---
kind: "section"
citation: "23 U.S.C. § 206"
title: "23"
title_heading: "Highways"
number: "206"
heading: "Recreational trails program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/206"
units:
  - "Chapter 2 — Other Highways"
---

# §206. Recreational trails program

- (a) **Definitions.—** In this section, the following definitions apply:
  - (1) **Motorized recreation.—** The term “motorized recreation” means off-road recreation using any motor-powered vehicle, except for a motorized wheelchair.
  - (2) **Recreational trail.—** The term “recreational trail” means a thoroughfare or track across land or snow, used for recreational purposes such as—
    - (A) pedestrian activities, including wheelchair use;
    - (B) skating or skateboarding;
    - (C) equestrian activities, including carriage driving;
    - (D) nonmotorized snow trail activities, including skiing;
    - (E) bicycling or use of other human-powered vehicles;
    - (F) aquatic or water activities; and
    - (G) motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles.
- (b) **Program.—** In accordance with this section, the [Secretary](/usc/23/101.md?p=a-27), in consultation with the [Secretary](/usc/23/101.md?p=a-27) of the Interior and the [Secretary](/usc/23/101.md?p=a-27) of Agriculture, shall carry out a program to provide and maintain recreational trails.
- (c) **State Responsibilities.—** To be eligible for [apportionments](/usc/23/101.md?p=a-1) under this section—
  - (1) the Governor of the [State](/usc/23/101.md?p=a-28) shall designate the [State](/usc/23/101.md?p=a-28) agency or agencies that will be responsible for administering [apportionments](/usc/23/101.md?p=a-1) made to the [State](/usc/23/101.md?p=a-28) under this section; and
  - (2) the [State](/usc/23/101.md?p=a-28) shall establish a [State](/usc/23/101.md?p=a-28) recreational trail advisory committee that represents both motorized and nonmotorized recreational trail users, which shall meet not less often than once per fiscal year.
- (d) **Use of Apportioned Funds.—**
  - (1) **In general.—** Funds apportioned to a [State](/usc/23/101.md?p=a-28) to carry out this section shall be obligated for recreational trails and related [projects](/usc/23/101.md?p=a-20) that—
    - (A) have been planned and developed under the laws, policies, and administrative procedures of the [State](/usc/23/101.md?p=a-28); and
    - (B) are identified in, or further a specific goal of, a recreational trail plan, or a statewide comprehensive outdoor recreation plan required by [chapter 2003](/usc/54/chstII/ch2003.md) of title 54, that is in effect.
  - (2) **Permissible uses.—** Permissible uses of funds apportioned to a [State](/usc/23/101.md?p=a-28) for a fiscal year to carry out this section include—
    - (A) [maintenance](/usc/23/101.md?p=a-13) and restoration of existing recreational trails;
    - (B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails;
    - (C) purchase and lease of recreational trail [construction](/usc/23/101.md?p=a-4) and [maintenance](/usc/23/101.md?p=a-13) equipment;
    - (D) [construction](/usc/23/101.md?p=a-4) of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, [construction](/usc/23/101.md?p=a-4) of the trails shall be—
      - (i) permissible under other law;
      - (ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by [chapter 2003](/usc/54/chstII/ch2003.md) of title 54 and that is in effect;
      - (iii) approved by the administering agency of the [State](/usc/23/101.md?p=a-28) designated under [subsection (c)(1)](#c-1); and
      - (iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 ([16 U.S.C. 1600](/usc/16/1600.md) et seq.), and the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1701](/usc/43/1701.md) et seq.);
    - (E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors;
    - (F) assessment of trail conditions for accessibility and [maintenance](/usc/23/101.md?p=a-13);
    - (G) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to one or more of the uses of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the [apportionment](/usc/23/101.md?p=a-1) made to the [State](/usc/23/101.md?p=a-28) for the fiscal year; and
    - (H) payment of costs to the [State](/usc/23/101.md?p=a-28) incurred in administering the program, but in an amount not to exceed 7 percent of the [apportionment](/usc/23/101.md?p=a-1) made to the [State](/usc/23/101.md?p=a-28) for the fiscal year.
  - (3) **Use of apportionments.—**
    - (A) **In general.—** Except as provided in subparagraphs [(B)](#d-3-B) and [(C)](#d-3-C), of the [apportionments](/usc/23/101.md?p=a-1) made to a [State](/usc/23/101.md?p=a-28) for a fiscal year to carry out this section—
      - (i) 40 percent shall be used for recreational trail or related [projects](/usc/23/101.md?p=a-20) that facilitate diverse recreational trail use within a recreational trail corridor, trailside, or trailhead, regardless of whether the [project](/usc/23/101.md?p=a-20) is for diverse motorized use, for diverse nonmotorized use, or to accommodate both motorized and nonmotorized recreational trail use;
      - (ii) 30 percent shall be used for uses relating to motorized recreation; and
      - (iii) 30 percent shall be used for uses relating to nonmotorized recreation.
    - (B) **Small state exclusion.—** Any [State](/usc/23/101.md?p=a-28) with a total land area of less than 3,500,000 acres shall be exempt from the requirements of clauses [(ii)](#d-3-A-ii) and [(iii)](#d-3-A-iii) of subparagraph (A).
    - (C) **State administrative costs.—** [State](/usc/23/101.md?p=a-28) administrative costs eligible for funding under [paragraph (2)(H)](#d-2-H) shall be exempt from the requirements of [subparagraph (A)](#d-3-A).
  - (4) **Grants.—**
    - (A) **In general.—** A [State](/usc/23/101.md?p=a-28) may use funds apportioned to the [State](/usc/23/101.md?p=a-28) to carry out this section to make grants to private organizations, municipal, [county](/usc/23/101.md?p=a-5), [State](/usc/23/101.md?p=a-28), and Federal Government entities, and other government entities as approved by the [State](/usc/23/101.md?p=a-28) after considering guidance from the [State](/usc/23/101.md?p=a-28) recreational trail advisory committee established under [subsection (c)(2)](#c-2), for uses consistent with this section.
    - (B) **Compliance.—** A [State](/usc/23/101.md?p=a-28) that makes grants under [subparagraph (A)](#d-4-A) shall establish measures to verify that recipients of the grants comply with the conditions of the program for the use of grant funds.
- (e) **Environmental Benefit or Mitigation.—** To the extent practicable and consistent with the other requirements of this section, a [State](/usc/23/101.md?p=a-28) should give consideration to [project](/usc/23/101.md?p=a-20) proposals that provide for the redesign, reconstruction, nonroutine [maintenance](/usc/23/101.md?p=a-13), or relocation of recreational trails to benefit the natural environment or to mitigate and minimize the impact to the natural environment.
- (f) **Federal Share.—**
  - (1) **In general.—** Subject to the other provisions of this subsection, the Federal share of the cost of a [project](/usc/23/101.md?p=a-20) and the Federal share of the administrative costs of a [State](/usc/23/101.md?p=a-28) under this section shall be determined in accordance with [section 120(b)](/usc/23/120.md?p=b).
  - (2) **Federal agency project sponsor.—** Notwithstanding any other provision of law, a Federal agency that sponsors a [project](/usc/23/101.md?p=a-20) under this section may contribute additional Federal funds toward the cost of a [project](/usc/23/101.md?p=a-20), except that—
    - (A) the share attributable to the [Secretary](/usc/23/101.md?p=a-27) of Transportation may not exceed the amount determined in accordance with [section 120(b)](/usc/23/120.md?p=b) for the cost of a [project](/usc/23/101.md?p=a-20) under this section; and
    - (B) the share attributable to the [Secretary](/usc/23/101.md?p=a-27) and the Federal agency sponsoring the [project](/usc/23/101.md?p=a-20) may not exceed 95 percent of the cost of a [project](/usc/23/101.md?p=a-20) under this section.
  - (3) **Use of funds from federal programs to provide non-federal share.—** Notwithstanding any other provision of law, the non-Federal share of the cost of the [project](/usc/23/101.md?p=a-20) may include amounts made available by the Federal Government under any Federal program that are—
    - (A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
    - (B) expended on a [project](/usc/23/101.md?p=a-20) that is eligible for assistance under this section.
  - (4) **Use of recreational trails program funds to match other federal program funds.—** Notwithstanding any other provision of law, funds made available under this section may be used toward the non-Federal matching share for other Federal program funds that are—
    - (A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and
    - (B) expended on a [project](/usc/23/101.md?p=a-20) that is eligible for assistance under this section.
  - (5) **Programmatic non-federal share.—** A [State](/usc/23/101.md?p=a-28) may allow adjustments to the non-Federal share of an individual [project](/usc/23/101.md?p=a-20) for a fiscal year under this section if the Federal share of the cost of all [projects](/usc/23/101.md?p=a-20) carried out by the [State](/usc/23/101.md?p=a-28) under the program (excluding [projects](/usc/23/101.md?p=a-20) funded under paragraph [(2)](#f-2) or [(3)](#f-3)) using funds apportioned to the [State](/usc/23/101.md?p=a-28) for the fiscal year does not exceed the Federal share as determined in accordance with [section 120(b)](/usc/23/120.md?p=b).
- (g) **Uses Not Permitted.—** A [State](/usc/23/101.md?p=a-28) may not obligate funds apportioned to carry out this section for—
  - (1) condemnation of any kind of interest in property;
  - (2) [construction](/usc/23/101.md?p=a-4) of any recreational trail on National Forest System land for any motorized use unless—
    - (A) the land has been designated for uses other than wilderness by an approved forest land and resource management plan or has been released to uses other than wilderness by an Act of Congress; and
    - (B) the [construction](/usc/23/101.md?p=a-4) is otherwise consistent with the management direction in the approved forest land and resource management plan;
  - (3) [construction](/usc/23/101.md?p=a-4) of any recreational trail on Bureau of Land Management land for any motorized use unless the land—
    - (A) has been designated for uses other than wilderness by an approved Bureau of Land Management resource management plan or has been released to uses other than wilderness by an Act of Congress; and
    - (B) the [construction](/usc/23/101.md?p=a-4) is otherwise consistent with the management direction in the approved management plan; or
  - (4) upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used by nonmotorized recreational trail users and on which, as of May 1, 1991, motorized use was prohibited or had not occurred.
- (h) **Project Administration.—**
  - (1) **Credit for donations of funds, materials, services, or new right-of-way.—**
    - (A) **In general.—** Nothing in this title or other law shall prevent a [project](/usc/23/101.md?p=a-20) sponsor from offering to donate funds, materials, services, or a new right-of-way for the purposes of a [project](/usc/23/101.md?p=a-20) eligible for assistance under this section. Any funds, or the fair market value of any materials, services, or new right-of-way, may be donated by any [project](/usc/23/101.md?p=a-20) sponsor and shall be credited to the non-Federal share in accordance with [subsection (f)](#f).
    - (B) **Federal project sponsors.—** Any funds or the fair market value of any materials or services may be provided by a Federal [project](/usc/23/101.md?p=a-20) sponsor and shall be credited to the Federal agency’s share in accordance with [subsection (f)](#f).
    - (C) **Planning and environmental assessment costs incurred prior to project approval.—** The [Secretary](/usc/23/101.md?p=a-27) may allow preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a [project](/usc/23/101.md?p=a-20) described in [subsection (d)(2)](#d-2) (other than [subparagraph (H)](#d-2-H)) in accordance with [subsection (f)](#f), limited to costs incurred less than 18 months prior to [project](/usc/23/101.md?p=a-20) approval.
  - (2) **Recreational purpose.—** A [project](/usc/23/101.md?p=a-20) funded under this section is intended to enhance recreational opportunity and is not subject to [section 138 of this title](/usc/23/138.md) or [section 303 of title 49](/usc/49/303.md).
  - (3) **Continuing recreational use.—** At the option of each [State](/usc/23/101.md?p=a-28), funds apportioned to the [State](/usc/23/101.md?p=a-28) to carry out this section may be treated as Land and Water Conservation Fund [apportionments](/usc/23/101.md?p=a-1) for the purposes of [section 200305(f)(3) of title 54](/usc/54/200305.md?p=f-3).
  - (4) **Cooperation by private persons.—**
    - (A) **Written assurances.—** As a condition of making available [apportionments](/usc/23/101.md?p=a-1) for work on recreational trails that would affect privately owned land, a [State](/usc/23/101.md?p=a-28) shall obtain written assurances that the owner of the land will cooperate with the [State](/usc/23/101.md?p=a-28) and participate as necessary in the activities to be conducted.
    - (B) **Public access.—** Any use of the [apportionments](/usc/23/101.md?p=a-1) to a [State](/usc/23/101.md?p=a-28) to carry out this section on privately owned land must be accompanied by an easement or other legally binding agreement that ensures public access to the recreational trail improvements funded by the [apportionments](/usc/23/101.md?p=a-1).
- (i) **Contract Authority.—** Funds authorized to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under [chapter 1](/usc/23/chch1.md), except that the Federal share of the cost of a [project](/usc/23/101.md?p=a-20) under this section shall be determined in accordance with this section.
- (j) **Use of Other Apportioned Funds.—** Funds apportioned to a [State](/usc/23/101.md?p=a-28) under [section 104(b)](/usc/23/104.md?p=b) that are obligated for a recreational trail or a related [project](/usc/23/101.md?p=a-20) shall be administered as if the funds were made available to carry out this section.

## Source credit

(Added Pub. L. 105–178, title I, § 1112(a), June 9, 1998, 112 Stat. 146; amended Pub. L. 109–59, title I, § 1109(b)–(e), Aug. 10, 2005, 119 Stat. 1168–1170; Pub. L. 110–244, title I, § 101(q), June 6, 2008, 122 Stat. 1576; Pub. L. 113–287, § 5(f)(3), Dec. 19, 2014, 128 Stat. 3268; Pub. L. 117–58, div. A, title I, §§ 11134, 11525(n), Nov. 15, 2021, 135 Stat. 515, 608.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables.

The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

### Prior Provisions

A prior section 206, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908, provided for use of funds for construction and improvement of park roads and trails and for administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, prior to repeal by Pub. L. 97–424, title I, § 126(d), Jan. 6, 1983, 96 Stat. 2115.

### Amendments

2021—Subsec. (d)(2)(G). Pub. L. 117–58, § 11525(n), substituted “uses of recreational trails” for “use of recreational trails”.

Subsec. (j). Pub. L. 117–58, § 11134, added subsec. (j).

2014—Subsec. (d)(1)(B). Pub. L. 113–287, § 5(f)(3)(A), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)”.

Subsec. (d)(2)(D)(ii). Pub. L. 113–287, § 5(f)(3)(B), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)”.

Subsec. (h)(3). Pub. L. 113–287, § 5(f)(3)(C), substituted “section 200305(f)(3) of title 54” for “section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3))”.

2008—Subsec. (d)(3)(A). Pub. L. 110–244 substituted “(B) and (C)” for “(B), (C), and (D)” in introductory provisions.

2005—Subsec. (d)(2). Pub. L. 109–59, § 1109(b), amended par. (2) generally. Prior to amendment, par. (2) consisted of subpars. (A) to (G) relating to permissible uses of funds apportioned to carry out this section.

Subsec. (d)(3)(C), (D). Pub. L. 109–59, § 1109(c), redesignated subpar. (D) as (C), substituted “(2)(H)” for “(2)(F)”, and struck out heading and text of former subpar. (C). Text read as follows: “A State recreational trail advisory committee established under subsection (c)(2) may waive, in whole or in part, the requirements of clauses (ii) and (iii) of subparagraph (A) if the State recreational trail advisory committee determines and notifies the Secretary that the State does not have sufficient projects to meet the requirements of clauses (ii) and (iii) of subparagraph (A).”

Subsec. (f)(1). Pub. L. 109–59, § 1109(d)(1), inserted “and the Federal share of the administrative costs of a State” after “project” and substituted “be determined in accordance with section 120(b)” for “not exceed 80 percent”.

Subsec. (f)(2)(A). Pub. L. 109–59, § 1109(d)(2), substituted “the amount determined in accordance with section 120(b) for the cost” for “80 percent of the cost”.

Subsec. (f)(2)(B). Pub. L. 109–59, § 1109(d)(3), inserted “sponsoring the project” after “Federal agency”.

Subsec. (f)(4), (5). Pub. L. 109–59, § 1109(d)(4)–(7), added par. (4), redesignated former par. (4) as (5), substituted “the Federal share as determined in accordance with section 120(b)” for “80 percent”, and struck out heading and text of former par. (5). Text read as follows: “The Federal share of the administrative costs of a State under this subsection shall be determined in accordance with section 120(b).”

Subsec. (h)(1)(C). Pub. L. 109–59, § 1109(e), added subpar. (C).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

### Nonhighway Recreational Fuel Study

Pub. L. 117–58, div. A, title I, § 11512, Nov. 15, 2021, 135 Stat. 594, provided that: Definitions.—In this section: Highway trust fund.—The term ‘Highway Trust Fund’ means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986 [26 U.S.C. 9503(a)]. Nonhighway recreational fuel taxes.—The term ‘nonhighway recreational fuel taxes’ means taxes under section[s] 4041 and 4081 of the Internal Revenue Code of 1986 [26 U.S.C. 4041, 4081] with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain). Recreational trails program.—The term ‘recreational trails program’ means the recreational trails program under section 206 of title 23, United States Code.Assessment; Report.— Assessment.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021] and not less frequently than once every 5 years thereafter, as determined by the Secretary [of Transportation], the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment. Report.—After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes— to assist Congress in determining an appropriate funding level for the recreational trails program— a description of the results of the assessment; and an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years. Consultation.—In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary determines to be appropriate— the heads of— State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and division offices of the Department [of Transportation]; the Secretary of the Treasury; the Administrator of the Federal Highway Administration; and groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates.”

### Use of Youth Service and Conservation Corps

Pub. L. 112–141, div. A, title I, § 1524, July 6, 2012, 126 Stat. 580, provided that: In General.—The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, [former] 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA–LU (119 Stat. 1228). Requirements.—Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall— set the amount of a living allowance or rate of pay for each participant in such corps at— such amount or rate as required under State law in a State with such requirements; or for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101–610 (42 U.S.C. 12594); and not subject such corps to the requirements of section 112 of title 23, United States Code.”

Similar provisions were contained in the following prior acts:

Pub. L. 109–59, title I, § 1109(f), Aug. 10, 2005, 119 Stat. 1170.

Pub. L. 105–178, title I, § 1112(e), June 9, 1998, 112 Stat. 151.