16 USC CHAPTER 103, SUBCHAPTER II, Part A: Access for People With Disabilities

From Title 16—CONSERVATIONCHAPTER 103—EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCESSUBCHAPTER II—ACCESS AMERICA

Part A—Access for People With Disabilities

§8481. Accessible recreation inventory

(a) Assessment

Not later than 5 years after January 4, 2025, the Secretary concerned shall—

(1) carry out a comprehensive assessment of outdoor recreation facilities on Federal recreational lands and waters under the jurisdiction of the respective Secretary concerned to determine the accessibility of such outdoor recreation facilities, consistent with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29, including—

(A) camp shelters, camping facilities, and camping units;

(B) boat launch ramps;

(D) outdoor constructed features;

(E) picnic facilities and picnic units; and

(F) any other outdoor recreation facilities, as determined by the Secretary concerned; and

(2) make information about such opportunities available (including through the use of prominently displayed links) on public websites of—

(A) each of the Federal land management agencies; and

(B) each relevant unit and subunit of the Federal land management agencies.

(b) Inclusion of current assessments

As part of the comprehensive assessment required under subsection (a)(1), to the extent practicable, the Secretary concerned may rely on assessments completed or data gathered prior to January 4, 2025.

(c) Public information

Not later than 7 years after January 4, 2025, the Secretary concerned shall identify opportunities to create, update, or replace signage and other publicly available information, including web page information, related to accessibility and consistent with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29 at outdoor recreation facilities covered by the assessment required under subsection (a)(1).

(Pub. L. 118–234, title II, §211, Jan. 4, 2025, 138 Stat. 2881.)

Editorial Notes

References in Text

The Architectural Barriers Act of 1968, referred to in subsecs. (a)(1) and (c), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§4151 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 4151 of Title 42 and Tables.

Section 794 of title 29, referred to in subsecs. (a)(1) and (c), was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning section 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress.

§8482. Trail inventory

(a) Assessment

Not later than 7 years after January 4, 2025, the Secretary concerned shall—

(1) conduct a comprehensive assessment of high-priority trails, in accordance with subsection (b), on Federal recreational lands and waters under the jurisdiction of the respective Secretary concerned, including measuring each trail's—

(A) average and minimum tread width;

(B) average and maximum running slope;

(D) tread type; and

(E) length; and

(2) make information about such high-priority trails available (including through the use of prominently displayed links) on public websites of—

(A) each of the Federal land management agencies; and

(B) each relevant unit and subunit of the Federal land management agencies.

(b) Selection

The Secretary concerned shall select high-priority trails to be assessed under subsection (a)(1)—

(1) in consultation with stakeholders, including veterans organizations and organizations with expertise or experience providing outdoor recreation opportunities to individuals with disabilities;

(2) in a geographically equitable manner; and

(3) in no fewer than 15 units or subunits managed by the Secretary concerned.

(c) Inclusion of current assessments

As part of the assessment required under subsection (a)(1), the Secretary concerned may, to the extent practicable, rely on assessments completed or data gathered prior to January 4, 2025.

(d) Public information

(1) In general

Not later than 7 years after January 4, 2025, the Secretary concerned shall identify opportunities to replace signage and other publicly available information, including web page information, related to such high-priority trails and consistent with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29 at high-priority trails covered by the assessment required under subsection (a)(1).

(2) Tread obstacles

As part of the assessment required under subsection (a)(1), the Secretary may, to the extent practicable, include photographs or descriptions of tread obstacles and barriers.

(e) Assistive technology specification

In publishing information about each trail under this subsection, the Secretary concerned shall make public information about trails that do not meet the Architectural Barriers Act accessibility guidelines but could otherwise provide outdoor recreation opportunities to individuals with disabilities through the use of certain assistive technology.

(Pub. L. 118–234, title II, §212, Jan. 4, 2025, 138 Stat. 2881.)

Editorial Notes

References in Text

The Architectural Barriers Act of 1968, referred to in subsec. (d)(1), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§4151 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 4151 of Title 42 and Tables.

Section 794 of title 29, referred to in subsec. (d)(1), was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning section 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress.

§8483. Trail pilot program

(a) In general

Not later than 2 years after January 4, 2025, the Secretary concerned shall carry out a pilot program to enter into partnerships with eligible entities to—

(1) measure high-priority trails as part of the assessment required under section 8482 of this title;

(2) develop accessible trails under section 8484 of this title; and

(3) make minor modifications to existing trails to enhance recreational experiences for individuals with disabilities using assistive technology—

(A) in compliance with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible trail is located; and

(B) in consultation with stakeholders, including veterans organizations and organizations with expertise or experience providing outdoor recreation opportunities to individuals with disabilities.

(b) Locations

(1) In general

The Secretary concerned shall select no fewer than 5 units or subunits under the jurisdiction of the respective Secretary concerned to carry out the pilot program established under subsection (a).

(2) Special rule of construction for the Department of the Interior

In selecting the locations of the pilot program, the Secretary shall ensure that the pilot program is carried out in at least one unit managed by the—

(A) National Park Service;

(B) Bureau of Land Management; and

(c) Sunset

The pilot program established under this subsection ¹ shall terminate on the date that is 7 years after January 4, 2025.

(Pub. L. 118–234, title II, §213, Jan. 4, 2025, 138 Stat. 2882.)

¹ So in original. Probably should be "this section".

§8484. Accessible trails

(a) In general

Not later than 1 year after January 4, 2025, the Secretary concerned shall select a location or locations to develop at least 3 new accessible trails—

(1) on National Forest System lands in each region of the Forest Service;

(2) on land managed by the National Park Service in each region of the National Park Service;

(3) on land managed by the Bureau of Land Management in each region of the Bureau of Land Management; and

(4) on land managed by the United States Fish and Wildlife Service in each region of the United States Fish and Wildlife Service.

(b) Development

In developing an accessible trail under subsection (a), the Secretary concerned—

(1) may—

(A) create a new accessible trail;

(B) modify an existing trail into an accessible trail; or

(2) shall—

(A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible trail;

(B) ensure the accessible trail complies with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29; and

(C) to the extent practicable, ensure that outdoor constructed features supporting the accessible trail, including trail bridges, parking spaces, and restroom facilities, meet the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29.

(c) Completion

Not later than 7 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders described under subsection (b)(2), shall complete each accessible trail developed under subsection (a).

(d) Maps, signage, and promotional materials

For each accessible trail developed under subsection (a), the Secretary concerned shall—

(1) publish and distribute maps and install signage, consistent with Architectural Barriers Act of 1968 accessibility guidelines and section 794d of title 29; and

(2) coordinate with stakeholders to leverage any non-Federal resources necessary for the development, stewardship, completion, or promotion of the accessible trail.

(e) Conflict avoidance with other uses

In developing each accessible trail under subsection (a), the Secretary concerned shall ensure that the accessible trail—

(1) minimizes conflict with—

(A) the uses in effect before January 4, 2025, with respect to any trail that is part of that accessible trail;

(B) multiple-use areas where biking, hiking, horseback riding, off-highway vehicle recreation, or use by pack and saddle stock are existing uses on January 4, 2025; or

(2) complies with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible trail is located.

(f) Reports

(1) Interim report

Not later than 3 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders and other interested organizations, shall prepare and publish an interim report that lists the accessible trails developed under this section during the previous 3 years.

(2) Final report

Not later than 7 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders and other interested organizations, shall prepare and publish a final report that lists the accessible trails developed under this section.

(Pub. L. 118–234, title II, §214, Jan. 4, 2025, 138 Stat. 2883.)

Editorial Notes

References in Text

The Architectural Barriers Act of 1968, referred to in subsec. (b)(2)(B), (C), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§4151 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 4151 of Title 42 and Tables.

Section 794 of title 29, referred to in subsec. (b)(2)(B), (C), was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning section 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress.

Section 794d of title 29, referred to in subsec. (d)(1), was in the original a reference to section 508 of the Rehabilitation Act, and was translated as meaning section 508 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress.

The National Trails System Act, referred to in subsec. (e)(1)(C), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, which is classified generally to chapter 27 (§1241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of this title and Tables.

§8485. Accessible recreation opportunities

(a) In general

Not later than 1 year after January 4, 2025, the Secretary concerned shall select a location to develop at least 2 new accessible recreation opportunities—

(1) on National Forest System lands in each region of the Forest Service;

(2) on land managed by the National Park Service in each region of the National Park Service;

(3) on land managed by the Bureau of Land Management in each region of the Bureau of Land Management; and

(4) on land managed by the United States Fish and Wildlife Service in each region of the United States Fish and Wildlife Service.

(b) Development

In developing an accessible recreation opportunity under subsection (a), the Secretary concerned—

(1) may—

(A) create a new accessible recreation opportunity; or

(B) modify an existing recreation opportunity into an accessible recreation opportunity; and

(2) shall—

(A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible recreation opportunity;

(B) ensure the accessible recreation opportunity complies with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29; and

(C) to the extent practicable, ensure that outdoor constructed features supporting the accessible recreation opportunity, including trail bridges, parking spaces and restroom facilities, meet the requirements of the Architectural Barriers Act of 1968 and section 794 of title 29.

(c) Accessible recreation opportunities

The accessible recreation opportunities developed under subsection (a) may include improving accessibility or access to—

(1) camp shelters, camping facilities, and camping units;

(2) hunting, fishing, shooting, or archery ranges or locations;

(3) snow activities, including skiing and snowboarding;

(4) water activities, including kayaking, paddling, canoeing, and boat launch ramps;

(5) rock climbing;

(6) biking;

(7) off-highway vehicle recreation;

(8) picnic facilities and picnic units;

(9) outdoor constructed features; and

(10) any other new or existing recreation opportunities identified in consultation with stakeholders under subsection (b)(2) and consistent with the applicable land management plan.

(d) Completion

Not later than 7 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders consulted with under subsection (b)(2), shall complete each accessible recreation opportunity developed under subsection (a).

(e) Maps, signage, and promotional materials

For each accessible recreation opportunity developed under subsection (a), the Secretary concerned shall—

(1) publish and distribute maps and install signage, consistent with Architectural Barriers Act accessibility guidelines and section 794d of title 29; and

(2) coordinate with stakeholders to leverage any non-Federal resources necessary for the development, stewardship, completion, or promotion of the accessible trail.

(f) Conflict avoidance with other uses

In developing each accessible recreation opportunity under subsection (a), the Secretary concerned shall ensure that the accessible recreation opportunity—

(1) minimizes conflict with—

(A) the uses in effect before January 4, 2025, with respect to any Federal recreational lands and waters on which the accessible recreation opportunity is located; or

(B) multiple-use areas in existence on January 4, 2025; and

(2) complies with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible recreational opportunity is located.

(g) Reports

(1) Interim report

Not later than 3 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders and other interested organizations, shall prepare and publish an interim report that lists the accessible recreation opportunities developed under this section during the previous 3 years.

(2) Final report

(Pub. L. 118–234, title II, §215, Jan. 4, 2025, 138 Stat. 2884.)

Editorial Notes

References in Text

Section 794d of title 29, referred to in subsec. (e)(1), was in the original a reference to section 508 of the Rehabilitation Act, and was translated as meaning section 508 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress.

§8486. Assistive technology

In carrying out this part, the Secretary concerned may enter into partnerships, contracts, or agreements with other Federal, State, Tribal, local, or private entities, including existing outfitting and guiding services, to make assistive technology available on Federal recreational lands and waters.

(Pub. L. 118–234, title II, §216, Jan. 4, 2025, 138 Stat. 2886.)

§8487. Savings clause

Nothing in the ¹ part shall be construed to create any conflicting standards with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29.

(Pub. L. 118–234, title II, §217, Jan. 4, 2025, 138 Stat. 2886.)

Editorial Notes

References in Text

The Architectural Barriers Act of 1968, referred to in text, is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§4151 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 4151 of Title 42 and Tables.

Section 794 of title 29, referred to in text, was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning section 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress.

¹ So in original. Probably should be "this".