov. 29, 1989, 103 Stat. 1697, authorized
Secretary of the Interior to provide for development of a trails
interpretation center in city of Council Bluffs, Iowa, set forth
provisions relating to Congressional findings and purposes, plan
and design of the center and implementation thereof, agreement for
operation and maintenance of the center, cooperative agreements for
technical assistance, and extinguishment of any restrictions,
covenants, reversions, limitations, or any other conditions imposed
by the Economic Development Administration upon acceptance of
donated land by Secretary, and authorized appropriations of not
more than $8,400,000 to carry out the Act.
SOUTHWESTERN PENNSYLVANIA INDUSTRIAL HERITAGE ROUTE
Pub. L. 100-698, title II, Secs. 201-203, Nov. 19, 1988, 102
Stat. 4622, authorized Secretary of the Interior to designate, and
authorized appropriations for, a vehicular tour route to provide
for public appreciation, education, understanding, and enjoyment of
certain nationally and regionally significant sites in southwestern
Pennsylvania.
LEWIS AND CLARK NATIONAL HISTORIC TRAIL INTERPRETIVE CENTER,
MONTANA
Pub. L. 100-552, Secs. 1-4, Oct. 28, 1988, 102 Stat. 2766, 2768,
authorized Secretary of Agriculture to establish Lewis and Clark
National Historic Trail Interpretive Center on certain lands in
Montana, required the Secretary to administer the Center and to
prepare a plan for development and interpretation of the Center,
authorized Secretary to accept donations, enter into cooperative
agreements for various services such as rescue, firefighting, law
enforcement, and development and operation of facilities,
authorized Secretary to enter into agreements to provide
educational and interpretive materials to the public, and
authorized appropriations to carry out the Act and for construction
of Center and associated structures and improvements.
NEW JERSEY COASTAL HERITAGE TRAIL ROUTE
Pub. L. 100-515, Oct. 20, 1988, 102 Stat. 2563, as amended by
Pub. L. 103-243, May 4, 1994, 108 Stat. 613; Pub. L. 106-18, Sec.
1, Apr. 8, 1999, 113 Stat. 28, authorized Secretary of the
Interior, acting through Director of National Park Service, with
concurrence of agency having jurisdiction over such roads, to
designate a vehicular tour route along existing public roads
linking certain nationally significant natural and cultural sites
associated with coastal area of State of New Jersey, to be known as
New Jersey Coastal Heritage Trail Route; provided for location and
additional segments of Route; directed Secretary of the Interior to
prepare a comprehensive inventory of sites along Route and a
general plan; provided for informational material for public
appreciation of sites along Route; provided that Route be marked
with appropriate markers; authorized appropriations to carry out
the Act; authorized additional appropriation of $4,000,000 for
technical assistance and design and fabrication of interpretive
materials, devices and signs; prohibited use of additional
appropriation for operation, maintenance, repair or construction
except for construction of interpretive exhibits; limited Federal
share of projects carried out with additional appropriation to 50
percent; required non-Federal matching funds in form of cash,
materials, or in-kind services; and provided for termination of
authority under this Act 10 years after May 4, 1994.
LAUREL HIGHLANDS NATIONAL RECREATIONAL TRAIL DESIGNATED AS PART OF
POTOMAC HERITAGE TRAIL
Pub. L. 99-500, Sec. 101(h) [title I, Sec. 113], Oct. 18, 1986,
100 Stat. 1783-242, 1783-262, and Pub. L. 99-591, Sec. 101(h)
[title I, Sec. 113], Oct. 30, 1986, 100 Stat. 3341-242, 3341-262,
provided that: "The Secretary of the Interior is directed to
designate the Laurel Highlands National Recreational Trail, as
designated by the Secretary of the Interior pursuant to section 4
of the National Trails System Act [16 U.S.C. 1243], as part of the
Potomac Heritage Trail, as requested by the State of Pennsylvania
in its April 1984 application, subject to the provisions of
paragraph (11) of section 5(a) of the National Trails System Act,
as amended [16 U.S.C. 1244(a)(11)]."
(!1) So in original. Probably should be "sections".