National Trails System Act Historic Legislation
System Act,” was enacted in 1968, with the bold task of not only defining regulations about trails, but also creating a nationwide trail marker system, as well as rules regarding how and where lands can be procured for the use of trails. This legislation was created for the purpose of preservation, access for the public, and travel within and through historic and scenic areas of the nation. The legislation with regard to the “National Trails System” deals with roughly everything that has to do with trails in one way or another, including the administration of, regulations and penalties regarding trails, definition of specific historical sites, scenic areas, trail connections, extended trails, and historic travel routes. This law was passed with the intention to “maximize outdoor recreation potential” and to generally provide a way for the public to access the beauties of nature.
The “National Trails System” defines Historic trails as all trails that follow “routes of travel or original trails” with historical significance. The legislation also says that these trails do not have to be followed precisely, but the route should be kept as true as possible to the actual historic route, or at least as close as is reasonable. Scenic trails are defined as trails that represent and show the nationally significant scenic, historic, natural, and cultural areas of the nation. The legislation clarified connecting or side trails as being trails that connect to major trails of interest and trails that connect to major trails of interest and trails that connected two or more larger trails together. Extended trails are by definition trails that total more than 100 miles in length, except in some instances where historical trails are designated as extended even though they are less than 100 miles long. The trails have to meet many regulations outside of their definition to conform to certain parameters that are defined by this piece of legislation.
The right of authority over the trails is based upon where the actual trail runs. For instance, if the trail runs through a park, forest, federally administered area, or recreational area that is controlled by the Secretary of Agriculture or Secretary of the Interior, that trail is available to be designated as a “national recreation trail.” However, if the trail should lie on or even cross into private lands one of the Secretaries must get written consent from the land’s legal owner. Furthermore, the Secretary must request permission to lay down any trail that would cross into private, state, and even local government property. In addition, the Secretary must publish a set of maps and descriptions as well as notify any agency or individual involved about the location of the maps as well as publishing the information in the federal registrar. There must be a hearing where anyone concerned or involved is invited to contribute their own “two-cents” to the Secretary about the proposal that is made. It is said that roughly two-thirds of the National Trails System Act relates to land ownership. A review of the legislation suggests this high percentage is easily feasible.
The process of land acquisition under this Act is extremely exacting. The process by which the Secretary can acquire lands varies depending on the location of the property and also differs depending on who owns the land in question. The easiest way to acquire lands in this heavily red taped legislation would be though donation. The average person would be happy to accept almost any free land they were given, but not the federal government. The Secretary must approve the land’s enhancing of the recreational, scenic, natural, and historic qualities; as well as confirm that the land adheres to section 6 of Public Law 96-541. “The National Trails System” legislation does allow for the procuring of land in other ways, such as trading for it. For instance, if a private land owner had in their possession 20 acres that the Secretary feels is crucial the secretary is authorized to trade another piece of land in the same state which is under their control for the piece of land they are trying to acquire. However, if the two pieces of property are not equal in value the difference is given to the owner of the more expensive property based on fair market value. If the Secretary later decides that the acquired land is not necessary, then the owner from whom it was purchased has the first chance to buy the land back at fair market value. The most complicated process for land acquisition is laid out in section 1246 subsection G. This subsection gives the Secretary the authority to lay a trail across privately owned lands. However, the Secretary can do this only when all negotiations have failed, and the Secretary determines that the land in question is completely necessary to the trail. If the Secretary has done all in his power to negotiate but is unsuccessful, the Secretary can take the landowner to court to request court authorization for the right to build a trail across the private lands without the landowner’s consent. The Secretary does not own the land on which the trail lies, nor can the Secretary or the government reap any fiscal gain from that particular part of the trail. Once a trail that falls under the “The National Trails System” legislation is defined, the trail must be both maintained and regulated.
This piece of legislation lays out exactly what can and can not be done on a trail with regulations and codes. One instance of this would be the regulation of motor vehicles. Motor vehicles are prohibited in natural and historic areas, as well as within the national wildlife refuge system and the national wilderness preservation systems. Exceptions to this rule are during a time of emergency or when a land owner needs a vehicle to access their property or timber rights. The Secretary has the authority to allow anything within reason that does not interfere with any other regulation and does not “interfere with the natural and historic areas of the National Park System. The penalties for breaking laws having to do with national trails are misdemeanors with a fine less than $500 and/or six months imprisonment. However, the regulations would be useless without a group to enforce them. The Secretary is allowed to use the law enforcement related to the national park system or national forest system. Few people would be able to intuitively decipher their way through the great expanses of the trail system without a system of markers. The federal agency administering the trail is in charge of maintaining the trails unless they sign a written agreement with the state agency or local government saying that they take responsibility for the trail marking and maintenance. This legislation calls for a unified national marker system to be created through collaboration between both the Secretary of Interior and Secretary of Agriculture.
Although the new unified marker system has not yet been established as law, this system will surely help park visitors navigate the trails covering the great expanse of the nation. This legislation will also help to keep our nation’s trails clean, safe, fun, and fascinating for future generations. It is anticipated this legislation will also allow the public to have more input about what is happening with the trails and paths near them. It is easy to see just how effective this single piece of legislation has been to our nations recreational, historical, and scenic areas. Every person who travels a natural trail and notices how nicely delineated and well kept the trails are surely must give at least partial credit to the “National Trails System.”
