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Archived Legislation Related to the RTP

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Other Legislation still in effect (no expiration date)

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

SEC. 1109(f). RECREATIONAL TRAILS PROGRAM.

  1. ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.--The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code.

Transportation Equity Act for the 21st Century (TEA-21)

SEC. 1112. RECREATIONAL TRAILS PROGRAM.

  1. IN GENERAL.--Chapter 2 of title 23, United States Code, is amended by inserting after section 205 the following: [See 23 U.S.C. 206 above]
  2. CONFORMING AMENDMENT.--The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 206 and inserting the following: "206. Recreational trails program.".
  3. REPEAL OF OBSOLETE PROVISION.--Section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is repealed.
  4. TERMINATION OF ADVISORY COMMITTEE.--Section 1303 of such Act (16 U.S.C. 1262) is amended by adding at the end the following:
    1. "TERMINATION.--The advisory committee established by this section shall terminate on September 30, 2000.".
  5. ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.--The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code.

SAFETEA-LU UPDATES

  1. SAFETEA-LU ENACTED
    The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) is in effect as of August 10, 2005.

    Here are the dollar figures for the Recreational Trails Program:
    FY 2004: apparently is a "done deal" with the amounts previously apportioned.
    FY 2005: $60 million. This is the current rate at which we have been doing the FY 2005 Advanced Apportionments: most States can expect approximately the same total as in FY 2004.
    FY 2006: $70 million
    FY 2007: $75 million
    FY 2008: $80 million
    FY 2009: $85 million

    Here are some highlights of RTP amendments. These are in effect as of August 10, 2005, the date of enactment.

    Sec 1109: Recreational Trails Program.

    (a) FHWA Administrative funds: specifically allows "training". Deletes obsolete reference to the National Recreational Trails Advisory Committee (which expired in 2000, and hasn't met since 1994). This means: FHWA has clear authority to support trail related training programs. FHWA Administrative funds will be $840,000 per year, not a 1.5% takedown.

    (b)(2)(F) Assessment of trail conditions for accessibility and maintenance. This means: You can fund a project to do Universal Trail Assessment Process or similar trail assessments as independent projects.

    (b)(2)(G) now the Education section: Development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to 1 or more of the use of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year. This means: you can use education funds to:

    • Develop and distribute safety and environmental protection brochures and publications related to trail use (see www.dep.state.fl.us/gwt/ed/team_green/pdf/activitybook.pdf for an example of a previously funded project).

    • Provide or support trail monitoring patrols to promote safety and environmental protection related to trails (but not provide support for law enforcement patrols).

    • Provide or support training to benefit safety and environmental protection related to trails. This includes training on trail planning, design, construction, maintenance, and operations, since those items can affect trail safety and trail-related environmental protection. However, this does not include training on organizational development (developing trail clubs), grant writing, or public health promotion.

    (c) Eliminates the waiver from the 30% provisions. Beginning August 10, 2005 [date of enactment], all States must meet the 30% provisions, or else carry over the funds to a following year. Waivers enacted prior to August 10, 2005 remain in effect, but States may not enact retroactive waivers. Over time, this will eventually mean USE or LOSE. But States still retain flexibility to carry over funds (until they reach their obligation ceiling). This should allow States to generate a large enough amount to do something like purchase a large chunk of land for an OHV park.

    (d)(1,2,3). Amends the allowable Federal share to be the same as a State's normal Federal-aid highway program Federal share (generally greater than 80% in western States, so this mostly benefits western States, and doesn't harm eastern States). States may continue to require a higher matching share if they wish.

    (d)(4) Allows RTP funds to be used to match other Federal funding programs. As of August 10, 2005, a State may use RTP funds to match other Federal funding programs, including Transportation Enhancement funds.

    (e) Allows preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project, limited to costs incurred less than 18 months prior to project approval. This should help project sponsors get credit for developing their RTP projects (if your State chooses to allow this provision). States may use this provision beginning August 10, 2005 for new project obligations.

    (f) Encourages States to use Youth Corps (but does not require). This is a repeat of the same provision from TEA-21.

    NOT INCLUDED IN SAFETEA-LU: There are no project streamlining provisions as the Administration and the Senate proposed: RTP projects still must be included in the statewide and metropolitan transportation plans. Also, if an RTP project is within the right-of-way of a Federal-aid highway, it must comply with highway contracting procedures.

  2. STATE ASSUMPTION OF RESPONSIBILITIES
    Sec 6003, State Assumption of Responsibilities for Certain Programs and Projects, allows up to five States to assume the responsibilities of the Secretary of Transportation for the Recreational Trails Program and for Transportation Enhancements for environmental reviews, consultation, and project and program decisionmaking. This would allow States to assume program control and authority to administer the RTP and/or TE, but the State also would assume full responsibility and liability, and accept the jurisdiction of Federal courts. This would require an application procedure, certifications, public notices, and input from Federal agencies and the public. If your State interested in participating in this program, please let me know. We want to figure out how much interest there might be in this program.

  3. OTHER SAFETEA-LU PROVISIONS OF TRAIL-RELATED INTEREST
    Sec 1113(c): TE remains 10% of STP, but with a minimum amount set at the FY 2005 level (STP's maximum size under SAFETEA-LU is in FY 2005).
    Sec 1122: Transportation Enhancement Definitions are slightly revised, nothing major from the trail viewpoint.
    Sec 1401: Highway Safety Improvement Program. New 23 U.S.C. 148(d)(1) includes trails as eligible.
    Sec 1404: Adds a new Safe Routes to School Program. Trails are eligible.
    Sec 1802: National Scenic Byways Program. Minor amendments, makes clear Indian tribal byways are eligible for designation and for funding.
    Sec 1902: Donations and Credits: Amends 23 U.S.C. 323(c) to include local governments, and eliminates §323(e). This means local governments will be able to provide the same kinds of donations as private donors.

    NOT INCLUDED IN SAFETEA-LU:

    • Amendment proposed by the Administration and the Senate in 23 U.S.C. 217 to insert "pedestrians" every time §217 mentions "bicycles" or "bicyclists", and also to guarantee that equestrians clearly may be included as shared use path users.

    • Amendment proposed by the Administration and the Senate in 23 U.S.C. 144(o) to the Bridge program to allow historic bridge preservation efforts that cost more than the cost of demolition.

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Historic Legislation

NOTE: MAP-21 refers to 23 U.S.C. 104(h). Here is the legislation as in effect through September 30, 2012.

Codified in Title 23 United States Code (23 U.S.C.)

§104. Apportionment

  1. RECREATIONAL TRAILS PROGRAM.--
    1. ADMINISTRATIVE COSTS.--Before apportioning sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009. The Secretary may enter into contracts with for-profit organizations or contracts, partnerships, or cooperative agreements with other government agencies, institutions of higher learning, or nonprofit organizations to perform these tasks.
    2. APPORTIONMENT TO THE STATES.--After making the deduction authorized by paragraph (1) of this subsection, the Secretary shall apportion the remainder of the sums authorized to be appropriated for expenditure on the recreational trails program for each fiscal year, among the States in the following manner:
      1. 50 percent of that amount shall be apportioned equally among eligible States.
      2. 50 percent of that amount shall be apportioned among eligible States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year.
        1. ELIGIBLE STATE DEFINED.--In this section, the term "eligible State" means a State that meets the requirements of section 206(c).
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Obsolete Legislation

SAFETEA-LU Technical Corrections Act of 2008.

Sec. 101(q). Correction of Recreational Trails Program Apportionment Exceptions.--Section 206(d)(3)(A) of title 23, United States Code, is amended by striking "(B), (C), and (D)" and inserting "(B) and (C)".

Transportation Equity Act for the 21st Century (TEA-21)

SEC. 9011. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.

  1. IN GENERAL.--Section 9511 (relating to National Recreational Trails Trust Fund) is repealed.
  2. CONFORMING AMENDMENTS.--
    1. Section 9503(c) is amended by striking paragraph (6).
    2. Subparagraph (D) of section 9503(b)(4) is amended to read as follows:
      "(D) in the case of gasoline and special motor fuels used as described in paragraph (4)(D) or (5)(B) of subsection (c), section 4041 or 4081 with respect to so much of the rate of tax as exceeds 11.5 cents per gallon,".
    3. The table of sections for subchapter A of chapter 98 is amended by striking the item relating to section 9511.

This section eliminated the National Recreational Trails Trust Fund. The separate Trust Fund was not necessary, because the Recreational Trails Program receives funds directly from the Federal Highway Trust Fund. Conforming amendment (b)(2) is unrelated to Recreational Trails.

Historical legislation no longer in effect

National Recreational Trails Fund Act Part B of the Intermodal Surface Transportation Efficiency Act of 1991

U.S.C. 1261-1262
As amended in the National Highway System Designation Act of 1995
and the Transportation Equity Act for the 21st Century of 1998

This part may be cited as the "Symms National Recreational Trails Act of 1991".

§1261. [Repealed]
[The original National Recreational Trails Funding Program, Section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is repealed.]

§1262. NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE.
  1. ESTABLISHMENT.--There is established the National Recreational Trails Advisory Committee.
  2. MEMBERS.--There shall be 12 members of the advisory committee, 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:
      1. hiking,
      2. cross country skiing,
      3. off highway motorcycling,
      4. snowmobiling,
      5. horseback riding,
      6. all terrain vehicle riding,
      7. bicycling, and
      8. four wheel driving;
    2. 1 member appointed by the Secretary representing individuals with disabilities;
    3. an appropriate official of government with a background in science or natural resources management, including any official of State or local government, designated by the Secretary;
    4. 1 member appointed by the Secretary from nominations submitted by water trail user organizations; and
    5. 1 member appointed by the Secretary from nominations submitted by hunting and fishing enthusiast organizations.
  3. CHAIRMAN.--The Chair of the advisory committee shall be the government official referenced in subsection (b)(3), who shall serve as a non voting member.
  4. SUPPORT FOR COMMITTEE ACTION.--Any action, recommendation, or policy of the advisory committee must be supported by at least five of the members appointed under subsection (b)(1).
  5. TERMS.--Members of the advisory 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.
  6. 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 recommendations to the Secretary for changes in Federal policy to advance the purposes of this part.
  7. ANNUAL REPORT.--The advisory committee shall present to the Secretary an annual report on its activities.
  8. REIMBURSEMENT FOR EXPENSES.--Nongovernmental members of the advisory committee shall serve without pay, but, to the extent funds are available pursuant to section 1302(d)(1)(B), shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.
  9. REPORT TO CONGRESS.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a study which summarizes the annual reports of the National Recreational Trails Advisory Committee, describes the allocation and utilization of moneys under this part, and contains recommendations for changes in Federal policy to advance the purposes of this part.
  10. TERMINATION.--The advisory committee established by this section shall terminate on September 30, 2000.
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Updated: 3/27/2015
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