23 USC 206 – Recreational trails program
(a)
(1)
(2)
(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.
Terms Used In 23 USC 206
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 1 USC 2
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
(b)
(c)
(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)
(1)
(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)
(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 uses 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)
(A)
(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)
(C)
(4)
(A)
(B)
(e)
(f)
(1)
(2)
(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)
(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)
(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)
(g)
(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)
(1)
(A)
(B)
(C)
(2)
(3)
(4)
(A)
(B)
(i)
(j)