Page:United States Statutes at Large Volume 112 Part 1.djvu/176
112 STAT. 150 PUBLIC LAW 105-178-JUNE 9, 1998 management plan or has been released to uses other than wilderness by an Act of Congress; and "(B) the construction is otherwise consistent with the management direction in the approved forest land and resource management plan; "(3) construction 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 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, SERV- ICES, OR NEW RIGHT-OF-WAY.— "(A) IN GENERAL. —Nothing in this title or other law shall prevent a project sponsor from offering to donate funds, materials, services, or a new right-of-way for the purposes of a project 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 sponsor and shall be credited to the non-Federal share in accordance with subsection (f). "(B) FEDERAL PROJECT SPONSORS. — Any funds or the fair market value of any materials or services may be provided by a Federal project sponsor and shall be credited to the Federal agenc^s share in accordance with subsection (0. "(2) RECREATIONAL PURPOSE.— ^A project funded under this section is intended to enhance recreational opportunity and is not subject to section 138 of this title or section 303 of title 49. "(3) CONTINUING RECREATIONAL USE.— At the option of each State, funds apportioned to the State to carry out this section may be treated as Land and Water Conservation Fund apportionments for the purposes of section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8(f)(3)). "(4) COOPERATION BY PRIVATE PERSONS. — "(A) WRITTEN ASSURANCES.—As a condition of making available apportionments for work on recreational trails that would affect privately owned land, a State shall obtain written assurances that the owner of the land will cooperate with the State and participate as necessary in the activities to be conducted. "(B) PUBLIC ACCESS. — Any use of the apportionments to a State 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.