- (a) 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)
- (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.
( ) (FOOTNOTE 2) 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.
(FOOTNOTE 2) So in original. Paragraph enacted without identifying number.
( ) (FOOTNOTE 2) 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.
- (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:
- (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, (FOOTNOTE 6)
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:
(FOOTNOTE 6) So in original. The words ''its establishment. establishment,'' probably should
be ''its establishment,''.
- (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 Interior and Insular Affairs 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 Interior and Insular Affairs 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.