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Title 16 — ConservationRelease 119-73

§1247 State and local area recreation and historic trails

Title 16 › Chapter CHAPTER 27— - NATIONAL TRAILS SYSTEM › § 1247

Last updated Apr 6, 2026|Official source

Summary

Federal agencies must promote building and planning park, forest, recreation, and historic trails. The Secretary of the Interior must ask States to include trail needs in their statewide outdoor recreation plans and historic preservation plans and in funding requests under chapter 2003 of title 54 and division A of subtitle III of title 54. The Secretary of Housing and Urban Development must encourage trail planning when running programs under section 701 of the Housing Act of 1954 and the urban open-space program under title VII of the Housing Act of 1961 (42 U.S.C. 1500 et seq.). The Secretary of Agriculture must also encourage States, local agencies, and private groups to create trails. The Secretary of Transportation, the Chairman of the Surface Transportation Board, and the Secretary of the Interior must encourage use of programs under the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and chapter 224 of title 49 to make trails on railroad rights-of-way. If a railroad right-of-way is used temporarily but can be restored for rail service later, that temporary use is not treated as abandonment. If a State, local government, or qualified private group agrees to manage the right-of-way, handle legal liability, and pay taxes, the Board will set terms and must not allow abandonment that disrupts the use. States or local agencies may mark such trails as part of the nationwide trail system with the Secretary of the Interior’s approval.

Full Legal Text

Title 16, §1247

Conservation — Source: USLM XML via OLRC

(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 chapter 2003 of title 54, needs and opportunities for establishing park, forest, and other recreation and historic trails on lands owned or administered by States, and recreation and historic trails on lands in or near urban areas. The Secretary is also directed to encourage States to consider, in their comprehensive statewide historic preservation plans and proposals for financial assistance for State, local, and private projects submitted pursuant to division A of subtitle III of title 54, needs and opportunities for establishing historic trails. He is further directed, in accordance with the authority contained in chapter 2003 of title 54),11 So in original. The closing parenthesis preceding the comma probably should not appear. See 2014 Amendment note below. to encourage States, political subdivisions, and private interests, 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 22 See References in Text note below. of the Housing Act of 1954, to encourage the planning of recreation trails in connection with the recreation and transportation planning for metropolitan and other urban areas. He is further directed, in administering the urban open-space program under title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.], to encourage such recreation trails.
(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)The Secretary of Transportation, the Chairman of the Surface Transportation Board, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and chapter 224 of title 49, shall encourage State and local agencies and private interests to establish appropriate trails using the provisions of such programs. Consistent with the purposes of that Act, and in furtherance of the national policy to preserve established railroad rights-of-way for future reactivation of rail service, to protect rail transportation corridors, and to encourage energy efficient transportation use, in the case of interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with this chapter, if such interim use is subject to restoration or reconstruction for railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes. If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management of such rights-of-way and for any legal liability arising out of such transfer or use, and for the payment of any and all taxes that may be levied or assessed against such rights-of-way, then the Board shall impose such terms and conditions as a requirement of any transfer or conveyance for interim use in a manner consistent with this chapter, and shall not permit abandonment or discontinuance inconsistent or disruptive of such use.
(e)Such trails may be designated and suitably marked as parts of the nationwide system of trails by the States, their political subdivisions, or other appropriate administering agencies with the approval of the Secretary of the Interior.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 701 of the Housing Act of 1954, referred to in subsec. (b), was classified to section 461 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 97–35, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398. The Housing Act of 1961, referred to in subsec. (b), is Pub. L. 87–70, June 30, 1961, 75 Stat. 149. Title VII of the Housing Act of 1961 was classified generally to chapter 8C (§ 1500 et seq.) of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 5316 of Title 42 which terminated authority to make grants or loans under such title VII after Jan. 1, 1975. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 12, Banks and Banking, and Tables. The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (d), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 45, Railroads, and Tables.

Amendments

2021—Subsec. (d). Pub. L. 117–58 inserted “(45 U.S.C. 801 et seq.) and chapter 224 of title 49” after “Reform Act of 1976”. 2014—Subsec. (a). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act”, “division A of subtitle III of title 54” for “the Act of
October 15, 1966 (80 Stat. 915), as amended”, and “chapter 2003 of title 54” for “the Act of
May 28, 1963 (77 Stat. 49”. 1995—Subsec. (d). Pub. L. 104–88 substituted “Chairman of the Surface Transportation Board” for “Chairman of the Interstate Commerce Commission” and “the Board” for “the Commission”. 1983—Subsecs. (d), (e). Pub. L. 98–11, § 208(2), added subsec. (d) and redesignated former subsec. (d) as (e). 1978—Subsec. (a). Pub. L. 95–625 inserted “and historic” after “establishing park, forest, and other recreation” and “administered by States, and recreation”, and directed the Secretary to encourage States to consider in their plans and proposals the needs and opportunities for establishing historic trails.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of Title 49, Transportation.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1247

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73