205 



rights-of-way should be acquired in fee, if other 

 methods of public control are not sufficient to as- 

 sure their use for the purpose for which they are 

 acquired: Proinded That if the Secretary charged 

 with the administration of such trail permanently 

 relocates the right-of-way and disposes of all title 

 or interest in the land, the original owner, or his 

 heirs or assigns, shall be offered, by notice given at 

 the former owner's last known address, the right of 

 first refusal at the fair market price. 



(f) Exchange of property within the right-of-way by 

 Secretary of Interior; property subject to ex- 

 change; equalization of value of property; ex- 

 change of national forest lands by .Secretary of 

 Agriculture. 



The Secretary of the Interior, in the exercise of 

 his exchange authority, may accept title to any non- 

 Federal property within the right-of-way and in ex- 

 change therefor he may convey to the grantor of 

 such property any federally owned property under 

 his jurisdiction which is located in the State wherein 

 such property is located and which he classifies as 

 suitable for exchange or other disposal. The values 

 of the properties so exchanged either shall be ap- 

 proximately equal, or if they are not approximately 

 equal the values shall be equalized by the payment 

 of cash to the grantor or to the Secretary as the 

 circumstances require. The Secretary of Agricul- 

 ture, in the exercise of his exchange authority, may 

 utilize authorities and procedures available to him in 

 connection with exchanges of national forest lands. 



(g) Condemnation proceedings to acquire private 

 lands; limitations; availability of funds for ac- 

 quisition of lands or interests therein. 



The appropriate Secretary may utilize condem- 

 nation proceedings without the consent of the 

 owner to acquire private lands or interests therein 

 pursuant to this section only in cases where, in his 

 judgment, all reasonable efforts to acquire such lands 

 or interests therein by negotiation have failed, and 

 in such cases he shall acquire only such title as, in 

 his judgment, is reasonably necessary to provide pas- 

 sage across such lands: Provided, That condemna- 

 tion proceedings may not be utilized to acquire fee 

 title or lesser interests to more than twenty-five acres 

 in any one mile and when used such authority shall 

 be limited to the most direct or practicable con- 

 necting trail right-of-way: Provided further. That 

 condemnation is prohibited with respect to all ac- 

 quisition of lands or interest in lands for the pur- 

 poses of the Pacific Crest Trail. Money appropriated 

 for Federal purposes from the land and water con- 

 servation fund shall, without prejudice to appropria- 

 tions from other sources, be available to Federal de- 

 partments for the acquisition of lands or interests in 

 lands for the purposes of this chapter. 



(h) Development and maintenance of national recrea- 

 tion or scenic trails; cooperation with the states 

 over portions located outside of federally admin- 

 istered areas; cooperative agreements; reserva- 

 tion of right-of-way for trails in conveyances by 

 Secetary of Interior. 



The Secretary charged with the administration 



of a national recreation or scenic trail shall provide 



for the development and maintenance of such trails 



within federally administered areas and shall coop- 

 erate with and encourage the States to operate, de- 

 velop, and maintain portions of such trails which 

 are located outside the boundaries of federally ad- 

 ministered areas. When deemed to be in the public 

 interest, such Secretary may enter written coop- 

 erative agreements with the States or their political 

 subdivisions, landowners, private organizations, or 

 individuals to operate, develop, and maintain any 

 portion of a national scenic trail either within or 

 outside a federally administered area. 



Whenever the Secretary of the Interior makes any 

 conveyance of land under any of the public land 

 laws, he may reserve a nght-of-way for trails to 

 the extent he deems necessary to carry out the pur- 

 poses of this chapter. 



(i) Regulations; issuance; concurrence and consulta- 

 tion; revision; publication; violations; penalties. 

 The appropriate Secretary, with the concurrence 

 of the heads of any other Federal agencies adminis- 

 tering lands through which a national recreation or 

 scenic trail passes, and after consultation with the 

 States, local governments, and organizations con- 

 cerned, may issue regulations, which may be re- 

 vised from time to time, governing the use, protec- 

 tion, management, development, and administra- 

 tion of trails of the national trails system. In order 

 to maintain good conduct on and along the trails 

 located within federally administered areas and to 

 provide for the proper goverrunent and protection of 

 such trails, the Secretary of the Interior and the 

 Secretary of Agriculture shall prescribe and publish 

 such uniform regulations as they deem necessary 

 and any person who violates such regulations shall 

 be guilty of a misdemeanor, and may be punished 

 by a fine of not more than $500, or by imprisonment 

 not exceeding six months, or by both such fine and 

 imprisonment. (Pub. L. 90-543. § 7, Oct. 2, 1968. 82 

 SUt. 922.) 



§ 1247. State and local area recreation trails. 



(a) Secretary of Interior to encourage states, political 

 subdivisions, and private interests; financial as- 

 sistance for state and local projects. 



The Secretary of the Interior is directed to en- 

 courage States to consider, in their comprehensive 

 statewide outdoor recreation plans and proposals for 

 financial assistance for State and local projects sub- 

 mitted pursuant to the Land and Water Conserva- 

 tion Fund Act, needs and opportunities for estab- 

 lishing park, forest, and other recreation trails on 

 lands owned or administered by States, and recrea- 

 tion trails on lands in or near urban areas. He is 

 further directed, in accordance with the authority 

 contained in the Act of May 28. 1963, to encourage 

 States, political subdivisions, and private interests, 

 including nonprofit organizations, to establish such 

 trails. 



(b) Secretary of Housing and Urban Development to 

 encourage metropolitan and other urban areas; 

 administrative and financial assistance in connec- 

 tion with recreation and transportation planning; 

 administration of urban open-space program. 



The Secretary of Housing and Urban Develop- 



