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appropriated from the fund specifically for liquidation of such contract obligation. No contract may be entered into for the acquisition of property pursuant to this section unless such acquisition is otherwise authorized by Federal law. (Pub. L. 88-578, 88, as added Pub. L. 90–401, § 4, July 15, 1968, 82 Stat. 355, and amended Pub. L. 91–308, § 3, July 7, 1970, 84 Stat. 410.)

AMENDMENTS 1970-Pub. L. 91–308 substituted "fiscal year" for "of fiscal years 1969 and 1970".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1c, 4601-5, 4601-7, 4601-8, 4601-10c, 4601-11 of this title.

public recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies.

(b) Appropriations from the fund pursuant to this section shall not be used for acquisition unless such acquisition is otherwise authorized by law. (Pub. L. 88–578, title I, § 6, Sept. 3, 1964, 78 Stat. 903; Pub. L. 90–401, § 1(c), July 15, 1968, 82 Stat. 355.)

AMENDMENT OF SECTION EFFECTIVE Dec. 31, 1971 Section 1(d) of Pub. L. 90–401, as amended by section 1 of Pub. L. 91-308, provided that, effective Dec. 31, 1971, the provisions of subsec. (a) of this section preceding par. (1) will read as follows:

(a) Moneys appropriated from the fund for Federal purposes shall, unless otherwise alloted in the appropriation Act making them available, be alloted by the President to the following purposes and subpurposes."

AMENDMENTS 1968-Subsec. (a). Pub. L. 90-401 struck out "in substantially the same proportion as the number of visitordays in areas and projects hereinafter described for which admission fees are charged under section 4601-5 of this title" following "purposes and subpurposes" in the material preceding par. (1).

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–401 effective Dec. 31, 1971, with the revenues until Dec. 31, 1971, derived from subsection (a) of section 4601-5 which was repealed by Pub. L. 90-401, to continue to be covered into the land and water conservation fund, see section 1(d) of Pub. L. 90401, as amended by section 1 of Pub. L. 91-308, set out as a note under section 4601-5 of this title.

EFFECTIVE DATE Section effective Jan. 1, 1965, see note set out under section 4601-4 of this title.

8 4601–10b. Contracts for options to acquire lands and

waters in national park system. The Secretary of the Interior may enter into contracts for options to acquire lands, waters, or interests therein within the exterior boundaries of any area the acquisition of which is authorized by law for inclusion in the national park system. The minimum period of any such option shall be two years, and any sums expended for the purchase thereof shall be credited to the purchase price of said area. Not to exceed $500,000 of the sum authorized to be appropriated from the fund by section 4601-6 of this title may be expended by the Secretary in any one fiscal year for such options. (Pub. L. 88–578, § 9, as added Pub. L. 90-401, § 4, July 15, 1968, 82 Stat. 355.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1c, 4601-5, 4601-7, 4601-8, 4601-10c, 4601-11 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1c, 4601-4, 4601-5, 4602-6, 4601-7, 4601-8, 4601-10a, 4601-100, 4601-11, 4601–17, 460p-2, 4600–7 of this title.

$ 4601-10. Availability of land and water conservation

fund for publicity purposes. Moneys derived from the sources listed in section 4601-5 of this title shall not be available for publicity purposes. (Pub. L. 88–578, title I, § 7, Sept. 3, 1964, 78 Stat. 903.)

EFFECTIVE DATE Section effective Jan. 1, 1965, see note set out under section 4601-4 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4601-4, 4601-5, 4601-6, 4601-7, 4601-8, 4601-10c, 4601-11 of this title.

§ 4601-10c. Repeal of provisions prohibiting collection

of recreation fees or user charges. There is hereby repealed the third paragraph from the end of the division entitled “National Park Service" of section 1 of the Act of March 7, 1928 (45 Stat. 238) and the second paragraph from the end of the division entitled "National Park Service" of section 1 of the Act of March 4, 1929 (45 Stat. 1602; section 14 of this title). Section 4 of the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved December 24, 1944 (section 4600 of this title), as amended by the Flood Control Act of 1962 (76 Stat. 1195) is further amended by deleting “, without charge," in the third sentence from the end thereof. All other provisions of law that prohibit the collection of entrance, admission, or other recreation user fees or charges authorized by sections 4601-4 to 4601-11 of this title or that restrict the expenditure of funds if such fees or charges are collected are hereby also repealed: Provided, That no provision of any law or treaty which extends to any person or class of persons a right of free access to the shoreline of any reservoir or other body of water, or to hunting and fishing along or on such shorelina shall be affected by this repealer. (Pub. L. 88–578, $ 10, as added Pub. L. 90–401, $ 1(a), July 15, 1968, 82 Stat. 354.)

REFERENCES IN TEXT Section 1 of the Act of March 7, 1928, referred to in the text, was classified to former section 14, and section 15 of this title.

§ 4601–10a. Contracts for acquisition of lands and

waters. Not to exceed $30,000,000 of the money authorized to be appropriated from the fund by section 4601-6 of this title may be obligated by contract during each fiscal year for the acquisition of lands, waters, or interests therein within areas specified in section 4601-9(a) (1) of this title. Any such contract may be executed by the head of the department concerned, within limitations prescribed by the Secretary of the Interior. Any such contract so entered into shall be deemed a contractual obligation of the United States and shall be liquidated with money

Section 1 of the Act of March 4, 1929, referred to in the text, was classified to former section 14 of this title.

The Flood Control Act of 1962, referred to in the text, is Pub. L. 87–874, Oct. 23, 1962, 76 Stat. 1173.

CODIFICATION Section formerly constituted the fourth paragraph of section 2(a) of Pub. L. 88-578 which was classified to section 4601-5(a) of this title. The paragraph was lifted out of section 2(a) and redesignated section 10 by section 1(a) of Pub. L. 90 401, which, for purposes of classification, resulted in the designation of the paragraph as section 4601–10c of this title (this section).

EFFECTIVE DATE Section effective Jan. 1, 1965, see note set out under section 4601-4 of this title. Transfer of the provisions of this section from section 4601-5(a) of this title to this section effective Dec. 31, 1971, see section 1(d) of Pub. L. 90-401, as amended by section 1 of Pub. L. 91-308, set out as a note under section 4601-5 of this title.

(b) Refunds of gasoline taxes for certain nonhighway

purposes or used by local transit systems and motorboat fuel taxes from conservation fund into

general fund of the Treasury. There shall be paid from time to time from the land and water conservation fund into the general fund of the Treasury amounts estimated by the Secretary of the Treasury as equivalent to

(1) the amounts paid before July 1, 1978, under section 6421 of Title 26 (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems) with respect to gasoline used after December 31, 1964, in motorboats, on the basis of claims filed for periods ending before October 1, 1977; and

(2) 80 percent of the floor stocks refunds made before July 1, 1978, under section 6412(a) (2) of Title 26 with respect to gasoline to be used in

motorboats. (Pub. L. 88–578, title II, $ 201, Sept. 3, 1964, 78 Stat. 904; Pub. L. 91-605, title III, § 302, Dec. 31, 1970, 84 Stat. 1743.)

REFERENCES IN TEXT Section 209(f) (5) of the Highway Revenue Act of 1956, referred to in subsec. (a), is set out as a note under section 120 of Title 23, Highways.

AMENDMENTS 1970—Subsec. (b). Pub. L. 91-605 substituted "1977" for "1972" and "1978" for "1973" in two instances.

EFFECTIVE DATE Section effective Jan. 1, 1965, see note set out under section 4601-4 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1c, 4601–7, 4602–8, 4601-11 of this title.

§ 4601–11. Transfers to and from land and water con

servation fund. (a) Motorboat fuel taxes from Highway Trust Fund

into conservation fund. There shall be set aside in the land and water conservation fund in the Treasury of the United States provided for in sections 4601–4 to 4601–11 of this title the amounts specified in section 209(f) (5) of the Highway Revenue Act of 1956 (relating to special motor fuels and gasoline used in motorboats).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1c, 4601-4, 4601-5, 4601-6, 4601-7, 4601-8, 4601–10c of this title.

6. National Trails System

16 U.S.C. 1241-1249 Sec.

(c) Facilities on national scenic trails; permis1241. National trails system; establishment; Congres

sible activities; use of motorized vehicles; sional declaration of policy; initial components.

establishment of uniform marker; place1242. Composition of national trails system; recreation

ment of uniform markers. trails; scenic trails; connecting or side trails;

(d) Use and acquisition of lands within exterior uniform marker.

boundaries of areas included in right-of1243. National recreation trails; establishment and des

way; acreage limitation. ignation; prerequisites.

(e) Right-of-way lands outside exterior bound1244. National scenic trails.

aries of federally administered areas; (a) Establishment and designation; Appalachian

cooperative agreements or acquisition; Trail; administration; Pacific Crest Trail;

failure to agree or acquire; agreement or administration; advisory councils; com

acquisition by Secretary concerned; right position.

of first refusal for original owner upon (b) Additional national scenic trails; feasibility

disposal. studies; consultations; submission of pro

(f) Exchange of property within the right-ofposals to the President and Congress; ac

way by Secretary of Interior; property companying report.

subject to exchange; equalization of value (c) Routes subject to consideration for designa

of property; exchange of national forest tion as national scenic trails.

lands by Secretary of Agriculture. 1245. Connecting or side trails; establishment; designa

(g) Condemnation proceedings to acquire prition and marking as components of national

vate lands; limitations; availability of trails system; location.

funds for acquisition of lands or interests 1246. Administration and development of national trails

therein. system.

(h) Development and maintenance of national (a) Rights-of-way for national scenic trails;

recreation or scenic trails; cooperation criteria for selection; notice; agreement

with the states over portions located by federal officials having jurisdiction over

outside of federally administered areas; selected lands; consultations.

cooperative agreements; reservation of (b) Relocation of segment of national scenic

right-of-way for trails in conveyances by trail right-of-way; determination of neces

Secretary of Interior. sity with official having jurisdiction; neces

(1) Regulations; issuance; concurrence and consity for Act of Congress.

sultation; revision; publication; violations; penalties.

national trails system. (Pub. L. 90-543, $ 3, Oct. 2, 1968, 82 Stat. 919.)

Sec.
1247. State and local area recreation trails.

(a) Secretary of Interior to encourage states,

political subdivisions, and private interests; financial assistance for state and

local projects. (b) Secretary of Housing and Urban Develop

ment to encourage metropolitan and other urban areas; administrative and financial assistance in connection with recreation and transportation planning; administra

tion of urban open-space program. (c) Secretary of Agriculture to encourage states,

local agencies, and private interests. (d) Designation and marking of trails; approval

of Secretary of Interior. 1248. Easements and rights-of-way; conditions; coop

eration of federal agencies with Secretary of In

terior and Secretary of Agriculture. 1249. Authorization of appropriations.

$ 1241. National trails system; establishment; Con

gressional declaration of policy; initial components. (a) In order to provide for the ever-increasing outdoor recreation needs of an expanding population and in order to promote public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas of the Nation, trails should be established (i) primarily, near the urban areas of the Nation, and (ii) secondarily, within established scenic areas more remotely located.

(b) The purpose of this chapter is to provide the means for attaining these objectives by instituting a national system of recreation and scenic trails, by designating the Appalachian Trail and the Pacific Crest Trail as the initial components of that system, and by prescribing the methods by which, and standards according to which, additional components may be added to the system. (Pub. L. 90-543, $ 2, Oct. 2, 1968, 82 Stat. 919.)

SHORT TITLE Section 1 of Pub. L. 90-543 provided that: “This Act (which enacted this chapter) may be cited as the 'National Trails System Act'."

$ 1243. National recreation trails; establishment and

designation; prerequisites. (a) The Secretary of the Interior, or the Secretary of Agriculture where lands administered by him are involved, may establish and designate national recreation trails, with the consent of the Federal agency, State, or political subdivision having jurisdiction over the lands involved, upon finding that,

(i) such trails are reasonably accessible to urban areas, and, or

(ii) such trails meet the criteria established in this chapter and such supplementary criteria as he may prescribe.

(b) As provided in this section, trails within park, forest, and other recreation areas administered by the Secretary of the Interior or the Secretary of Agriculture or in other federally administered areas may be established and designated as “National Recreation Trails" by the appropriate Secretary and, when no Federal land acquisition is involved

(i) trails in or reasonably accessible to urban areas may be designated as "National Recreation Trails" by the Secretary of the Interior with the consent of the States, their political subdivisions, or other appropriate administering agencies, and

(ii) trails within park, forest, and other recreation areas owned or administered by States may be designated as “National Recreation Trails" by the Secretary of the Interior with the consent of

the State. (Pub. L. 90-543, § 4, Oct. 2, 1968, 82 Stat. 919.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1242 of this title.

$ 1242. Composition of national trails system; recrea

tion trails; scenic trails; connecting or side trails;

uniform marker. The national system of trails shall be composed of

(a) National recreation trails, established as provided in section 1243 of this title, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas.

(b) National scenic trails, established as provided in section 1244 of this title, which will be extended trails so located as to provide for maximum outdoor recreation potential and for the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which such trails may pass.

(c) Connecting or side trails, established as provided in section 1245 of this title, which will provide additional points of public access to national recreation or national scenic trails or which will provide connections between such trails.

The Secretary of the Interior and the Secretary of Agriculture, in consultation with appropriate governmental agencies and public and private organizations, shall establish a uniform marker for the

$ 1244. National scenic trails. (a) Establishment and designation; Appalachian

Trail; administration; Pacific Crest Trail; admin

istration; advisory councils; composition. National scenic trails shall be authorized and designated only by Act of Congress. There are hereby established as the initial National Scenic Trails:

(1) The Appalachian Trail, a trail of approximately two thousand miles extending generally along the Appalachian Mountains from Mount Katahdin, Maine, to Springer Mountain, Georgia. Insofar as practicable, the right-of-way for such trail shall comprise the trail depicted on the maps identified as “Nationwide System of Trails, Proposed Appalachian Trail, NST-AT-101-May 1967", which shall be on file and available for public inspection in the office of the Director of the National Park Service. Where practicable, such rights-of-way shall include lands protected for it under agreements in effect as of October 2, 1968, to which Federal agencies and States were parties. The Appalachian Trail shall be administered primarily as a footpath by the Secretary of the Interior, in consultation with the Secretary of Agriculture.

(2) The Pacific Crest Trail, a trail of approximately two thousand three hundred fifty miles, extending from the Mexican-California border northward generally along the mountain ranges of the west coast States to the Canadian-Washington

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border near Lake Ross, following the route as generally depicted on the map, identified as “Nationwide System of Trails, Proposed Pacific Crest Trail, NSTPC-103-May 1967" which shall be on file and available for public inspection in the office of the Chief of the Forest Service. The Pacific Crest Trail shall be administered by the Secretary of Agriculture, in consultation with the Secretary of the Interior.

(3) The Secretary of the Interior shall establish an advisory council for the Appalachian National Scenic Trail, and the Secretary of Agriculture shall establish an advisory council for the Pacific Crest National Scenic Trail. The appropriate Secretary shall consult with such council from time to time with respect to matters relating to the trail, including the selection of rights-of-way, standards of the erection and maintenance of markers along the trail, and the administration of the trail. The members of each advisory council, which shall not exceed thirty-five in number, shall serve without compensation or expense to the Federal Government for a term of five years and shall be appointed by the appropriate Secretary as follows:

(i) A member appointed to represent each Federal department or independent agency administering lands through which the trail route passes and each appointee shall be the person designated by the head of such department or agency;

(ii) A member appointed to represent each State through which the trail passes and such appointments shall be made from recommendations of the Governors of such States;

(iii) One or more members appointed to represent private organizations, including landowners and land users, that, in the opinion of the Secretary, have an established and recognized interest in the trail and such appointments shall be made from recommendations of the heads of such organizations: Provided, That the Appalachian Trail Conference shall be represented by a sufficient number of persons to represent the various sections of the country through which the Appalachian Trail passes; and

(iv) The Secretary shall designate one member to be chairman and shall fill vacancies in the same

manner as the original appointment. (b) Additional national scenic trails; feasibility

studies; consultations; submission of proposals to

the President and Congress; accompanying report. The Secretary of the Interior, and the Secretary of Agriculture where lands administered by him are involved, shall make such additional studies as are herein or may hereafter be authorized by the Congress for the purpose of determining the feasibility and desirability of designating other trails as national scenic trails. Such studies shall be made in consultation with the heads of other Federal agencies administering lands through which such additional proposed trails would pass and in cooperation with interested interstate, State, and local governmental agencies, public and private organizations, and landowners and land users concerned. When completed, such studies shall be the basis of appropriate proposals for additional national scenic trails which shall be submitted from time to time to the President and to the Congress. Such proposals shall be

accompanied by a report, which shall be printed as a House or Senate document, showing among other things—

(1) the proposed route of such trail (including maps and illustrations);

(2) the areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural, or developmental, purposes;

(3) the characteristics which, in the judgment of the appropriate Secretary, make the proposed trail worthy of designation as a national scenic trail;

(4) the current status of land ownership and current and potential use along the designated route;

(5) the estimated cost of acquisition of lands or interests in lands, if any;

(6) the plans for developing and maintaining the trail and the cost thereof;

(7) the proposed Federal administering agency (which, in the case of a national scenic trail wholly or substantially within a national forest, shall be the Department of Agriculture);

(8) the extent to which a State or its political subdivisions and public and private organizations might reasonably be expected to participate in acquiring the necessary lands in the administration thereof; and

(9) the relative uses of the lands involved, including: the number of anticipated visitor-days for the entire length of, as well as for segments of, such trail; the number of months which such trail, or segments thereof, will be open for recreation purposes; the economic and social benefits which might accrue from alternate land uses; and the estimated man-years of civilian employment and expenditures expected for the purposes of maintainance, supervision, and regulation of

such trail. (c) Routes subject to consideration for designation as

national scenic trails. The following routes shall be studied in accordance with the objectives outlined in subsection (b) of this section:

(1) Continental Divide Trail, a three-thousandone-hundred-mile trail extending from near the Mexican border in southwestern New Mexico northward generally along the Continental Divide to the Canadian border in Glacier National Park.

(2) Potomac Heritage Trail, an eight-hundredand-twenty-five-mile trail extending generally from the mouth of the Potomac River to its sources in Pennsylvania and West Virginia, including the onehundred-and-seventy-mile Chesapeake and Ohio Canal towpath.

(3) Old Cattle Trails of the Southwest from the vicinity of San Antonio, Texas, approximately eight hundred miles through Oklahoma via Baxter Springs and Chetopa, Kansas, to Fort Scott, Kansas, including the Chisholm Trail, from the vicinity of San Antonio or Cuero, Texas, approximately eight hundred miles north through Oklahoma to Abilene, Kansas.

(4) Lewis and Clark Trail, from Wood River, Illinois, to the Pacific Ocean in Oregon, following both the outbound and inbound routes of the Lewis and Clark Expedition.

(5) Natchez Trace, from Nashville, Tennessee, approximately six hundred miles to Natchez, Mississippi.

(6) North Country Trail, from the Appalachian Trail in Vermont, approximately three thousand two hundred miles through the States of New York, Pennsylvania, Ohio, Michigan, Wisconsin, and Minnesota, to the Lewis and Clark Trail in North Dakota.

(7) Kittanning Trail from Shirleysburg in Huntingdon County to Kittanning, Armstrong County, Pennsylvania.

(8) Oregon Trail, from Independence, Missouri, approximately two thousand miles to near Fort Vancouver, Washington.

(9) Santa Fe Trail, from Independence, Missouri, approximately eight hundred miles to Santa Fe, New Mexico.

(10) Long Trail, extending two hundred and fiftyfive miles from the Massachusetts border northward through Vermont to the Canadian border.

(11) Mormon Trail, extending from Nauvoo, IInois, to Salt Lake City, Utah, through the States of Iowa, Nebraska, and Wyoming.

(12) Gold Rush Trails in Alaska.

(13) Mormon Battalion Trail, extending two thousand miles from Mount Pisgah, Iowa, through Kansas, Colorado, New Mexico, and Arizona to Los Angeles, California.

(14) El Camino Real from St. Augustine to San Mateo, Florida, approximately 20 miles along the southern boundary of the St. Johns River from Fort Caroline National Memorial to the St. Augustine National Park Monument. (Pub. L. 90–543, § 5, Oct. 2, 1968, 82 Stat. 920.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1242, 1246 of this title.

thereof in the Federal Register, together with appropriate maps and descriptions: Provided, That in selecting the rights-of-way full consideration shall be given to minimizing the adverse effects upon the adjacent landowner or user and his operation. Development and management of each segment of the National Trails System shall be designed to harmonize with and complement any established multipleuse plans for that specific area in order to insure continued maximum benefits from the land. The location and width of such rights-of-way across Federal lands under the jurisdiction of another Federal agency shall be by agreement between the head of that agency and the appropriate Secretary. In selecting rights-of-way for trail purposes, the Secretary shall obtain the advice and assistance of the States, local governments, private organizations. and landowners and land users concerned. (b) Relocation of segment of national scenic trail

right-of-way; determination of necessity with official having jurisdiction; necessity for Act of

Congress. After publication of notice in the Federal Register, together with appropriate maps and descriptions, the Secretary charged with the administration of a national scenic trail may relocate segments of a national scenic trail right-of-way, with the concurrence of the head of the Federal agency having jurisdiction over the lands involved, upon a determination that: (i) such a relocation is necessary to preserve the purposes for which the trail was established, or (ii) the relocation is necessary to promote a sound land management program in accordance with established multiple-use principles: Provided, That a substantial relocation of the rightsof-way for such trail shall be by Act of Congress. (c) Facilities on national scenic trails; permissible

activities; use of motorized vehicles; establishment of uniform marker; placement of uniform

markers. National scenic trails may contain campsites, shelters, and related-public-use facilities. Other uses along the trail, which will not substantially interfere with the nature and purposes of the trail, may be permitted by the Secretary charged with the administration of the trail. Reasonable efforts shall be made to provide sufficient access opportunities to such trails and, to the extent practicable, efforts shall be made to avoid activities incompatible with the purposes for which such trails were established. The use of motorized vehicles by the general public along any national scenic trail shall be prohibited and nothing in this chapter shall be construed as authorizing the use of motorized vehicles within the natural and historical areas of the national park system, the national wildlife refuge system, the national wilderness preservation system where they are presently prohibited or on other Federal lands where trails are designated as being closed to such use by the appropriate Secretary: Provided, That the Secretary charged with the administration of such trail shall establish regulations which shall authorize the use of motorized vehicles when, in his judgment, such vehicles are necessary to meet emergencies or to enable adjacent landowners or

com

§ 1245. Connecting or side trails; establishment, desig.

nation, and marking as components of national

trails system; location. Connecting or side trails within park, forest, and other recreation areas administered by the Secretary of the Interior or Secretary of Agriculture may be established, designated, and marked as ponents of a national recreation or national scenic trail. When no Federal land acquisition is involved, connecting or side trails may be located across lands administered by interstate, State, or local governmental agencies with their consent: Provided, That such trails provide additional points of public access to national recreation or scenic trails. (Pub. L. 90543, § 6, Oct. 2, 1968, 82 Stat. 922.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1242 of this title. § 1246. Administration and development of national

trails system. (a) Rights-of-way for national scenic trails; criteria

for selection; notice; agreement by federal officials having jurisdiction over selected lands; con

sultations. Pursuant to section 1244(a) of this title, the appropriate Secretary shall select the rights-of-way for National Scenic Trails and shall publish notice

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