May 28, 1963, Public Law 88-29 at 16 U.S.C. 4601 et seq.

See sections 2(a), (d), (e), (f), (g), and (h).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds and declares it to be desirable that all American people of present and future generations be assured adequate outdoor recreation resources, and that it is desirable for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of the American people.

SEC 2. In order to carry out the purposes of this Act, the Secretary of the Interior is authorized to perform the following functions and activities:

(a) INVENTORY. --Prepare and maintain a continuing inventory and evaluation of outdoor recreation needs and resources of the United States.

(b) CLASSIFICATION. --Prepare a system for classification of outdoor recreation resources to assist in the effective and beneficial use and management of such resources.

(c) NATIONWIDE PLAN. --Formulate and maintain a comprehensive nationwide outdoor recreation plan, taking into consideration the plans of the various Federal agencies, States, and their political subdivisions.

(d) TECHNICAL ASSISTANCE. --Provide technical assistance and advice to and cooperate with States, political subdivisions, and private interests, including nonprofit organizations, with respect to outdoor recreation.

(e) REGIONAL COOPERATION. --Encourage interstate and regional cooperation in the planning, acquisition, and development of outdoor recreation resources.

(f) RESEARCH AND EDUCATION. --Sponsor, engage in, and assist in research relating to outdoor recreation, directly or by contract or cooperative agreements, and to make payments for such purposes without regard to the limitations of section 3648 of the Revised Statutes (31 U.S.C. 529) concerning the advances of funds when he considers such action in the public interest, (2) undertake studies and assemble information concerning outdoor recreation, directly or by contract or cooperative agreement, and disseminate such information with regard to the provisions of section 3204, title 39, United States Code, and (3) cooperate with educational institutions and others in order to assist in establishing education programs and activities and to encourage public use and benefits from outdoor recreation.

(g) INTERDEPARTMENTAL COOPERATION. --(1) Cooperate with and provide technical assistance to Federal departments and agencies and obtain from them information, data, reports, advice, and assistance that are needed and can reasonably be furnished in carrying out the purposes of this Act, and (2) promote coordination of Federal plans and activities generally relating to outdoor recreation. Any department or agency furnishing advice or assistance hereunder may expand its own funds for the such purposes, with or without reimbursement, as may be agreed to by that agency.

(h) DONATION. --Accept and use donations of money, property, personal services, or facilities for the purposes of this Act.

Sec. 3. In order further carry out the policy declared in section 1 of this Act, the heads of the Federal departments and independent agencies having administrative responsibility over activities or resources the conduct or use of which is pertinent to fulfillment of that policy shall, either individually or has a group, (a) consult, with and be consulted by the Secretary from time to time both with respect to their conduct of those activities and their use of those resources and with respect to the activities with the Secretary of the Interior carries on under authority of this Act which are pertinent to their work, and (b) carry out such responsibilities in general conformance with the nationwide plan authorized under section 1(c) of this Act.

Sec. 4. As used in this Act, the term “United States” shall include the District of Columbia and the terms “United States” and “states” may, to the extent practicable, include the Commonwealth of Puerto Rico, the Virgin Islands, Guam, America Samoa, the trust territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

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Sept. 3, 1964, Public Law 88-578, 16 U.S.C. 460d et seq. as amended.

link to: http://www.access.gpo.gov/uscode/title16/chapter1_subchapterlxix_partb_.html

US Code

TITLE 16--CONSERVATION

CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES

SUBCHAPTER LXIX--OUTDOOR RECREATION PROGRAMS

PART B--LAND AND WATER CONSERVATION FUND

An Act to establish a land and water conservation fund to assist the states and federal agencies in meeting present and future outdoor recreation demands and needs of the American people and for other purposes. See Section 460 L-4.

3. National Wild and Scenic Rivers Act

October 2, 1968, Public Law 90-542, 16 U.S.C. 1271 et seq. as amended.

link to: http://www.nps.gov/rivers/wsract.html

An Act to provide for a National Wild and Scenic Rivers System, and for other purposes. See Sections 11(a) and 11(b).

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4. National Trails System Act

October 2, 1968, Public Law 90-543, 16 U.S.C. 1241 et seq. as amended.

link to: http://www4.law.cornell.edu/uscode/16/1244.html

An Act To establish a national trails system, and for other purposes. See Sections 2(c), 8(a), and 11(a)

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Link to: http://elips.doi.gov/ELIPS/release/3350.htm

Effective Date: 1/19/01

Series: Delegation

Part 245: National Park Service

Chapter 1: General Program Delegation, Director, National Park Service

Originating Office: National Park Service

245 DM 1

1.1 Delegation.

A. The Director is authorized, except as provided in 200 DM 1, to exercise the program authority of the Secretary of the Interior with respect to the supervision, management, and operation of the National Park System.

B. The Director is authorized to exercise the authority of the Secretary of the Interior to issue such rules and regulations as would amend by addition, revision, or revocation, regulations contained in Chapter 1, Title 36, Code of Federal Regulations, and Title 43, Code of Federal Regulations in so far as it relates to the National Recreation Areas of the National Park System.

C. The Director is delegated the Secretary’s authority:

(1) To carry out the purposes of the Wild and Scenic Rivers Act (82 Stat. 906; 16 U.S.C. 1271 et seq.) and the National Trails System Act (82 Stat. 919; 16 U.S.C. 1241 et seq.) regarding additions to and evaluations of components of the systems and, in accordance with

710 DM 1, the selection and location of boundaries, property acquisition, development, and administration of assigned components of the systems.

(2) For enforcement as specified in Section 8 (b) of the Wild Free-Roaming Horse and Burro Act of 1971 (85 Stat. 649; 16 U.S.C. 1331-1340). This authority will be exercised in accordance with the provisions of 633 DM 1.

(3) For enforcement of the conditions and provisions of the Act of December 19, 1913; 38 Stat. 242, Chapter 4 (Raker Act) for those parts of right-of-way grants within Yosemite National Park.

(4) For carrying out the provisions of the Act of June 23, 1936 (49 Stat.1894; 16 U.S.C. 17k-17n) relating to the study and planning of park, parkway, and recreational facilities throughout the United States except as provided in 245 DM 1.2.

(5) For performing the requirements of Sections 2 and 3 of the Act of May 28, 1963 (77 Stat. 49; 16 U.S.C. 4601-1 and 2) concerning the coordination and development of effective programs related to outdoor recreation.

(6) For carrying out the provisions of Section 809(b) of the Railroad Revitalization and Regulatory Reform Act (90 Stat. 31) relating to the conversion of abandoned railroad rights-of-way to recreation and conservation uses.

(7) For carrying out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4 through 1-11) and Sections 6 and 7 of Executive Order 11200 including the reporting requirements found in Sections 4601-6a(h) and 4601-10d of Title 16 U.S.C.

(8) To assist the Department of Defense in developing public recreation facilities on military lands as provided in the Act of August 8, 1968, as amended (16 U.S.C. 670c).

(9) To review transportation projects for their possible impact on public parks, recreation areas, or historic sites as provided in the Department of Transportation Act, as amended (P.L. 89-670, dated October 15, 1966; 49 U.S.C. 1653(f)).

(10) To dispose of Federal surplus real property to States and political subdivisions thereof for public park and recreational purposes as provided in the Act of October 22, 1970 (84 Stat. 1084; 40 U.S.C. 484(k) (2)).

(11) To grant permits for archeological and paleontological explorations on all Federally-owned or -controlled lands excluding those under the jurisdiction of the Department of Agriculture.

(12) To carry out the purposes of the Historic Sites Act of 1935, as amended, and administer the National Historic and Natural Landmarks Programs and perform related reporting requirements (49 Stat. 666; 94 Stat. 2987; Sections 461-467, 470-470=, and 1a-5 of 16 U.S.C.)

(13) To review and approve Architectural, Use, and Financial Plans of applicants for surplus historic Federal real property prior to its disposal by the General Services Administration pursuant to Section 203 (k)(3) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484 (k) (3)).

(14) To serve on the Board of Trustees of the National Trust for Historic Preservation pursuant to Section 3 of the Act of October 26, 1949 (63 Stat. 927; 16 U.S.C. 468(b)).

(15) To maintain the National Register of Historic Places, administer the Historic Preservation Fund Program, and perform related reporting requirements (94 Stat. 2987; 80 Stat. 915, as amended; 16 U.S.C. 470-470f and 470h; 16 U.S.C. 1a-5; Section 3 of Executive Order 11593) except as provided in 245 DM 1.2.

(16) Related to the preservation of historical and archeological data (including relics and specimens) which might otherwise be lost as the result of the construction of a dam (16 U.S.C. 469-469c).

(17) To certify historic district statutes and State and local districts, significance of historic structures, and rehabilitations of historic structures in connection with Federal historic preservation tax incentives pursuant to Section 48(g) and 170(h) of the Internal Revenue Code of 1986.

(18) To carry out the purposes of the National Parks and Recreation Act of 1978 (92 Stat. 3467) related to the study of unutilized, underutilized, or excess Federal property (Section 303(c) of the Act) and the establishment of an urban park and recreation recovery program (Sections 1001-1015 of the Act).

(19) To review the historical, archeological, and natural science aspects of regional or river basin planning sponsored by the Water Resources Council or a Federal agency and such planning undertaken by other governmental agencies or the private sector pursuant to a Federal grant, license, or permit.

(20) As provided in Section 9 of the Act of September 28, 1976, (90 Stat. 1343; 16 U.S.C. 1908) regarding possible adverse impact of surface mining activities on designated natural or historic landmarks.

(21) As provided by the National Historic Preservation Act, as amended, December 12, 1980, P.L. 96-515, (16 U.S.C. 470), to release grants to the National Trust for Historic Preservation subsequent to appropriation of funds by the Congress of the United States.

(22) For carrying out the provisions of the Act of June 5, 1978, 16 U.S.C. 410cc relating to the administration of the Lowell Historic Preservation District.

1.2 Limitations. The following authority is not delegated in the general authority listed in

245 DM 1.1:

A. Any action to be taken with the approval or concurrence of the President, or the head of any department or independent agency of the Government.

B. Authority related to functions and responsibilities under the Act of June 23, 1936 (49 Stat. 1894), which have been or may be reserved by the Secretary.

C. Making final apportionments of Land and Water Conservation funds to the individual States as required by the factors and formulas specified by the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4 et seq.).

D. Establishing the criteria to be followed by the States in preparation of Statewide historic surveys and plans, and making final apportionments of funds among the States for such surveys and plans, and for projects in the approved plans as prescribed in Title I of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470).

1/19/01 #3359

Replaces 9/14/88 #2811

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6. Executive Order 13195

January 18, 2001

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in furtherance of purposes of the National Trails System Act of 1968, as amended (16 U.S.C. 1241-1251), the Transportation Equity Act for the 21st Century (Public Law 105-178), and other pertinent statutes, and to achieve the common goal of better establishing and operating America's national system of trails, it is hereby ordered as follows:

Section 1. Federal Agency Duties. Federal agencies will, to the extent permitted by law and where practicable -- and in cooperation with Tribes, States, local governments, and interested citizen groups -- protect, connect, promote, and assist trails of all types throughout the United States. This will be accomplished by:

(a) Providing trail opportunities of all types, with minimum adverse impacts and maximum benefits for natural, cultural, and community resources;

(b) Protecting the trail corridors associated with national scenic trails and the high priority potential sites and segments of national historic trails to the degrees necessary to ensure that the values for which each trail was established remain intact;

(c) Coordinating maps and data for the components of the national trails system and Millennium Trails network to ensure that these trails are connected into a national system and that they benefit from appropriate national programs;

(d) Promoting and registering National Recreation Trails, as authorized in the National Trails System Act, by incorporating where possible the commitments and partners active with Millennium Trails;

(e) Participating in a National Trails Day the first Saturday of June each year, coordinating Federal events with the National Trails Day's sponsoring organization, the American Hiking Society;

(f) Familiarizing Federal agencies that are active in tourism and travel with the components of a national system of trails and the Millennium Trails network and including information about them in Federal promotional and outreach programs;

(g) Fostering volunteer programs and opportunities to engage volunteers in all aspects of trail planning, development, maintenance, management, and education as outlined in 16 U.S.C. 1250;

(h) Encouraging participation of qualified youth conservation or service corps, as outlined in 41 U.S.C. 12572 and 42 U.S.C. 12656, to perform construction and maintenance of trails and trail-related projects, as encouraged in sections 1108(g) and 1112(e) of the Transportation Equity Act for the 21st Century, and also in trail planning protection, operations, and education;

(i) Promoting trails for safe transportation and recreation within communities;

(j) Providing and promoting a wide variety of trail opportunities and experiences for people of all ages and abilities;

(k) Providing historical interpretation of trails and trail sites and enhancing cultural and heritage tourism through special events, artworks, and programs; and

(l) Providing training and information services to provide high-quality information and training opportunities to Federal employees, Tribal, State, and local government agencies, and the other trail partners.

Sec. 2. The Federal Interagency Council on Trails. The Federal Interagency Council on Trails (Council), first established by agreement between the Secretaries of Agriculture and the Interior in 1969, is hereby recognized as a long-standing interagency working group. Its core members represent the Department of the Interior's Bureau of Land of Management and National Park Service, the Department of Agriculture's Forest Service, and the Department of Transportation's Federal Highway Administration. Other Federal agencies, such as those representing cultural and heritage interests, are welcome to join this council. Leadership of the Council may rotate among its members as decided among themselves at the start of each fiscal year. The Council's mission is to coordinate information and program decisions, as well as policy recommendations, among all appropriate Federal agencies (in consultation with appropriate nonprofit organizations) to foster the development of America's trails through the following means:

(a) Enhancing federally designated trails of all types (e.g., scenic, historic, recreation, and Millennium) and working to integrate these trails into a fully connected national system;

(b) Coordinating mapping, signs and markers, historical and cultural interpretations, public information, training, and developing plans and recommendations for a national trails registry and database;

(c) Ensuring that trail issues are integrated in Federal agency programs and that technology transfer and education programs are coordinated at the national level; and

(d) Developing a memorandum of understanding among the agencies to encourage long-term interagency coordination and cooperation to further the spirit and intent of the National Trails System Act and related programs.

Sec. 3. Issue Resolution and Handbook for Federal Administrators of the National Trails System. Federal agencies shall together develop a process for resolving interagency issues concerning trails. In addition, reflecting the authorities of the National Trails System Act, participating agencies shall coordinate preparation of (and updates for) an operating handbook for Federal administrators of the National Trails System and others involved in creating a national system of trails. The handbook shall reflect each agencies' governing policies and provide guidance to each agencies' field staff and partners about the roles and responsibilities needed to make each trail in the national system fully operational.

Sec. 4. Observance of Existing Laws. Nothing in this Executive Order shall be construed to override existing laws, including those that protect the lands, waters, wildlife habitats, wilderness areas, and cultural values of this Nation.

Sec. 5. Judicial Review. This order is intended only to improve the internal management of the executive branch. It does not create any right or benefit, substantive or procedural, enforceable in law or equity by any party against the United States, its agencies, its officers or employees, or any other person.

WILLIAM J. CLINTON

THE WHITE HOUSE

January 18, 2001

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