(F) $30,000,000 for fiscal year 1997. (e) USE OF ALLOCATED MONEYS. (1) PERMISSIBLE USES.-A State may use moneys received under this part for (A) in an amount not exceeding 7 percent of the amount of moneys received by the State, administrative costs of the State; (B) in an amount not exceeding 5 percent of the amount of moneys received by the State, operation of environmental protection and safety education programs relating to the use of recreational trails; (C) development of urban trail linkages near homes and workplaces; (D) maintenance of existing recreational trails, including the grooming and maintenance of trails across snow; (E) restoration of areas damaged by usage of recreational trails and back country terrain; (F) development of trail-side and trail-head facilities that meet goals identified by the National Recreational Trails Advisory Committee; (G) provision of features which facilitate the access and use of trails by persons with disabilities; (H) acquisition of easements for trails, or for trail corridors identified in a State trail plan; (I) acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means; (J) construction of new trails on State, county, municipal, or private lands, where a recreational need for such construction is shown; and (K) only as otherwise permissible, and where necessary and required by a State Comprehensive Outdoor Recreation plan1, construction of new trails crossing Federal lands, where such construction is approved by the administering agency of the State, and the Federal agency or agencies charged with management of all impacted lands, such approval to be contingent upon compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.). (2) USE NOT PERMITTED.-A State may not use moneys received under this part for (A) condemnation of any kind of interest in property; (B)(i) construction of any recreational trail on National Forest System lands for motorized uses unless such lands 1In subparagraph (K), the reference should be to a "comprehensive statewide outdoor recreation plan". See section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. (A) PRIOR TO FISCAL YEAR 2001.-Prior to October 1, 2000, the Federal share of the cost of a project under this section shall be 50 percent. (B) FISCAL YEAR 2001 AND THEREAFTER.-For fiscal year 2001 and each fiscal year thereafter, a State shall be eligible to receive moneys under this part for a fiscal year only if the State agrees to expend from non-Federal sources for carrying out projects under this part an amount equal to 20 percent of the amount received by the State under this part in that fiscal year. (d) ALLOCATION OF MONEYS IN THE FUND.— (1) ADMINISTRATIVE COSTS.-No more than 3 percent of the expenditures made annually from the Fund may be used to pay the cost to the Secretary for (A) approving applications of States for moneys under this part; (B) paying expenses of the National Recreational Trails Advisory Committee; (C) conducting national surveys of nonhighway recreational fuel consumption by State, for use in making determinations and estimations pursuant to this part; (D) contracting for services with other land management agencies; and (E) if any such funds remain unexpended, research on methods to accommodate multiple trail uses and increase the compatibility of those uses, information dissemination, technical assistance, and preparation of a national trail plan as required by the National Trails System Act (16 U.S.C. 1241 et al). (2) ALLOCATION TO STATES.— (A) AMOUNT.-Amounts in the Fund remaining after payment of the administrative costs described in paragraph (1), shall be allocated and paid to the States annually in the following proportions: (i) EQUAL AMOUNTS.-50 percent of such amounts shall be allocated equally among eligible States. (ii) AMOUNTS PROPORTIONATE TO NONHIGHWAY RECREATIONAL FUEL USE.-50 percent of such amounts shall be allocated among eligible States in proportion to the amount of nonhighway recreational fuel use during the preceding year in each such State, respectively. (B) USE OF DATA.-In determining amounts of nonhighway recreational fuel use for the purpose of subparagraph (A)(ii), the Secretary may consider data on offhighway vehicle registrations in each State. (3) LIMITATION ON OBLIGATIONS.-The provisions of paragraphs (1) and (2) notwithstanding, the total of all obligations for recreational trails under this section shall not exceed― (A) $30,000,000 for fiscal year 1992; (B) $30,000,000 for fiscal year 1993; (C) $30,000,000 for fiscal year 1994; (D) $30,000,000 for fiscal year 1995; (E) $30,000,000 for fiscal year 1996; and (F) $30,000,000 for fiscal year 1997. (e) USE OF ALLOCATED MONEYS. (1) PERMISSIBLE USES.-A State may use moneys received under this part for (A) in an amount not exceeding 7 percent of the amount of moneys received by the State, administrative costs of the State; (B) in an amount not exceeding 5 percent of the amount of moneys received by the State, operation of environmental protection and safety education programs relating to the use of recreational trails; (C) development of urban trail linkages near homes and workplaces; (D) maintenance of existing recreational trails, including the grooming and maintenance of trails across snow; (E) restoration of areas damaged by usage of recreational trails and back country terrain; (F) development of trail-side and trail-head facilities that meet goals identified by the National Recreational Trails Advisory Committee; (G) provision of features which facilitate the access and use of trails by persons with disabilities; (H) acquisition of easements for trails, or for trail corridors identified in a State trail plan; (I) acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means; (J) construction of new trails on State, county, municipal, or private lands, where a recreational need for such construction is shown; and (K) only as otherwise permissible, and where necessary and required by a State Comprehensive Outdoor_Recreation plan1, construction of new trails crossing Federal lands, where such construction is approved by the administering agency of the State, and the Federal agency or agencies charged with management of all impacted lands, such approval to be contingent upon compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.). (2) USE NOT PERMITTED.-A State may not use moneys received under this part for (A) condemnation of any kind of interest in property; (B)(i) construction of any recreational trail on National Forest System lands for motorized uses unless such lands 1In subparagraph (K), the reference should be to a "comprehensive statewide outdoor recreation plan". See section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. (I) have been allocated for uses other than wilderness by an approved Forest land and resource management plan or have been released to uses other than wilderness by an Act of Congress, and (II) such construction is otherwise consistent with the management direction in such approved land and resource management plan; or (ii) construction of any recreational trail on Bureau of Land Management lands for motorized uses unless such lands (I) have been allocated for uses other than wilderness by an approved Bureau of Land Management resource management plan or have been released to uses other than wilderness by an Act of Congress, and (II) such construction is otherwise consistent with the management direction in such approved management plans; or (C) upgrading, expanding, or otherwise facilitating motorized use or access to trails predominantly used by nonmotorized trail users and on which, as of May 1, 1991, motorized use is either prohibited or has not occurred. (3) GRANTS. (A) IN GENERAL.-A State may provide moneys received under this part to make grants to private individuals, organizations, city and county governments, and other government entities as approved by the State after considering guidance from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A), for uses consistent with this section. (B) COMPLIANCE.-A State that issues such grants under subparagraph (A) shall establish measures to verify that recipients comply with the specified conditions for the use of grant moneys. (4) ASSURED ACCESS TO FUNDS.-Except as provided under paragraphs (7) and (9)(B), not less than 30 percent of the moneys received annually by a State under this part shall be reserved for uses relating to motorized recreation, and not less than 30 percent of those moneys shall be reserved for uses relating to non-motorized recreation. (5) ENVIRONMENTAL MITIGATION. (A) REQUIREMENT.-To the extent practicable and consistent with other requirements of this section, in complying with paragraph (4), a State 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. (B) GUIDANCE.-A recreational trail advisory board satisfying the requirements of subsection (c)(2)(A) shall issue guidance to a State for the purposes of implementing subparagraph (A). (6) DIVERSIFIED TRAIL USE.— (A) REQUIREMENT.-To the extent practicable and consistent with other requirements of this section, a State shall expend moneys received under this part in a manner that gives preference to project proposals which (i) provide for the greatest number of compatible recreational purposes including, but not limited to, those described under the definition of "recreational trail" in subsection (g)(5); or (ii) provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized recreational trail use. This paragraph shall remain effective until such time as a State has allocated not less than 40 percent of moneys received under this part in the aforementioned manner. (B) COMPLIANCE.-The State shall receive guidance for determining compliance with subparagraph (A) from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A). (7) SMALL STATE EXCLUSION.-Any State with a total land area of less than 3,500,000 acres, and in which nonhighway recreational fuel use accounts for less than 1 percent of all such fuel use in the United States, shall be exempted from the requirements of paragraph (4) of this subsection upon application to the Secretary by the State demonstrating that it meets the conditions of this paragraph. (8) CONTINUING RECREATIONAL USE.-At the option of each State, moneys made available pursuant to this part may be treated as Land and Water Conservation Fund moneys for the purposes of section 6(f)(3) of the Land and Water Conservation Fund Act. (9) RETURN OF MONEYS NOT EXPENDED.— (A) Except as provided in subparagraph (B), moneys paid to a State that are not expended or dedicated to a specific project within 4 years after receipt for the purposes stated in this subsection shall be returned to the Fund and shall thereafter be reallocated under the formula stated in subsection (d). (B) If approved by the State recreational trail advisory board satisfying the requirements of subsection (c)(2)(A), the State may be exempted from the requirements of paragraph (4). (f) COORDINATION OF ACTIVITIES. (1) COOPERATION BY FEDERAL AGENCIES.—Each agency of the United States Government that manages land on which a State proposes to construct or maintain a recreation trail pursuant to this part is encouraged to cooperate with the State and the Secretary in planning and carrying out the activities described in subsection (e). Nothing in this part diminishes or in any way alters the land management responsibilities, plans and policies established by such agencies pursuant to other applicable laws. (2) COOPERATION BY PRIVATE PERSONS. (A) WRITTEN ASSURANCES.-As a condition to making available moneys for work on recreational trails that would affect privately owned land, a State shall obtain |