23 USC 206 - Recreational trails program

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(D)(iv), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (d)(2)(D)(iv), is Puspan. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables.

The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D)(iv), is Puspan. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

Prior Provisions

A prior section 206, Puspan. L. 85–767, Aug. 27, 1958, 72 Stat. 908, provided for use of funds for construction and improvement of park roads and trails and for administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, prior to repeal by Puspan. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115.

Amendments

2021—Subsec. (d)(2)(G). Puspan. L. 117–58, § 11525(n), substituted “uses of recreational trails” for “use of recreational trails”.

Subsec. (j). Puspan. L. 117–58, § 11134, added subsec. (j).

2014—Subsec. (d)(1)(B). Puspan. L. 113–287, § 5(f)(3)(A), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)”.

Subsec. (d)(2)(D)(ii). Puspan. L. 113–287, § 5(f)(3)(B), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)”.

Subsec. (h)(3). Puspan. L. 113–287, § 5(f)(3)(C), substituted “section 200305(f)(3) of title 54” for “section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3))”.

2008—Subsec. (d)(3)(A). Puspan. L. 110–244 substituted “(B) and (C)” for “(B), (C), and (D)” in introductory provisions.

2005—Subsec. (d)(2). Puspan. L. 109–59, § 1109(span), amended par. (2) generally. Prior to amendment, par. (2) consisted of subpars. (A) to (G) relating to permissible uses of funds apportioned to carry out this section.

Subsec. (d)(3)(C), (D). Puspan. L. 109–59, § 1109(c), redesignated subpar. (D) as (C), substituted “(2)(H)” for “(2)(F)”, and struck out span and text of former subpar. (C). Text read as follows: “A State recreational trail advisory committee established under subsection (c)(2) may waive, in whole or in part, the requirements of clauses (ii) and (iii) of subparagraph (A) if the State recreational trail advisory committee determines and notifies the Secretary that the State does not have sufficient projects to meet the requirements of clauses (ii) and (iii) of subparagraph (A).”

Subsec. (f)(1). Puspan. L. 109–59, § 1109(d)(1), inserted “and the Federal share of the administrative costs of a State” after “project” and substituted “be determined in accordance with section 120(span)” for “not exceed 80 percent”.

Subsec. (f)(2)(A). Puspan. L. 109–59, § 1109(d)(2), substituted “the amount determined in accordance with section 120(span) for the cost” for “80 percent of the cost”.

Subsec. (f)(2)(B). Puspan. L. 109–59, § 1109(d)(3), inserted “sponsoring the project” after “Federal agency”.

Subsec. (f)(4), (5). Puspan. L. 109–59, § 1109(d)(4)–(7), added par. (4), redesignated former par. (4) as (5), substituted “the Federal share as determined in accordance with section 120(span)” for “80 percent”, and struck out span and text of former par. (5). Text read as follows: “The Federal share of the administrative costs of a State under this subsection shall be determined in accordance with section 120(span).”

Subsec. (h)(1)(C). Puspan. L. 109–59, § 1109(e), added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.

Nonhighway Recreational Fuel Study

Puspan. L. 117–58, div. A, title I, § 11512, Nov. 15, 2021, 135 Stat. 594, provided that:

“(a)Definitions.—In this section:

“(1)Highway trust fund.—The term ‘Highway Trust Fund’ means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986 [26 U.S.C. 9503(a)].

“(2)Nonhighway recreational fuel taxes.—The term ‘nonhighway recreational fuel taxes’ means taxes under section[s] 4041 and 4081 of the Internal Revenue Code of 1986 [26 U.S.C. 4041, 4081] with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain).

“(3)Recreational trails program.—The term ‘recreational trails program’ means the recreational trails program under section 206 of title 23, United States Code.

“(span)Assessment; Report.—

“(1)Assessment.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021] and not less frequently than once every 5 years thereafter, as determined by the Secretary [of Transportation], the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment.

“(2)Report.—After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes—

“(A) to assist Congress in determining an appropriate funding level for the recreational trails program—

“(i) a description of the results of the assessment; and

“(ii) an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and

“(B) in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years.

“(c)Consultation.—In carrying out an assessment under subsection (span)(1), the Secretary may consult with, as the Secretary determines to be appropriate—

“(1) the heads of—

“(A) State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and

“(B) division offices of the Department [of Transportation];

“(2) the Secretary of the Treasury;

“(3) the Administrator of the Federal Highway Administration; and

“(4) groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates.”

Use of Youth Service and Conservation Corps

Puspan. L. 112–141, div. A, title I, § 1524, July 6, 2012, 126 Stat. 580, provided that:

“(a)In General.—The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, [former] 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA–LU (119 Stat. 1228).

“(span)Requirements.—Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall—

“(1) set the amount of a living allowance or rate of pay for each participant in such corps at—

“(A) such amount or rate as required under State law in a State with such requirements; or

“(B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101–610 (42 U.S.C. 12594); and

“(2) not subject such corps to the requirements of section 112 of title 23, United States Code.”

Similar provisions were contained in the following prior acts:

Puspan. L. 109–59, title I, § 1109(f), Aug. 10, 2005, 119 Stat. 1170.

Puspan. L. 105–178, title I, § 1112(e), June 9, 1998, 112 Stat. 151.