Rails to Trails

(National Trails System Improvements Act of 1988)

* Act of October 4, 1988 (P.L. 100-470, 102 Stat. 2281; 16 U.S.C. 1241(note); 12 U.S.C. 1248(note))

Short Title

Sec. 1. This Act may be cited as the "National Trails System Im-prove-ments Act of 1988".

Findings

Sec. 2. Congress hereby finds that-

(1) State and local govern-ments have a special role to play under the National Trails System Act in acquir-ing and developing trails for recre-ation and conservation purposes.

(2) Many miles of public land rights-of-way have been granted to the railroads by the United States, and much of this mileage could be suitable for trail use at such time as it may be abandoned.

(3) The United States should retain any residual interest it may have in such public land rights-of-way and relinquish it, where appropriate, in favor of State and local governments or other nonprofit entities for trail purposes. (16 U.S.C. 1248(note))

National Trails System Act Amendments

Sec. 3. Section 9 of the National Trails System Act (16 U.S.C. 1248) is amended by adding the following new subsections after subsection (b): (see P.L. 90-543)

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Condemnation

Sec. 5. (a) Nothing in this Act shall be construed as authorizing the Secretary of the Interior to use con-demnation proceedings to retain or acquire all or any portion of a right-of-way described in this Act.

(b) Nothing in this Act shall be construed to expand or diminish existing condemnation authorities contained in the National Trails System Act, as amended. (16 U.S.C. 1248(note))

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