23 U.S.C. § 206 : US Code - Section 206: Recreational trails program

Search 23 U.S.C. § 206 : US Code - Section 206: Recreational trails program

(a) 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 -
(A) pedestrian activities, including wheelchair use;
(B) skating or skateboarding;
(C) equestrian activities, including carriage driving;
(D) nonmotorized snow trail activities, including skiing;
(E) bicycling or use of other human-powered vehicles;
(F) aquatic or water activities; and
(G) motorized vehicular activities, including all-terrain
vehicle riding, motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road motorized vehicles.
(b) 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.
(c) 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.
(d) 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 -
(A) have been planned and developed under the laws, policies,
and administrative procedures of the State; and
(B) 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 -
(A) maintenance and restoration of existing recreational
trails;
(B) development and rehabilitation of trailside and trailhead
facilities and trail linkages for recreational trails;
(C) purchase and lease of recreational trail construction and
maintenance equipment;
(D) construction of new recreational trails, except that, in
the case of new recreational trails crossing Federal lands,
construction of the trails shall be -
(i) permissible under other law;
(ii) 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;
(iii) approved by the administering agency of the State
designated under subsection (c)(1); and
(iv) 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.);
(E) acquisition of easements and fee simple title to property
for recreational trails or recreational trail corridors;
(F) assessment of trail conditions for accessibility and
maintenance;
(G) 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
(H) 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. -
(A) In general. - Except as provided in subparagraphs (B),
(C), and (D), of the apportionments made to a State for a
fiscal year to carry out this section -
(i) 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;
(ii) 30 percent shall be used for uses relating to
motorized recreation; and
(iii) 30 percent shall be used for uses relating to
nonmotorized recreation.
(B) 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).
(C) State administrative costs. - State administrative costs
eligible for funding under paragraph (2)(H) shall be exempt
from the requirements of subparagraph (A).
(4) Grants. -
(A) 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.
(B) 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.
(e) 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.
(f) 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).
(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 -
(A) 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
(B) 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 -
(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
(B) 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 -
(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
(B) 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).
(g) 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 -
(A) 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
(B) 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 -
(A) 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
(B) 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.
(h) Project Administration. -
(1) Credit for donations of funds, materials, services, or new
right-of-way. -
(A) 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).
(B) 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).
(C) 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. -
(A) 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.
(B) 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.
(i) 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.