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(4) The term "without expense to the United States” means that no funds may be expended by Federal agencies for the development of trail related facilities or for the acquisition of lands or interests in lands outside the exterior boundaries of Federal areas. For the purposes of the preceding sentence, amounts made available to any State or political subdivision under the Land and Water Conservation Fund Act of 1965 or any other provision of law shall not be treated as an expense to the United States.
B. NATIONAL RECREATIONAL TRAILS FUND
Symms National Recreational Trails Act of 1991
(part B of title I of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102–240; Approved December 18, 1991))
PART B-NATIONAL RECREATIONAL TRAILS FUND ACT
SEC. 1301. (16 U.S.C. 1261 note) SHORT TITLE.
This part may be cited as the "Symms National Recreational Trails Act of 1991”. SEC. 1302. (16 U.S.C. 1261) NATIONAL RECREATIONAL TRAILS FUNDING
PROGRAM. (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 purposes of providing and maintaining recreational trails.
(b) STATEMENT OF INTENT.—Moneys 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 administrative procedures within each State, and which are identified in, or which further a specific goal of, a trail plan included or referenced in a Statewide Comprehensive Outdoor Recreation Plan required by the Land and Water Conservation Fund Act 1. (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 part only if such State's application proposes to use the moneys as provided in subsection (e).
(2) PERMANENT PROVISION.-On and after the date that is three years after the date of the enactment of this part, a State shall be eligible to receive moneys under this part only if
(A) a recreational trail advisory board on which both motorized and nonmotorized recreational trail users are represented exists within the State;
(B) the Governor of the State has designated the State official or officials who will be responsible for administering moneys received under this part; and
(C) the State's application proposes to use moneys received under this part as provided in subsection (e). (3) FEDERAL SHARE.
1 With regard to subsection (b), see section 6(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–8) for the requirements for, and elements of, a “comprehensive statewide outdoor recreation plan”.
(A) PRIOR TO FISCAL YEAR 2001.—Prior to October 1, 2000, the Federal share of the cost of a project under this section shall be 50 percent.
(B) FISCAL YEAR 2001 AND THEREAFTER.–For fiscal year 2001 and each fiscal year thereafter, a State shall be eligible to receive moneys under this part for a fiscal year only if the State agrees to expend from non-Federal sources for carrying out projects under this part an amount equal to 20 percent of the amount received by the
State under this part in that fiscal year. (d) ALLOCATION OF MONEYS IN THE FUND.
(1) ADMINISTRATIVE COSTS.—No more than 3 percent of the expenditures made annually from the Fund may be used to pay the cost to the Secretary for
(A) approving applications of States for moneys under this part;
(B) paying expenses of the National Recreational Trails Advisory Committee;
(C) conducting national surveys of nonhighway recreational fuel consumption by State, for use in making determinations and estimations pursuant to this part;
(D) contracting for services with other land management agencies; and
(E) 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).
(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 annually in the following proportions:
(i) EQUAL AMOUNTS.—50 percent of such amounts shall be allocated equally among eligible States.
(ii) AMOUNTS PROPORTIONATE TO NONHIGHWAY RECREATIONAL FUEL USE.—50 percent of such amounts shall be allocated among eligible States in proportion to the amount of nonhighway recreational fuel use during the preceding year in each such State, respec
amounts of nonhighway recreational fuel use for the purpose of subparagraph (A)(ii), the Secretary may consider data on off
highway vehicle registrations in each State. (3) LIMITATION ON OBLIGATIONS.—The provisions of paragraphs (1) and (2) notwithstanding, the total of all obligations for recreational trails under this section shall not exceed
(A) $30,000,000 for fiscal year 1992;
(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 exceeding 7 percent of the amount of moneys received by the State, administrative costs of the State;
(B) in an amount not exceeding 5 percent of the amount of moneys received by the State, operation of environmental protection and safety education programs relating to the use of recreational trails;
(C) development of urban trail linkages near homes and workplaces;
(D) maintenance of existing recreational trails, including the grooming and maintenance of trails across snow;
(E) restoration of areas damaged by usage of recreational trails and back country terrain;
(F) development of trail-side and trail-head facilities that meet goals identified by the National Recreational Trails Advisory Committee;
(G) provision of features which facilitate the access and use of trails by persons with disabilities;
(H) acquisition of easements for trails, or for trail corridors identified in a State trail plan;
(I) acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means;
(J) construction of new trails on State, county, municipal, 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 Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act (43 U.S.C. 1701
et seq.). (2) USE NOT PERMITTED.-A State may not use moneys received under this part for
(A) condemnation of any kind of interest in property;
(B)(i) construction of any recreational trail on National Forest System lands for motorized uses unless such lands
1 In subparagraph (K), the reference should be to a “comprehensive statewide outdoor recreation plan". See section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.