16 U.S.C. § 1247

State and local area recreation and historic trails

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(a) Secretary of the Interior to encourage States, political subdivisions, and private interests; financial assistance for State and local projects

The Secretary of the Interior is directed to encourage States to consider, in their comprehensive statewide outdoor recreation plans and proposals for financial assistance for State and local projects submitted pursuant to chapter 2003 of title 54, needs and opportunities for establishing park, forest, and other recreation and historic trails on lands owned or administered by States, and recreation and historic trails on lands in or near urban areas. The Secretary is also directed to encourage States to consider, in their comprehensive statewide historic preservation plans and proposals for financial assistance for State, local, and private projects submitted pursuant to division A of subtitle III of title 54, needs and opportunities for establishing historic trails. He is further directed, in accordance with the authority contained in chapter 2003 of title 54),11 So in original. The closing parenthesis preceding the comma probably should not appear. See 2014 Amendment note below. to encourage States, political subdivisions, and private interests, including nonprofit organizations, to establish such trails.

(b) Secretary of Housing and Urban Development to encourage metropolitan and other urban areas; administrative and financial assistance in connection with recreation and transportation planning; administration of urban open-space program

The Secretary of Housing and Urban Development is directed, in administering the program of comprehensive urban planning and assistance under section 701 22 See References in Text note below. of the Housing Act of 1954, to encourage the planning of recreation trails in connection with the recreation and transportation planning for metropolitan and other urban areas. He is further directed, in administering the urban open-space program under title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.], to encourage such recreation trails.

The Secretary of Agriculture is directed, in accordance with authority vested in him, to encourage States and local agencies and private interests to establish such trails.

(d) Interim use of railroad rights-of-way

The Secretary of Transportation, the Chairman of the Surface Transportation Board, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and chapter 224 of title 49, shall encourage State and local agencies and private interests to establish appropriate trails using the provisions of such programs. Consistent with the purposes of that Act, and in furtherance of the national policy to preserve established railroad rights-of-way for future reactivation of rail service, to protect rail transportation corridors, and to encourage energy efficient transportation use, in the case of interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with this chapter, if such interim use is subject to restoration or reconstruction for railroad purposes, such interim use shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of such rights-of-way for railroad purposes. If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management of such rights-of-way and for any legal liability arising out of such transfer or use, and for the payment of any and all taxes that may be levied or assessed against such rights-of-way, then the Board shall impose such terms and conditions as a requirement of any transfer or conveyance for interim use in a manner consistent with this chapter, and shall not permit abandonment or discontinuance inconsistent or disruptive of such use.

(e) Designation and marking of trails; approval of Secretary of the Interior

Such trails may be designated and suitably marked as parts of the nationwide system of trails by the States, their political subdivisions, or other appropriate administering agencies with the approval of the Secretary of the Interior.

(Pub. L. 90–543, § 8, Oct. 2, 1968, 82 Stat. 925; Pub. L. 95–625, title V, § 551(22), Nov. 10, 1978, 92 Stat. 3516; Pub. L. 98–11, title II, § 208, Mar. 28, 1983, 97 Stat. 48; Pub. L. 104–88, title III, § 317(1), Dec. 29, 1995, 109 Stat. 949; Pub. L. 113–287, § 5(d)(24), Dec. 19, 2014, 128 Stat. 3266; Pub. L. 117–58, div. B, title I, § 21301(j)(1), Nov. 15, 2021, 135 Stat. 691.)Editorial NotesReferences in Text

Section 701 of the Housing Act of 1954, referred to in subsec. (b), was classified to section 461 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 97–35, title III, § 313(b), Aug. 13, 1981, 95 Stat. 398.

The Housing Act of 1961, referred to in subsec. (b), is Pub. L. 87–70, June 30, 1961, 75 Stat. 149. Title VII of the Housing Act of 1961 was classified generally to chapter 8C (§ 1500 et seq.) of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 5316 of Title 42 which terminated authority to make grants or loans under such title VII after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 12, Banks and Banking, and Tables.

The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (d), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45, Railroads, and Tables.

Amendments

2021—Subsec. (d). Pub. L. 117–58 inserted “(45 U.S.C. 801 et seq.) and chapter 224 of title 49” after “Reform Act of 1976”.

2014—Subsec. (a). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act”, “division A of subtitle III of title 54” for “the Act of October 15, 1966 (80 Stat. 915), as amended”, and “chapter 2003 of title 54” for “the Act of May 28, 1963 (77 Stat. 49”.

1995—Subsec. (d). Pub. L. 104–88 substituted “Chairman of the Surface Transportation Board” for “Chairman of the Interstate Commerce Commission” and “the Board” for “the Commission”.

1983—Subsecs. (d), (e). Pub. L. 98–11, § 208(2), added subsec. (d) and redesignated former subsec. (d) as (e).

1978—Subsec. (a). Pub. L. 95–625 inserted “and historic” after “establishing park, forest, and other recreation” and “administered by States, and recreation”, and directed the Secretary to encourage States to consider in their plans and proposals the needs and opportunities for establishing historic trails.

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Notes of Decisions

Cited in 288 cases (54 in the last 5 years), 1987–2026 · leading case: Miami Cnty. Bd. of Commissioners v. Kanza Rail-Trails Conservancy, Inc., 255 P.3d 1186 (Kan. 2011).

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Miami Cnty. Bd. of Commissioners v. Kanza Rail-Trails Conservancy, Inc., 255 P.3d 1186 (Kan. 2011). · cites it 32× “Specifically, this appeal raises the issues of: (1) Whether 16 U.S.C. § 1247 (d) (2010) of the Trails Act preempts the KRTA and, particularly, (a) Whether the KRTA is preempted because it impermissibly conflicts with 16 U.”

Buffalo Twp. v. Jones, 813 A.2d 659 (Pa. 2002). · cites it 14× “" 16 U.S.C. § 1247 (d). In order to accomplish this purpose, the subsection provided that: in the case of interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with this chapter, if such interim use…”

Chevy Chase Land Co. v. United States, 733 A.2d 1055 (Md. 1999). · cites it 20× “The ICC issued a tentative decision on February 25, 1988, permitting abandonment on condition that the railroad continue to maintain the right-of-way in order to facilitate the possible acquisition of the right-of-way for public use pursuant to the Rails-to-Trails Act, which is…”

Caldwell, Iii v. United States, 391 F.3d 1226 (Fed. Cir. 2004). · cites it 4× “Caldwell, III and Ben Frank Billings, III (collectively “Caldwell”) brought a class action lawsuit seeking compensation for an alleged taking pursuant to the National Trail Systems Act (the “Trails Act”), 16 U.S.C. § 1247 (d). The Court of Federal Claims held that the…”

Hornish Trust v. King Cnty., 899 F.3d 680 (9th Cir. 2018). · cites it 6× “SMITH, Circuit Judge: After the Surface Transportation Board (the STB) “railbanked” the portions of the Eastside Rail Corridor (the Corridor) adjacent to or bisecting Plaintiffs-Appellants’ residential lots, pursuant to the National Trails System Act Amendments of 1983 (the…”

Preseault v. Interstate Com. Comm'n, 494 U.S. 1 (1990). · cites it 4× “” 16 U. S. C. § 1247 (d). This language gives rise to a takings question in the typical rails-to-trails case because many railroads do not own their rights-of-way outright but rather hold them under easements or similar property interests.”

Howard v. United States, 964 N.E.2d 779 (Ind. 2012). · cites it 8× “The United States Court of Federal Claims has certified for our resolution the following question: Under Indiana law, are railbanking and interim trail use pursuant to 16 U.S.C. § 1247 (d) uses that are within the scope of the easements acquired by the railroad companies either…”

Jenkins v. United States, 102 Fed. Cl. 598 (Fed. Cl. 2011). · cites it 8× “Plaintiffs claim that the defendant (“the government”) affected a taking of their reversionary interest in the railroad right-of-way easements when the government approved the conversion of the subject rail line to a recreational trail pursuant to the “rail-banking” provision of…”

James v. United States, 130 Fed. Cl. 707 (Fed. Cl. 2017). · cites it 9× “See 16 U.S.C. § 1247 (d) (“[I]n the case of interim use of any established railroad rights-of-way pursuant to donation, transfer, lease, sale, or otherwise in a manner consistent with this chapter, if such interim use is subject to restoration or reconstruction for railroad…”

Moody v. Allegheny Valley Land Trust, 976 A.2d 484 (Pa. 2009). · cites it 8× “16 U.S.C. § 1247 . Viewing the transactions in the instant case in their entirety, we hold that Conrail's sale of the right-of-way to a qualified railbanking organization like AVLT, that filed a Declaration of Railbanking at the time the deed was recorded, did not result in…”

Chevy Chase Land Co. of Montgomery Cnty. v. United States, 37 Fed. Cl. 545 (Fed. Cl. 1997). · cites it 9× “BACKGROUND A Introduction Plaintiffs have alleged a taking pursuant to the Fifth Amendment of the Constitution 1 resulting from actions taken pursuant to federal legislation known as the Rails-to-Trails Act (the “Act”), 2 16 U.S.C. § 1247 (d). *552 The taking alleged involves a…”

Caldwell v. United States, 57 Fed. Cl. 193 (Fed. Cl. 2003). · cites it 5× “§ 1491 (2002), just compensation for a taking effected pursuant to the National Trails System Act (“Trails Act”), 16 U.S.C. § 1247 (d)(2002). Defendant invokes the bar of the applicable six-year statute of limitations, 28 U.”

Show all 288 citing cases →

— 16 U.S.C. § 1247(d) — 4 cases

Singleton v. United States, 92 Fed. Cl. 78 (Fed. Cl. 2010).

Montgomery Cnty. v. Bhatt, 130 A.3d 424 (Md. 2016).

Grantwood Vill. v. Missouri Pac. R.R., 95 F.3d 654 (8th Cir. 1996).

Grames v. Sarasota Cnty., Florida (M.D. Fla. 2021).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.