- (a) Authorization; conditions
The Secretary of the Interior or the Secretary of Agriculture 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 system 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 chapter.
- (b) Cooperation of Federal agencies with Secretary of the Interior and Secretary of
Agriculture
The Department of Defense, the Department of Transportation, the Interstate Commerce
Commission, the Federal Communications Commission, the Secretary of Energy, and other Federal
agencies having jurisdiction or control over or information concerning the use, abandonment, or
disposition of roadways, utility rights-of-way, or other properties which may be suitable for
the purpose of improving or expanding the national trails system shall cooperate with the
Secretary 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.
- (c) Abandoned railroad grants; retention of rights
Commencing October 4, 1988, any and all right, title, interest, and estate of the United
States in all rights-of-way of the type described in section 912 of
title 43, shall remain in the United States upon the abandonment or forfeiture of such
rights-of-way, or portions thereof, except to the extent that any such right-of-way, or portion
thereof, is embraced within a public highway no later than one year after a determination of
abandonment or forfeiture, as provided under such section.
- (d) Location, incorporation, and management
- (1) All rights-of-way, or portions thereof, retained by the United States pursuant to
subsection (c) of this section which are located within the boundaries of a conservation system
unit or a National Forest shall be added to and incorporated within such unit or National
Forest and managed in accordance with applicable provisions of law, including this chapter.
- (2) All such retained rights-of-way, or portions thereof, which are located outside the
boundaries of a conservation system unit or a National Forest but adjacent to or contiguous with
any portion of the public lands shall be managed pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, including this section.
- (3) All such retained rights-of-way, or portions thereof, which are located outside the
boundaries of a conservation system unit or National Forest which the Secretary of the Interior
determines suitable for use as a public recreational trail or other recreational purposes shall
be managed by the Secretary for such uses, as well as for such other uses as the Secretary
determines to be appropriate pursuant to applicable laws, as long as such uses do not preclude
trail use.
- (e) Release and quitclaim; conditions; sale; proceeds
- (1) The Secretary of the Interior is authorized where appropriate to release and quitclaim
to a unit of government or to another entity meeting the requirements of this subsection any and
all right, title, and interest in the surface estate of any portion of any right-of-way to the
extent any such right, title, and interest was retained by the United States pursuant to
subsection (c) of this section, if such portion is not located within the boundaries of any
conservation system unit or National Forest. Such release and quitclaim shall be made only in
response to an application therefor by a unit of State or local government or another entity
which the Secretary of the Interior determines to be legally and financially qualified to manage
the relevant portion for public recreational purposes. Upon receipt of such an application, the
Secretary shall publish a notice concerning such application in a newspaper of general
circulation in the area where the relevant portion is located. Such release and quitclaim shall
be on the following conditions:
- (A) If such unit or entity attempts to sell, convey, or otherwise transfer such right,
title, or interest or attempts to permit the use of any part of such portion for any purpose
incompatible with its use for public recreation, then any and all right, title, and interest
released and quitclaimed by the Secretary pursuant to this subsection shall revert to the United
States.
- (B) Such unit or entity shall assume full responsibility and hold the United States
harmless for any legal liability which might arise with respect to the transfer, possession,
use, release, or quitclaim of such right-of-way.
- (C) Notwithstanding any other provision of law, the United States shall be under no duty
to inspect such portion prior to such release and quitclaim, and shall incur no legal liability
with respect to any hazard or any unsafe condition existing on such portion at the time of such
release and quitclaim.
- (2) The Secretary is authorized to sell any portion of a right-of-way retained by the
United States pursuant to subsection (c) of this section located outside the boundaries of a
conservation system unit or National Forest if any such portion is -
- (A) not adjacent to or contiguous with any portion of the public lands; or
- (B) determined by the Secretary, pursuant to the disposal criteria established by section
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), to be suitable for sale. Prior to conducting any such sale,
the Secretary shall take appropriate steps to afford a unit of State or local government or any
other entity an opportunity to seek to obtain such portion pursuant to paragraph (1) of this
subsection.
- (3) All proceeds from sales of such retained rights of way shall be deposited into the
Treasury of the United States and credited to the Land and Water Conservation Fund as provided
in section 460l-5 of this title.
- (4) The Secretary of the Interior shall annually report to the Congress the total proceeds
from sales under paragraph (2) during the preceding fiscal year. Such report shall be included
in the President's annual budget submitted to the Congress.
- (f) ''Conservation system unit'' and ''public lands'' defined
As used in this section -
- (1) The term ''conservation system unit'' has the same meaning given such term in the
Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.),
except that such term shall also include units outside Alaska.
- (2) The term ''public lands'' has the same meaning given such term in the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).