(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 chapter 2003 of title 54, 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 chapter 2003 of title 54 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) and (C), 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.
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, as amended, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables.
The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.
Prior Provisions
A prior section 206, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908, provided for use of funds for construction and improvement of park roads and trails and for administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, prior to repeal by Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115.
Amendments
2014—Subsec. (d)(1)(B). Pub. L. 113–287, § 5(f)(3)(A), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l–4 et seq.)”.
Subsec. (d)(2)(D)(ii). Pub. L. 113–287, § 5(f)(3)(B), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l–4 et seq.)”.
Subsec. (h)(3). Pub. L. 113–287, § 5(f)(3)(C), substituted “section 200305(f)(3) of title 54” for “section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l–8(f)(3))”.
2008—Subsec. (d)(3)(A). Pub. L. 110–244 substituted “(B) and (C)” for “(B), (C), and (D)” in introductory provisions.
2005—Subsec. (d)(2). Pub. L. 109–59, § 1109(b), amended par. (2) generally. Prior to amendment, par. (2) consisted of subpars. (A) to (G) relating to permissible uses of funds apportioned to carry out this section.
Subsec. (d)(3)(C), (D). Pub. L. 109–59, § 1109(c), redesignated subpar. (D) as (C), substituted “(2)(H)” for “(2)(F)”, and struck out heading and text of former subpar. (C). Text read as follows: “A State recreational trail advisory committee established under subsection (c)(2) may waive, in whole or in part, the requirements of clauses (ii) and (iii) of subparagraph (A) if the State recreational trail advisory committee determines and notifies the Secretary that the State does not have sufficient projects to meet the requirements of clauses (ii) and (iii) of subparagraph (A).”
Subsec. (f)(1). Pub. L. 109–59, § 1109(d)(1), inserted “and the Federal share of the administrative costs of a State” after “project” and substituted “be determined in accordance with section 120(b)” for “not exceed 80 percent”.
Subsec. (f)(2)(A). Pub. L. 109–59, § 1109(d)(2), substituted “the amount determined in accordance with section 120(b) for the cost” for “80 percent of the cost”.
Subsec. (f)(2)(B). Pub. L. 109–59, § 1109(d)(3), inserted “sponsoring the project” after “Federal agency”.
Subsec. (f)(4), (5). Pub. L. 109–59, § 1109(d)(4)–(7), added par. (4), redesignated former par. (4) as (5), substituted “the Federal share as determined in accordance with section 120(b)” for “80 percent”, and struck out heading and text of former par. (5). Text read as follows: “The Federal share of the administrative costs of a State under this subsection shall be determined in accordance with section 120(b).”
Subsec. (h)(1)(C). Pub. L. 109–59, § 1109(e), added subpar. (C).
Use of Youth Service and Conservation Corps
Pub. L. 112–141, div. A, title I, § 1524, July 6, 2012, 126 Stat. 580, provided that:
“(a) In General.— The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of
Public Law 101–610 (
42 U.S.C. 12572(a)(2)) and 106(c)(3) of
Public Law 103–82 (
42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, [former] 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA–LU (
119 Stat. 1228).
“(b) Requirements.—
Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall—
“(1)
set the amount of a living allowance or rate of pay for each participant in such corps at—
“(A) such amount or rate as required under State law in a State with such requirements; or
“(B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by
section 140 of Public Law 101–610 (
42 U.S.C. 12594); and
“(2) not subject such corps to the requirements of section 112 of title 23, United States Code.”
Similar provisions were contained in the following prior acts:
Pub. L. 109–59, title I, § 1109(f), Aug. 10, 2005, 119 Stat. 1170.
Pub. L. 105–178, title I, § 1112(e), June 9, 1998, 112 Stat. 151.