S. 827 (90th): An Act to establish a national trails system, and for other purposes

90th Congress, 1967–1968. Text as of Oct 02, 1968 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

82 STAT. ]                  PUBLIC LAW 90-543-OCT. 2, 1968                                             919

Public Law 90-543
                                          AN A C T                                    October 2, 1968
           To establish a national trails system, and for other purposes.                 1^^- ^^'^l

 Be it enacted hy the Senate and House of Refresentatives                   of the
United States of America in Congress assembled,                                       National Trails
                                                                                     System Act.

                                       SHORT TITLE

  SECTION        1. This Act may be cited as the "National Trails System
Act".
                                 STATEMENT OF POLICY

   SEC. 2. (a) In order to provide for the ever-increasing outdoor rec-
reation needs of an expanding population and in order to promote
public access to, travel within, and enjoyment and appreciation of the
open-air, outdoor areas of the Nation, trails should be established (i)
primarily, near the urban areas of the Nation, and (ii) secondarily,
within established scenic areas more remotely located.
   (b) the purpose of this Act is to provide the means for attaining
these objectives by instituting a national system of recreation and
scenic trails, by designating the Appalachian Trail and the Pacific
Crest Trail as the initial components of that system, and by prescrib-
ing the methods by which, and standards according to which, addi-
tional components may be added to the system.
                                NATIONAL TRAILS SYSTEM

   SEC. 3. The national system of trails shall l)e composed of—
         (a) National recreation trails, established as provided in section
     4 of this Act, which will provide a variety of outd(M)r recreation
     uses in or reasonably accessible to urban areas.
         (b) National scenic trails, established as provided in section 5 of
     this Act, which will be extended trails so located as to provide for
     maximum outdoor recreation potential and for the conservation
     and enjoyment of the nationally significant scenic, historic, natu-
     ral, or cultural qualities of the areas through which such trails may
     pass.
         (c) Connecting or side trails, established as provided in section
     6 of this Act, which will provide additional points of public access
     to national recreation or national scenic trails or which will pro-
     vide connections l^etween such trails.
   The Secretary of the Interior and the Secretary of Agriculture, in
consultation with appropriate governmental agencies and public and
l)rivate organizations, shall establish a uniform marker for the national
trails system.
                              NATIONAL R E C R E A T I O N TRAILS

  SEC. 4. (a) The Secretary of the Interior, or the Secretary of Agricul-
ture where lands administered by him are involved, may establish and
designate national recreation trails, with the consent of the Federal
agency. State, or political subdivision having jurisdiction over the
lands involved, upon finding that—
       (i) such trails are reasonably accessible to urban areas, and, or
       (ii) such trails meet the criteria established in this Act and
     such supplementary criteria as he may prescribe.
   (b) As provided in this section, trails within park, forest, and other
recreation areas administered by the Secretary of the Interior or the
Secretary of Agriculture or in other federally administered areas may
be established and designated as ''National Kecreation Trails'' by the


        B-600 O - 69 - 61

920 PUBLIC LAW 90-543-OCT. 2, 1968 [82 STAT. appropriate Secretary and, when no Federal land acquisition is involved— (i) trails in or reasonably accessible to urban areas may be designated as "National Recreation Trails" by the Secretary of the Interior with the consent of the States, their political subdivisions, or other appropriate administering agencies, and (ii) trails within park, forest, and other recreation areas owned or administered by States may be designated as "National Recre- ation Trails" by the Secretary of the Interior with the consent of the State. N A T I O N A L S C E N I C TRAILS SEC. 5. (a) National scenic trails shall be authorized and designated only by Act of Congress. There are hereby established as the initial National Scenic Trails: (1) The Appalachian Trail, a trail of approximately two thousand miles extending generally alon^ the Appalachian Mountains from Mount Katahdm, Maine, to Sprmger 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, Pro- posed Appalachian Trail, NST-AT-101-May 1967", which shall be on file and available for public inspection in the office of the Director of Rights-of-way. the National P a r k Service. Where practicable, such rights-of-way shall include lands protected for it under agreements in effect as of the date of enactment of this Act, to which Federal agencies and States were parties. The Appalachian Trail shall be administered primarily as a lootpath by the Secretary of the Interior, in consultation with the Secretary of Agriculture. (2) The Pacific Crest 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, fol- lowing the route as generally depicted on the map, identified as "Nationwide System of Trails, Proposed Pacific Crest Trail, N S T - PC-103-May 1967" which shall be on file and available for public Administration. inspection in the offi.ce 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. Advisory (3) The Secretary of the Interior shall establish an advisory council councils. for the Appalachian National Scenic Trail, and the Secretary of Agri- culture shall establish an advisor;^ counoil for the Pacific Crest National Scenic Trail. 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 of the erection and maintenance of markers along the trail, and the administration of Members; term the trail. The members of each advisory council, which shall not exceed of office. thirty-five in number, shall serve without compensation or expense to the Federal Government for a term of five years and shall be appointed by the appropriate Secretary as follows: (i) 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; (ii) A member appointed to represent each State through which the trail passes and such appointments shall be made from recom- mendations of the Governors of such States; (iii) One or more members appointed to represent private orga- n nizations, including landowners and land users, that, in the opinion of the Secretary, have an established and recognized interest in the trail and such appointments shall be made from recommendations
82 STAT. ] PUBLIC LAW 90-543-OCT. 2, 1968 921 of the heads of such organizations: Provided,, That the Appala- chian 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 (iv) The Secretary shall designate one member to be chairman and shall fill vacancies in the same manner as the original appointment. (b) The Secretary of the Interior, and the Secretary of Agriculture Additional where lands administered by him are involved, s:hall make such addi- studies. tional s t u d i o as are herein or may hereafter be authorized by the Congress for the purpose of determining the feasibility and desira- bility of desigiiating other trails as national scenic 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. When completed, such studies ^^^fp"*"^ J-°„r'^^^^' shall be the basis of appropriate proposals for additional national dent and Con- gre s s. scenic trails which shall be submitted from time to time to the Presi- dent and to the Congress. Such proposals shall be accompanied by a report, which shall be printed as a House or Senate document, showing among other things— (1) the proposed route of such trail (including maps and illus- trations) ; (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 appro- priate Secretary, make the proposed trail worthy of designation as a national scenic trail; (4) the current status of land ownership and current and poten- tial use alon^ the designated route; (5) the estimated cost of acquisition of lands or interest in lands, (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 and in the administra- tion thereof; and (9) the relative uses of the lands involved, including: the num- ber 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 eco- nomic and social benefits which might accrue from alternate land uses; and the estimated man-years of civilian employment and ex- penditures expected for the purposes of maintenance, supervision, and regulation of such trail. (c) 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 Eiver to its sources in Pennsylvania and West Virginia, including the one- hundred-and-seventy-mile Chesapeake and Ohio Canal towpath.
922 PUBLIC LAW 90-543-OCT. 2, 1968 [82 STAT. (3) Old Cattle Trails of the Southwest from the vicinity of San Antonio, Texas, approximately eight hundred miles through Okla- homa 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 Okla- homa 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 tliousand miles to near Fort Vancouver, Washington. (9) Santa Fe Trail, from Independence, Missouri, approximately eight hundred miles to Sante 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 Na- tional Park Monument. C O N N E C T I N G AND SIDE TRAILS SEC. 6. Connecting or side trails within park, forest, and other recrea- tion areas administered by the Secretary of the Interior or Secretary of Agriculture may be established, designated, and marked as components Gi a national recreation or national scenic trail. When no Federal land acquisition is involved, connecting or side trails may be located across lands administered by interstate, State, or local governmental agencies with their consent: Fro aided. That such trails provide additional lioints of pviblic access to national recreation or scenic trails. ADMINISTRATION AND DEVELOPMENT Publication in SEC. 7. (a) Pursuant to section 5 ( a ) , the appropriate Secretary shall Federal Register. select the rights-of-way for National Scenic Trails and shall publish notice thereof in the Federal Register, together with appropriate maps and descriptions: Provided^ That in selecting the rights-of-w^ay full consideration shall be given to minimizing the adverse effects upon the adjacent landowner or user and his operation. Development and man- agement of each segment of the National Trails System shall be designed to harmonize with and complement any established multiple- use plans for that specific area in order to insure continued maximum benefits from the land. The location and width of such rights-of-way across Federal lands under the jurisdiction of another Federal agency shall be by agreement between the head of that agency and the appro-
82 STAT. ] PUBLIC LAW 90-543-OCT. 2, 1968 923 priate Secretary. I n selecting rights-of-way for trail purposes, the Sec- retary shall obtain the advice and assistance of the States, local govern- ments, private organizations, and landowners and land users concerned. (b) After publication of notice in the Federal Kegister, together ri^h^tl"^.^^';;" ^[^ with appropriate maps and descriptions, the Secretary charged with termination'!' the administration of a national scenic trail may relocate segments of a national scenic trail right-of-way, with the concurrence of the head of the Federal agency having jurisdiction over the lands involved, upon a determination t h a t : (i) such a relocation is necessary to preserve the purposes for which the trail was established, or (ii) the relocation is necessary to promote a sound land management program in accord- ance with established multiple-use principles: Provided, That a sub- stantial relocation of the rights-of-way for such trail shall be by Act of Congress. (c) National scenic trails may contain campsites, shelters, and re- ^^a^fg"^'"^'' °" lated-public-use facilities. Other uses along the trail, which will not substantially interfere with the nature and purposes of the trail, may be permitted by the Secretary charged with the administration of the trail. Reasonable efforts shall be made to provide sufficient access op- portunities to such trails and, to the extent practicable, efforts shall be made to avoid activities incompatible with the purposes for which such trails were established. The use of motorized vehicles by the general h i Motorized ve - d e s ; prohibi- public along any national scenic trail shall be prohibited and nothing tion, e x c e p t i o n s . in this Act shall be construed as authorizing the use of motorized ve- hicles within the natural and historical areas of the national park sys- tem, the national wildlife refuge system, the national wilderness preser- vation system where they are presently prohibited or on other Federal lands where trails are designated as being closed to such use by the appropriate Secretary: Provided, That the Secretary charged w4th the administration of such trail shall establish regulations which shall authorize the use of motorized vehicles when, in his judgment, such vehicles are necessary to meet emergencies or to enable adjacent land- owners or land users to have reasonable access to their lands or timber rights: Provided further, That private lands included in the national recreation or scenic trails by cooperative agreement of a landowner shall not preclude such owner from using motorized vehicles on or across such trails or adjacent lands from time to time in accordance with regulations to be established by the appropriate Secretary. The uniform markers. Secretary of the Interior and the Secretary of Agriculture, in con- sultation with appropriate governmental agencies and public and pri- vate organizations, shall establish a uniform marker, including there- on an appropriate and distinctive symbol for each national recreation and scenic trail. Where the trails cross lands administered by Federal agencies such markers shall be erected at appropriate points along the trails and maintained by the Federal agency administering the trail in accordance with standards established by the appropriate Secretary and where the trails cross non-Federal lands, in accordance with writ- ten cooperative agreements, the appropriate Secretary shall provide such uniform markers to cooperatni^ agencies and shall require such agencies to erect and maintain them in accordance with the standards established. (d) Within the exterior boundaries of areas under their adminis- iands^"use'°" °^ tration that are included in the right-of-way selected for a national ^" ^' "^^ recreation or scenic trail, the heads of Federal agencies may use lands for trail purposes and may acquire lands or interests in lands by written cooperative agreement, donation, purchase with donated or appropriated funds or exchange: Provided, That not more than ,,^„"^^^^ iimita- twenty-five acres in any one mile may be acquired without the consent tion. of the owner.
924 PUBLIC LAW 90-543-OCT. 2, 1968 [82 STAT. Right-of-way lands outside ex- (e) Where the lands included in a national scenic trail right-of- terior boundries. way are outside of the exterior boundaries of federally administered areas, the Secretary charged with the administration of such trail shall encourage the States or local governments involved (1) to enter into written cooperative agreements with landowners, private organiza- tions, and individuals to provide the necessary trail right-of-way, or (2) to acquire such lands or interests therein to be utilized as segments of the national scenic trail: Provided^ That if the State or local gov- ernments fail to enter into such written cooperative agreements or to acquire such lands or interests therein within two years after notice of the selection of the right-of-way is published, the appropriate Secre- tary may (i) enter into such agreements with landowners, States, local governments, private organizations, and individuals for the use of lands for trail purposes, or (ii) acquire private lands or interests therein by donation, purchase with donated or appropriated funds or exchange in accordance with the provisions of subsection (g) of this section. The lands involved in such rights-of-way should be acquired in fee, if other methods of public control are not sufficient to assure their use for the purpose for which they are acquired: Provided^ That if the Secretary cnarged with the administration of such trail perman- ently relocates the right-of-way and disposes of all title or interest in the land, the original owner, or his heirs or assigns, shall be otfered, by notice given at the former owners last known address, the right of hrst refusal at the fair market price. Property suit- able for exchange. (f) The Secretary of the Interior, in the exercise of his exchange authority, may accept title to any non-Federal property within the right-of-way and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction w^hich is located in the State wherein such property is located and which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. The Secretary of Agriculture, in the exercise of his exchange authority, may utilize authorities and procedures available to him in connection with exchanges of national forest lands. U s e of con- demnation pro- (g) The appropriate Secretary may utilize condemnation proceed- ceedings to ings without the consent of the owner to acquire private lands or in- acquire private terests therein pursuant to this section only in cases where, in his judg- lands. ment, all reasonable eiforts to acquire such lands or interests therein bv negotiation have failed, and in such cases he shall acquire only sucli title as, in his judgment, is reasonably necessary to provide passage Limitation. across such lands: Provided^ That condemnation proceedings may not be utilized to acquire fee title or lesser interests to more tlian twenty- five acres in any one mile and when used such authority shall be limited to the most direct or practicable connecting trail right-of-way: Pro- Pacific Crest vided further. That condemnation is prohibited with resjject to all Trail. acquisition of lands or interest in lands for the purposes of the Pacific Crest Trail. Money appropriated for Federal purposes from the land and water conservation fund shall, without prejudice to appropria- tions from other sources, be available to Federal departments for the acquisition of lands or interests in lands for the purposes of this Act. Lands within (h) The Secretary charged with the administration of a national federally admin- istered areas. recreation or scenic trail shall provide for the development and main- tenance of such trails within federally administered areas and shall cooperate with and encourage the States to operate, develop, and main- tain portions of such trails which are located outside the boundaries of federally administered areas. When deemed to be in the public in- terest, such Secretary may enter written cooperative agreements with the States or their political subdivisions, landowners, private organi-
82 STAT. ] PUBLIC LAW 90-543-OCT. 2, 1968 925 zations, or individuals to operate, develop, and maintain any portion of a national scenic trail either within or outside a federally admin- istered area. Whenever the Secretary of the Interior makes any conveyance of re?ifvItx°oir^^ land under any of the public land laws, he may reserve a right-of-way for trails to the extent he deems necessary to carry out the purposes of this Act. (i) The appropriate Secretary, with the concurrence of the heads of Regulations. any other Federal agencies administering lands through which a na- tional recreation or scenic trail passes, and after consultation with the States, local governments, and organizations concerned, may issue regu- lations, which may be revised from time to time, governing the use, protection, management, development, and administration of trails of the national trails system. I n order to maintain good conduct on and Publication. along the trails located within federally administered areas and to provide for the proper government and protection of such trails, the Secretary of the Interior and the Secretary of Agriculture shall pre- scribe and publish such uniform regulations as they deem necessary and any person w^ho violates such regulations shall he guilty of a mis- demeanor, and may be punished by a fine of not more than $500, or by Penalty imprisonment not exceeding six months, or by both such tine and im- prisonment. STATE A N D ME'IT.OPOLITAN AREA l l t A l L S SEC. 8. (a) The Secretary of the Interior is directed to encourage States to consider, in their comprehensive statewide outdoor recreation plans and proposals for financial assistance for State and local projects submitted pursuant to the Land and Water Conservation Fund Act, [^ sta^ 897-^ needs and opportunities for establishing park, forest, and other recrea- note. tion trails on lands owned or administered by States, and recreation trails on lands in or near urban areas. He is further directed, in accord- ance with the authority contained in the Act of May 28, 1963 (77 Stat. 49), to encourage States, political subdivisions, and private interests, ^^QIY^^^ '*^°^' including nonprofit organizations, to establish such trails. (b) The Secretary of Housing and Urban Development is directed, in administering the program of comprehensive urban planning and assistance under section 701 of the Housing Act of 1954, to encourage yg^starV//-^' the planning of recreation trails in connection with the recreation and si stat. 262.' transportation planning for metropolitan and other urban areas. He '^^ ^^^ '^^^ is further directed, in administering the urban open-space program under title V I I of the Housing Act of 1961, to encourage such recrea- J^ sta^ ua^ tion trails. et seq. (c) The Secretary of Agriculture is directed, in accordance with authority vested in him, to encourage States and local agencies and private interests to establish such trails. (d) Such trails may be designated and suitably marked as parts of ings. Suitable mark- the nationwide system of trails hj the States, their political subdi- visions, or other appropriate administering agencies with the approval of the Secretary of the Interior. R I G H T S - O F - W A Y A N D OTHER PROPERTIES Easements and SEC. 9. (a) The Secretary of the Interior or the Secretary of Agri- rights-of-way. culture as the case may be, may grant easements and rights-of-way upon, over, under, across, or along any component of the national trails system in accordance with the laws applicable to the national park sys- tem and the national forest system, respectively: Provided, That any conditions contained in such easements and rights-of-way shall be related to the policy and purposes of this Act.
926 PUBLIC LAW 90-544-OCT. 2, 1968 [82 STAT. Fede°r°ara^ln°c"ie°s ^^^ "^^^^ Department of Defense, the Department of Transportation, gencies. ^j^^ Interstate Connnerce Connnission, the Federal Communications Commission, the Federal Power Commission, and other Federal agen- cies having jurisdiction or control over or information concerning the use, abandonment, or disposition of roadways, utility rights-of-w^ay, or other properties which may be suitable for the purpose of improving or expanding the national trails system shall cooperate with the Sec- retary of the Interior and the Secretary of Agriculture in order to assure, to the extent practicable, that any such properties having values suitable for trail purposes may be made available for such use. AUTHORIZATION OF APPROPRIATIONS SEC. 10. There are hereby authorized to be appropriated for the acquisition of lands or interests in lands not more than $5,000,000 for the Appalachian National Scenic Trail and not more than $500,000 for the Pacific Crest National Scenic Trail. Approved October 2, 1968. Public Law 90-544 October 2, 1968 AN A C T l^- 1321] q\i establish the North Cascades National P a r k and Ross L a k e and Lake Chelan National Recreation Areas, to designate the Pasayten AVilderness and to modify the Glacier Peak Wilderness, in the State of Washington, and for other purposes. Be it enacted hy the Senate and House of Representatices of the . ^**'^ °^ Wash- United States of America in Congress assembled. xngton. •' "^ ' Certain recrea- *'°""'""^ T I T L E I—NOKTH CASCADES N A T I O N A L P A R K Establishment. SEC. 101. In order to preserve for the benefit, use, and inspiration of present and future generations certain majestic mountain scenery, snow fields, glaciers, alpine meadows, and other unique natural features in the North Cascade Mountains of the State of Washington, there is hereby established, subject to valid existing rights, the North Cascades National Park (hereinafter referred to in this Act as the " p a r k " ) . The park shall consist of the lands, waters, and interests therein within the area designated "national park'' on the map entitled "Pro- posed Management Units, North Cascades, Washington," numbered NP-CAS-7002, and dated October 1967. The map shall be on file and available for public inspection in the office of the Director, National Park Service, Department of the Interior, and in the office of the Chief, Forest Service, Department of Agriculture.