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NATIONAL RECREATIONAL TRAILS FUND ACTQuestions & Answers

Publish date: Dec 1, 2005
By: ORC STAFF

NOW THAT THE NATIONAL RECREATIONAL TRAILS FUND ACT HAS FINALLY BEEN FUNDED, WHO IS GOING TO ADMINISTER THE PROGRAM?

The program will be administered by the Federal Highway Administration (FHWA) in the U.S. Department of Transportation, in consultation with the Department of the Interior.

WHEN DO WE GET THE MONEY AND HOW MUCH?

A. The program will have $15 million available nationwide for fiscal year 1996, and again in FY 1997. The FHWA may use up to 3% for administrative purposes, such as expenses of the National Recreational Trails Advisory Committee and research needs. Of the funds allocated to the States, half will be allocated equally to all eligible States, including the District of Columbia and Puerto Rico. (This is about $140,000 for each State each year.) The other half will be allocated in proportion to each State#s share of off-road recreational fuel use. States with more motorized use will receive larger shares than States with less motorized use.

B. State agencies will have to move quickly to incorporate this new funding in their plans for 1996. The FHWA is currently in the process of determining which States are eligible and how much they will receive. A State must have a State Recreational Trail Advisory Board with both motorized and nonmotorized user representation to be eligible to receive funds. No State will be able to receive funds until it has an Advisory Board. The FHWA will set a date by which States must have their Advisory Boards established, at which time funds not distributed to ineligible States will be redistributed to eligible States.

WHAT STATE AGENCY WILL ADMINISTER THE FUNDS?

A. The State agency in charge of administration will be identified by the Governor of that State. In most States, it is the agency in charge of recreation. In a few States, it is the Department of Transportation.

HOW CAN THE MONEY BE USED?

A. The Statement Of Intent in the Trails Fund Act states that the funds should be used for trails and trail- related projects which have been planned and developed under existing laws, policies, and administrative procedures within each State. The projects should further a specific goal of a trail plan included or referenced in the Statewide Comprehensive Outdoor Recreation Plan (SCORP) required by the Land & Water Conservation Fund Act.

1. States may use up to 7% can be used for State administrative expenses.

2. Up to 5% may be used for environmental protection education and safety education programs or projects.

3. At least 88% of the funds must be used on actual trail or trail-related projects, such as:

Development of urban trails near homes and workplaces.
Maintaining existing trails, including snow trail grooming and maintenance.
Restoration of areas damaged by trail use and other types of back country terrain use (applies to all users).
Development of trail-side and trail-head facilities that meet the goals set by the National Recreational Trails Advisory Committee.
Providing access for people with disabilities.
Acquiring easements or corridors for trails as identified in a State trails plan.
Acquiring property from a willing seller when access cannot be accomplished any other way.
Construction of new trails on State, municipal, county, or private lands where a need is shown.
Where necessary as required by SCORP, construction of new trails crossing Federal land. Such construction must first comply with existing land management plans (and the Federal laws governing those plans) and go through the National Environmental Policy Act (NEPA) process. States should give consideration to project proposals that provide for the redesign, reconstruction, nonroutine maintenance, or relocation of trails in order to mitigate and minimize the impact to the natural environment.

WHAT IS THE MATCHING SHARE?

The Federal share for project cost is 50%. This means that the non-Federal share is 50%. The non-Federal share may include cash, or the fair market value of land, materials, or services.

NOTE: This provision is new, and subject to further interpretation.

ARE THERE ANY SPECIAL PROVISIONS FOR TRAILS THAT CROSS PRIVATE PROPERTY?

Yes. Trail Fund Act money can be spent maintaining and improving trails that cross private property. However, the State must obtain written assurances that the owner of the property will cooperate with the State. It also must be accompanied by an easement or legally binding agreement that ensures the public will have access to the funded trail improvements.

TO WHOM CAN THE STATES GRANT MONEY?

A. Private individuals, organizations, city and county governments, and other government agencies as approved by the State, including Federal agencies.

B. Any State issuing grants must assure that the recipients comply with the specified conditions for uses specified by the Trail Fund Act.

WHAT ARE THE CONDITIONS FOR USES?

A. At least 30% of the funds received annually by a State must be spent on projects for motorized recreation.

B. At least 30% of the funds received annually by a State must be spent on projects for nonmotorized recreation.

C. At least 40% of the funds received annually by a State must be spend on projects for diversified trail use, such as:

1. Provide for the greatest number of compatible recreational purposes, or
2. Provide for innovative corridor sharing that accommodates both motorized and nonmotorized use.

NOTE: The diversified category may overlap with the motorized category (such as snowmobile in winter and ATV in summer), with the nonmotorized category (such as a bicycle and pedestrian facility), or it may serve both motorized and nonmotorized uses (such as a trail-head serving motorcyclists and equestrians.)

WHEN CAN THE STATES START APPLYING FOR THE MONEY?

States do not apply for the funds. Funds are allocated by formula to all eligible States. The primary requirement for eligibility is existence of the State Recreational Trail Advisory Board which has both motorized and nonmotorized user representation.

ARE THERE ANY USES THAT ARE NOT PERMITTED?

Yes. They are:

1. Condemnation of property.
2. Construction of new trails for motorized use on National Forest or BLM land that the respective agency has recommended for Wilderness designation.
3. Upgrading, for motorized use, trails that have been predominantly nonmotorized and on which motorized use has not occurred or has been prohibited.

WHAT IS THE NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE AND HOW ARE MEMBERS CHOSEN?

The National Recreational Trails Advisory Committee has 12 members. There are 8 members appointed by the Secretary of Transportation from nominations submitted by recreational trail user organizations:

1. Hiking
2. Cross-country skiing
3. Off-highway motorcycling
4. Snowmobiling
5. Horseback riding
6. All terrain vehicle riding
7. Bicycling
8. Four wheel driving

Any action, recommendation, or policy of the advisory committee must be supported by at least 5 of the above members. One member is appointed by the Secretary to represent people with disabilities.

There are two members appointed by the Secretary of Transportation from nominations submitted by their representative user organizations:

1. Hunting & fishing enthusiasts
2. Water trails users

There is also an #appropriate official of government with a background in science or natural resources management#, appointed by the Secretary. State, local government, or Federal officials are eligible. This official serves as the Chair and is a non-voting member.

HOW OFTEN DO THEY MEET? WHAT ARE THEIR TERMS?

The Committee is required by law to meet at least twice annually. They can meet more often if necessary. They have staggered three year terms.

WHAT ARE THEIR DUTIES?

1.Review how the States use their funds to assure the States conform with the purposes of the National Recreational Trails Fund Act.
2.Establish and review criteria for trail-side and trail-head facilities that qualify for funding.
3.Recommend changes in Federal policy to the Secretary that will advance the purposes of the National Recreational Trails Fund Act.
4.Present the Secretary of Transportation with an annual report of activities. The Secretary of Transportation must present Congress with a report that summarizes the annual reports, describes funded projects, and recommends changes in Federal policy.

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