Laws: Cases and Codes : U.S. Code : Title 16 : Section 1244


   
U.S. Code as of: 01/19/04
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.
    (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 Kissimme (!2) 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 that (!3) 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.


      ( ) (!4) 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.

      ( ) (!4) 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.
    (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. establishment,(!5) 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.



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