Contents

• Background
• Designation and Land Acquisition
• Organization and Management
• Trail Uses
• Funding
• Legislation

Summary

The National Trails System was created in 1968 by the National Trails System Act (16 U.S.C. §§1241-1251). The system includes four types of trails: (1) national scenic trails (NSTs), which display significant physical characteristics of U.S. regions; (2) national historic trails (NHTs), which follow travel routes of national historical significance; (3) national recreation trails (NRTs), which provide outdoor recreation accessible to urban areas; and (4) connecting or side trails, which provide access to the other types of trails. As defined in the act, NSTs and NHTs are long-distance trails designated by acts of Congress. NRTs and connecting and side trails may be designated by the Secretaries of the Interior and Agriculture with the consent of the federal agency, state, or political subdivision with jurisdiction over the lands involved.

Congress plays an ongoing role in shaping the National Trails System through legislation and oversight. Broad issues for Congress include, among others:

• 1. whether and where to establish new trails in the system,
• 2. whether to establish new categories of trailstrail categories (such as "national discovery trails"), and
• 3. how much funding to provide to agencies for trail management.

When designating individual trails, Congress has considered issues such as:

• 1. how to balance trail designation with other potential land uses,
• 2. how to address federal land acquisition, and
• 3. whether to make specific provisions for trail use that may differ from those authorized in the overall act.

Congress has established 11 NSTs and 19 NHTs, as well as several NRTs (although recreation trails are more typically designated administratively). In addition, the Secretaries of the Interior and Agriculture have designated more than 1,200just under 1,300 NRTs and 6seven connecting or side trails. The scenic, historic, and connecting trails are federally administered by either the National Park Service (NPS) and/or the Bureau of Land Management (BLM) in the Department of the Interior, or the U.S. Forest Service (FS) in the Department of Agriculture, with cooperation from states and other entities to operate nonfederal trail segments. The roughly 1,200300 national recreation trails are typically managed by states, localities, and private organizations, except where they cross federal lands. The act limits federal land acquisition for the trails system, with specific provisions for different trail types.

Each federal agency with management authority over national trails has its own budget for trail administration and management. Trails have also received funding from federal transportation programs, private donations, permits and fees, and local excise taxes, among other sources.

Uses of the national trails may include, but are not limited to, bicycling, cross-country skiing, day hiking, equestrian activities, jogging or similar fitness activities, overnight and long-distance backpacking, snowmobiling, and surface water and underwater activities. Provisions for motorized vehicle use vary among the different types of trails.

Legislation in the 114^th Congress would designate a new national recreation trail (H.R. 1865 and S. 1423), direct a study of oneIn March 2019, the 116^th Congress passed and the President signed the John Dingell, Jr. Conservation, Management, and Recreation Act (P.L. 116-9), which extended existing national scenic and historic trails and directed the study of an additional trail route for potential addition to the system as a national historic trail (H.R. 984 and S. 479), and make other changes. Other legislation introduced in the 116^th Congress would designate a new national historic trail (H.R. 434) and establish a new tax credit for conservation contributions to NSTs (S. 809 and H.R. 1727). As in earlier Congresses, a bill (H.R. 2661726) has also been introduced to add a new type of trail—national discovery trails—to the system.

The National Trails System Act of 1968 (16 U.S.C. §§1241-1251)¹ of 1968 established the Appalachian and Pacific Crest National Scenic Trails, and authorized a national system of trails to provide outdoor recreational opportunities and to promote access to the nation's outdoor areas and historic resources. Since the act's passage, the system has grown to encompass trails in every U.S. state, Washington, DCthe District of Columbia, and Puerto Rico.

The system has expanded over time and now includes four types of trails:

• National Scenic Trails (NSTs) display significant characteristics of the nation's "physiographic regions,"² representing desert, marsh, grassland, mountain, canyon, river, forest, or other areas. NSTs provide for outdoor recreation and for the conservation and enjoyment of significant scenic, historic, natural, or cultural qualities.
• National Historic Trails (NHTs)³ identify and protect travel routes of national historic significance, along with associated remnants and artifacts, for public use and enjoyment. NHTs can include land or water segments,⁴ marked highways paralleling the route, and sites that together form a chain or network along the historic route.
• National Recreation Trails (NRTs) are on federal, state, or private lands that are in, or reasonably accessible to, urban areas. They provide for a variety of outdoor recreation uses.
• Connecting or Side Trails provide public access to the other types of nationally designated trails or connections between such trails.

Congress plays an ongoing role in shaping the National Trails System through legislation and oversight. Congress establishes new trails within the system; directs the Administration to study potential new trails; determines the level of agency funding for trail management; and considers whether new trail categories (such as "national discovery trails") should be included in the system, among other roles. For individual trails, Congress has made specific provisions concerning land acquisition, trail use, and other matters. Ongoing issues for Congress include whether to designate additional trails, how to balance trail designation with other potential land uses, whether trail designation should be accompanied by federal land acquisition, what activities should be permitted on trails, and how to appropriately balance federal and nonfederal funding for trails, among other issues.

Background

During the early history of the United States, trails served as routes for commerce and migration. Since at least the early 20^th century, trails also have been constructed to provide access to scenic areas. The first interstate recreational trail, now known as the Appalachian National Scenic Trail, was developed in the 1920s and 1930s.⁵ In 1945, legislation to establish a "national system of foot trails" was introduced but not reportedenacted.⁶ In the years following the Second World War, the nation sought betterincreased opportunities to enjoy the outdoors.⁷ In 1965, in a message to Congress on "Natural Beauty," President Lyndon Johnson called for the nation "to copy the great Appalachian Trail in all parts of our country, and make full use of rights-of-way and other public paths."⁸ Three years later, the National Trails System Act was enacted.

The system began in 1968 with two scenic trails: the Appalachian National Scenic Trail, which stretches roughly 2,180190 miles from Mount Katahdin, ME, to Springer Mountain, GA;⁹ and the Pacific Crest National Scenic Trail, which covers roughly 2,650 miles along the mountains of Washington, Oregon, and California.¹⁰ The system was expanded a decade later when Congress designated four historic trails, with more than 9,000 miles, and another scenic trail, along the Continental Divide, with 3,100 miles.¹¹ Currently, there are a combined 30 NHTs and NSTs covering almost 55,000just under 60,600 miles. (See Table 1 and Figure 1.)¹² Additionally, the system contains more than 1,200just under 1,300 NRTs and 6seven connecting or side trails, including trails in every state, Washington, DCthe District of Columbia, and Puerto Rico.¹² The National Trails System Act also authorizes the preservation of abandoned railroad rights-of-way for rails-to-trails conversions (16 U.S.C. §1247).¹³

Figure 1. Map of National Scenic and National Historic Trails

Source: Source: CRS with centerline data adapted from National Park Service, "National Trails System Interactive Map," at http://www.nps.gov/nts/maps.html. Figure adapted by CRShttps://nps.maps.arcgis.com/home/index.html. Data for trail extensions enacted in P.L. 116-9 are based on cartographic shape files and do not reflect geospatial data. NPS has yet to establish final centerline data for these routes. Notes: NHT = National Historic Trails; NST = National Scenic Trails. Trail colors are for purposes of distinguishing the trails and do not indicate categories.

Designation and Land Acquisition

NSTs and NHTs are designated by acts of Congress.¹⁴ Prior to establishing a trail, Congress typically directs the Secretary of the Interior or the Secretary of Agriculture to study the route for potential inclusion in the system.¹⁵ The studies address both the suitability (i.e., characteristics that make the proposed trail "worthy of designation as a national scenic or national historic trail")¹⁶ and the feasibility (i.e., physical and financial viability) of adding the trail to the system. The act contains additional criteria for NHTs, which must (1) be established by historic use and be significant because of that use; (2) be significant with respect to a broad facet of American history, such as trade and commerce, exploration, migration and settlement, or military campaigns; and (3) have significant potential for public recreational use or historical interest.¹⁷

In contrast to national scenic and historic trails, national recreation trails may be designated by the Secretaries of the Interior and Agriculture with the consent of the federal agency, state, or political subdivision with jurisdiction over the lands involved.¹⁸ Recreation trails must be reasonably accessible to urban areas and must meet other criteria as prescribed by the act or by the Secretaries.¹⁹ The Secretaries also have authority to designate connecting and side trails.²⁰

For all four trail types, routes may intersect both federal and nonfederal lands. The law provides limited authorities for federal land acquisition in connection with the trails. Along the designated rights-of-way for NSTs and NHTs, the Secretaries may acquire land in areas that are already under their administrative jurisdiction (e.g., on trail segments that lie within the boundaries of an existing national park or national forest but are not federally owned). Outside their administrative boundaries, the Secretaries are to encourage state and local governments either to acquire trail lands or to enter into agreements with private landowners for the necessary rights-of-way. Only if state and local governments fail to do so may the federal government acquire the land or form cooperative agreements with landowners.²¹ For NRTs, the provisions are more limited, in that federal land acquisition may take place only within existing administrative boundaries.²² Connecting and side trails may only include nonfederal lands only if no federal acquisition is involved.²³

When adding individual trails to the system, Congress has often included specific land acquisition provisions—for example, authorizing federal acquisition only from willing sellers or establishing a geographical boundary for land acquisition, such as within a quarter-mile on either side of the trail.²⁴ P.L. 111-11 gave federal land management agencies the authority to purchase land from willing sellers for a number of trails thatfor which Congress had previously prohibited any federal land acquisition.

Organization and Management

The 30 national scenic and historic trails are administered by either the Secretary of the Interior or the Secretary of Agriculture, acting through the land management agencies. The NPS administers 21 of the 30 trails; the FS administers 6 trails; the Bureau of Land Management (BLM) administers 1 trail; and the NPS and BLM jointly administer 2 trails.²⁵ The administering agency typically develops the trail management plan,²⁶ oversees development of trail segments, coordinates trail marking and mapping, develops maintenance standards, coordinates trail interpretation, administers cooperative and interagency agreements, and provides financial assistance to others for trail purposes, among other functions.²⁷

The agencies point to a distinction between trail administration and trail management: whileWhile there is usually only one administering agency, multiple federal agencies, state and local governments, private groups, and individuals may own and manage lands along a national scenic or historic trail.²⁸ The National Trails System Act authorizes the administering Secretary to enter into cooperative agreements with state, local, and private landowners or organizations or local governments, landowners, private organizations, or individuals for trail development, operation, and maintenance.²⁹ In addition, several federal agencies involved with the trails signed a memorandum of understanding (MOU) in 2006 to coordinate federal trail management.³⁰

In contrast to the NSTs and NHTs, NRTs are typically administered by states, localities, and private organizations, with federal agencies participating when the trails cross federal lands. The National Park Service (NPS) is responsible for the overall coordination of the national recreation trails, including nonfederal trails.³¹32 Nonfederal trail managers have access to federal training and technical assistance, and are eligible for some types of federal funding.³²33

Connecting or side trails are administered by the Secretary under whose jurisdiction the trail lands fall.³³34 The sixseven existing trails are all administered by the Secretary of the Interior.³⁴

The FY2013 annual report of the Federal Interagency Council on Trails³⁵35 The Federal Interagency Council on the National Trails System has discussed a number of management issues facing the agencies that administer the National Trails System.³⁶ These issues includedinclude tight federal agency budgets, financial constraints among partner groups, inconsistent mapping, aging volunteers, and expansion of energy projects and the transmission grid in ways that affect the trails. Another challenge cited wasOther challenges include the lack of awareness among many Americans of the system and its health, community, economic, and educational benefits.³⁶

Trail Uses

The administering Secretary may regulate the use of federally owned portions of the national trails, in consultation with relevant agencies.³⁷ The Secretary may permit uses "which will not substantially interfere with the nature and purposes of the trail."³⁸ Such uses may include but are not limited to bicycling, cross-country skiing, day hiking, equestrian activities, jogging or similar fitness activities, overnight and long-distance backpacking, snowmobiling, and surface water and underwater activities.³⁹ The use of motorized vehicles by the general public is typically prohibited on national scenic trails.⁴⁰ However, motorized vehicles may be allowed on national historic trails if they do not substantially interfere with the nature and purposes of the trail and were allowed by administrative regulations at the time of designation.⁴¹

Trail uses on nonfederal lands—whether segments of scenic, historic, recreation, or connecting trails—are typically controlled at the state and local levels. State, local, and private-sector trail managers may work together to develop cooperative principles for use and management.⁴²

Funding

Each agency with management authority over national trails has its own funding for carrying out activities related to trail administration and management.⁴³ Since 2006, federal land management agencies have agreed, within the limits of agency authorities, to eliminate duplicate efforts and increase effectiveness by coordinating requests for and obligation of funds for the National Trails System.⁴⁴ Since 1992, the Department of Transportation, through federal transportation programs authorized by Congress,⁴⁵ has provided more than $11just under $14 billion for bicycle and pedestrian transportation projects, including many transportation trails.⁴⁶ Additional sources of funding for trails have included challenge cost-share projects, cooperative agreements with trail partner organizations, charitable foundations, corporations, permits and fees, local excise taxes, and dedicated funds.

Legislation

In the 114^{116th Congress, the omnibus public lands bill, P.L. 116-9, made a number of amendments to the National Trails System. Among the changes, the bill adjusted the boundaries of the North Country National Scenic Trail, extended the Lewis and Clark National Historic Trail, and directed the study of a proposed Pike National Historic Trail running from Missouri through Louisiana. Other bills have been introduced to either designate additional trails or make broader adjustments to the trails system. H.R. 434 would direct the study and designation of the Emancipation National Historic Trail, a route from Galveston, TX, to Freedmen's Town and Emancipation Park in Houston following the migration route taken by newly freed slaves in the 19th century. Another proposal (H.R. 726th} Congress, H.R. 1865 and S. 1423 would designate a new Condor National Recreation Trail in California. H.R. 984 and S. 479 would direct a study of a proposed Chief Standing Bear National Historic Trail running through the states of Oklahoma, Kansas, and Nebraska. Another proposal (H.R. 2661) would add a new type of trail—"national discovery trails"—to the system.⁴⁷ National discovery trails would be extended, continuous interstate trails that provide for outdoor recreation and travel and that connect representative examples of America's trails and communities.⁴⁸47 These and other 114^116th Congress bills affecting the National Trails System are shown in Table 2. Many comparable bills had also been introduced in previous Congresses.

Footnotes