* Act of December 18, 1991 (P.L. 102-240, Title I, Subpart B, 105 Stat. 2064; 16 U.S.C. 1261(note), 1261, 1262)

PART B-NA-TIONAL RECRE-ATIONAL TRAILS FUND ACT

Short Title

Sec. 1301. This part may be cited as the "Symms National Rec-reational Trails Act of 1991". (16 U.S.C. 1261(note))

National Recreational Trails Funding Program

Sec. 1302. (a) In general.-The Secretary, in consultation with the Secretary of the Interior, using amounts available in the Fund, shall administer a program allocating moneys to the States for the pur-poses of providing and maintain-ing recreational trails.

(b) Statement of Intent.-Mon-eys made available under this part are to be used on trails and trail-related projects which have been planned and developed under the otherwise existing laws, policies and adminis-trative proce-dures within each State, and which are identified in, or which further a specific goal of, a trail plan included or refer-enced in a State-wide Com-prehensive Outdoor Rec-reation Plan required by the Land and Water Conservation Fund Act.

(c) State Eligibility.-

(1) Transitional provision.- Until the date that is 3 years after the date of enactment of this part, a State shall be eligible to receive moneys under this Act only if such State's application proposes to use the mon-eys as provided in subsec-tion (e).

(2) Permanent provision.-On and after the date that is three years after the date of the enactment of this Act, a State shall be eligible to receive moneys under this part only if-

(A) a recreational trail advi-sory board on which both mo-torized and nonmotorized recreational trail users are represented exists within the State;

(B) in the case of a State that imposes a tax on nonhighway recreational fuel, the State by law reserves a reasonable estimation of the revenues from that tax for use in providing and maintaining recre-ation-al trails;

(C) the Governor of the State has designated the State offi-cial or officials who will be respon-sible for administering mon-eys received under this Act; and

(D) the State's application proposes to use moneys received under this part as provided in sub-section (e).

(d) Allocation of Moneys in the Fund.-

(1) Ad-ministrative costs.-No more than 3 percent of the expendi-tures made annually from the Fund may be used to pay the cost to the Secretary for-

(A) approving applica-tions of States for moneys under this part; (B) paying expens-es of the National Recreational Trails Adviso-ry Committee;

(C) conducting national surveys of nonhighway recreational fuel consumption by State, for use in making determinations and estima-tions pursuant to this part; and

(D) if any such funds remain unexpended, research on methods to accommodate multiple trail uses and increase the compatibility of those uses, information dissemination, technical assistance, and preparation of a national trail plan as required by the National Trails System Act (16 U.S.C. 1241 et al.). (2) Allocation to States.-

(A) Amount.-Amounts in the Fund remaining after payment of the administrative costs described in paragraph (1), shall be allocated and paid to the States annual-ly in the following proportions:

(i) Equal amounts.-50 per-cent of such amounts shall be allo-cat-ed equally among eligible States.

(ii) Amounts Proportionate to Nonhighway Recre-ational Fuel Use.-50 percent of such amounts shall be allocated among eligible States in propor-tion to the amount of nonhighway recre-ational fuel use during the pre-ceding year in each such States respec-tive-ly.

(B) Use of data.-In de-ter-mining amounts of nonhighway recre-ational fuel use for the purpose of sub-paragraph (A)(ii), the Secre-tary may consid-er data on off-high-way vehi-cle registrations in each State.

(3) Limitation on obligations.-The provisions of para-graphs (1) and (2) not-withstand-ing, the total of all obligations for recre-ational trails under this section shall not ex-ceed-

(A) $30,000,000 for fiscal year 1992;

(B) $30,000,000 for fiscal year 1993;

(C) $30,000,000 for fiscal year 1994;

(D) $30,000,000 for fiscal year 1995;

(E) $30,000,000 for fiscal year 1996; and

(F) $30,000,000 for fiscal year 1997;

(e) Use of allocated moneys.-

(1) Permissible uses.-A State may use moneys received under this part for-

(A) in an amount not ex-ceeding 7 percent of the amount of moneys received by the State, ad-ministrative costs of the State; (B) in an amount not ex-ceeding 5 percent of the amount of moneys received by the State, oper-ation of environmental protection and safety educa-tion pro-grams relat-ing to the use of recre-ational trails; (C) de-velopment of urban trail linkages near homes and workplaces;

(D) mainte-nance of existing recre-ational trails, including the grooming and maintenance of trails across snow;

(E) restoration of areas damaged by usage of recre-ational trails and back coun-try terrain;

(F) development of trail-side and trailhead facilities that meet goals identified by the National Recreational Trails Advisory Com-mittee;

(G) provision of features which facilitate the access and use of trails by persons with disabilities; (H) acquisition of ease-ments for trails, or for trail corridors iden-tified in a State trail plan;

(I) acquisition of fee simple title to property from a willing seller, when the objective of the acquisi-tion cannot be accomplished by acquisi-tion of an easement or by other means;

(J) con-struc-tion of new trails on State, county, munici-pal, or private lands, where a recreational need for such construction is shown; and

(K) only as otherwise permissible, and where necessary and required by a State Comprehensive Outdoor Recreation plan, construction of new trails crossing Federal lands, where such construction is approved by the administering agency of the State, and the Federal agency or agencies charged with management of all impacted lands, such approval to be contingent upon compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Forest and Range-land Renew-able Resources Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.), and the Feder-al Land Policy and Man-agement Act (43 U.S.C. 1701 et seq.).

(2) Use not permitted.-A State may not use moneys re-ceived under this part for-

(A) condemnation of any kind of interest in property; (B)(i) construction of any recre-ational trail on National Forest System lands for motorized uses unless such lands-

(I) have been allocated for uses other than wilderness by an approved Forest land and resource manage-ment plan or have been released to uses other than wilder-ness by an Act of Congress, and

(II) such con-struction is oth-er-wise con-sistent with the man-age-ment direc-tion in such ap-proved land and re-source man-age-ment plan; or

(ii) con-struc-tion of any recre-ation-al trail on Bureau of Land Management lands for motorized uses unless such lands-

(I) have been allocated for uses other than wilderness by an approved Bureau of Land Management resource management plan or have been released to uses other than wilderness by an Act of Congress, and

(II) such construction is otherwise consistent with the management direction in such approved management plans; or

(C) upgrading, expanding, or otherwise facilitating motorized use or access to trails predominantly used by nonmotorized trail users and on which, as of May 1, 1991, motorized use is either prohibited or has not occurred.

(3) Grants.-

(A) In general.-A State may provide moneys received under this part to make grants to private individuals, organizations, city and county governments, and other government entities as approved by the State after considering guidance from the recre-ational trail advisory board satisfying the require-ments of sub-section (c)(2)(A), for uses con-sistent with this section.

(B) Compliance.-A State that issues such grants under sub-para-graph

(A) shall establish measures to verify that recipients comply with the specified conditions for the use of grant mon-eys.

(4) Assured ac-cess to funds.- Except as provid-ed under para-graphs (6) and (8)(B), not less than 30 percent of the moneys re-ceived annually by a State under this part shall be reserved for uses relating to motorized recreation, and not less than 30 percent of those moneys shall be reserved for uses relating to non-motorized recreation.

(5) Diversified trail use.-(A) Requirement.-To the extent practicable and consistent with other requirements of this section, a State shall expend moneys received under this part in a manner that gives preference to project proposals which-

(i) provide for the greatest number of compatible recreational purposes including, but not limited to, those described under the definition of "recreational trail" in subsection (g)(5); or

(ii) provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized recreational trail use. This paragraph shall remain effective until such time as a State has allocated not less than 40 percent of moneys received under this part in the aforementioned manner.

(B) Compliance.-The State shall receive guidance for determining compliance with subparagraph (A) from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A).

(6) Small state exclusion.- Any State with a total land area of less than 3,500,000 acres, and in which nonhighway recreational fuel use accounts for less than 1 percent of all such fuel use in the United States, shall be exempted from the requirements of para-graph (4) of this subsection upon applica-tion to the Secretary by the State demon-strating that it meets the conditions of this para-graph.

(7) Continuing recreational use.-At the option of each State, moneys made available pursuant to this part may be treated as Land and Water Conservation Fund moneys for the purposes of section 6(f)(3) of the Land and Water Conservation Fund Act.

(8) Return of moneys not expended.-

(A) Except as provided in subparagraph (B), moneys paid to a State that are not expended or dedicated to a specific project within 4 years after receipt for the purposes stated in this subsection shall be returned to the Fund and shall thereafter be reallocated under the formula stated in subsection (d).

(B) If approved by the State recreational trail advisory board satisfying the requirements of subsection (c)(2)(A), may be exempted from the requirements of paragraph (4) and expended or committed to projects for purposes otherwise stated in this subsection for a period not to extend beyond 4 years after receipt, after which any remaining moneys not expended or dedicated shall be returned to the Fund and shall thereafter be reallocated under the formula stated in subsection (d).

(f) Coordination of Activities.-

(1) Cooperation by Federal Agencies.-Each agency of the United States Government that manages land on which a State proposes to construct or maintain a recreation trail pursuant to this part is encour-aged to cooperate with the State and the Secretary in planning and carry-ing out the activities de-scribed in subsection (e). Nothing in this part diminishes or in any way alters the land management responsibilities, plans and policies established by such agencies pursuant to other applicable laws.

(2) Cooperation by private persons.-

(A) Written assurances.-As a condition to making available moneys for work on recreational trails that would affect privately owned land, a State shall obtain written assurances that the owner of the property will cooperate with the State and participate as necessary in the activities to be conducted.

(B) Public access.-Any use of a State's allocated moneys on private lands must be accompanied by an easement or other legally binding agreement that en-sures public access to the recreational trail improve-ments funded by those moneys.

(g) Definitions.-For the pur-poses of this section-

(1) Eligi-ble State.-The term "eli-gible State" means a State that meets the re-quirements stated in subsection (c).

(2) Fund.-The term "Fund" means the National Recre-ational Trails Trust Fund es-tablished by section 9511 of the Internal Reve-nue Code of 1986.

(3) Nonhighway Recreational Fuel.-The term "nonhighway recre-ational fuel" has the meaning stated in section 9503(c)(6) of the Internal Revenue Code of 1986.

(4) Secretary.-The term "Sec-retary" means the Secretary of Transportation.

(5) Recreational trail.-The term "recreational trail" means a thoroughfare or track across land or snow, used for recreational purposes such as bicycling, cross-country skiing, day hiking, equestrian activi-ties, jogging or similar fitness activi-ties, trail biking, overnight and long-distance backpacking, snowmobil-ing, aquatic or water activity and vehicular travel by motorcycle, four-wheel drive or all-terrain off-road vehicles, without regard to whether it is a "National Recreation Trail" designated under section 4 of the National Trails System Act (16 U.S.C. 1243).

(6) Motorized recreation.-The term "motorized recreation" may not include motor-ized convey-ances used by persons with disabili-ties, such as self-pro-pelled wheel-chairs, at the discretion of each State. (16 U.S.C. 1261)

National Recreational Trails Advi-so-ry Committee

Sec. 1303. (a) Establishment.- There is established the National Recreational Trails Advisory Com-mittee. (b) Members.-There shall be 11 members of the advisory com-mittee, consisting of-

(1) 8 members appointed by the Secretary from nominations submitted by recreational trail user organizations, one each representing the following recreational trail uses:

(A) hiking,

(B) cross-country skiing,

(C) off-highway motorcycling,

(D) snowmobiling,

(E) horseback riding,

(F) all-terrain vehicle riding,

(G) bicycling, and

(H) four-wheel driving;

(2) an appropriate official of government with a background in science or natural resources manage-ment, including any official of State or local government, designated by the Secretary;

(3) 1 member appointed by the Secretary from nominations submit-ted by water trail user organizations; and

(4) 1 member appointed by the Secretary from nominations submit-ted by hunting and fishing enthusi-ast orga-nizations.

(c) Chairman.-The Chair of the advisory commit-tee shall be the government official referenced in subsection (b)(2), who shall serve as a non-voting member.

(d) Support for committee action.-Any action, recommenda-tion, or policy of the advisory com-mittee must be supported by at least five of the members appointed un-der subsection (b)(1).

(e) Terms.-Members of the adviso-ry committee appointed by the Secretary shall be appointed for terms of three years, except that the members filling five of the eleven positions shall be initially appointed for terms of two years, with subsequent appointments to those positions extending for terms of three years.

(f) Duties.-The advisory committee shall meet at least twice annually to-

(1) review utilization of allocated moneys by States;

(2) establish and review criteria for trail-side and trail-head facilities that qualify for funding under this part; and

(3) make recom-menda-tions to the Secretary for changes in Federal policy to ad-vance the pur-poses of this part.

(g) Annual report.-The adviso-ry committee shall pres-ent to the Sec-retary an annual report on its activi-ties.

(h) Reimburse-ment for expenses.-Nongovern-mental members of the advisory committee shall serve without pay, but, to the ex-tent funds are available pursuant to section 1302(d)(1)(B), shall be enti-tled to reimburse-ment for travel, subsis-tence, and other necessary expenses incurred in the perfor-mance of their duties.

(i) Report to Congress.- Not later than 4 years after the date of the enactment of this Act, the Secre-tary shall pre-pare and sub-mit to the Commit-tee on Envi-ronment and Public Works of the Senate, and the Committee on Public Works and Transporta-tion of the House of Representa-tives, a study which summarizes the annual reports of the National Recreational Trails Advisory Committee, de-scribes the alloca-tion and utilization of moneys under this part, and contains recommendations for changes in Federal policy to advance the purposes of this part. (16 U.S.C. 1262)