---
kind: "section"
citation: "16 U.S.C. § 538a"
title: "16"
title_heading: "Conservation"
number: "538a"
heading: "Forest Service Legacy Road and Trail Remediation Program"
release: "119-102"
url: "https://uscodex.org/usc/16/538a"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter I — Establishment and Administration"
---

# §538a. Forest Service Legacy Road and Trail Remediation Program

- (a) **Establishment—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall establish the Forest Service Legacy Road and Trail Remediation [Program](/usc/16/460ss–6.md?p=1) (referred to in this section as the “[Program](/usc/16/460ss–6.md?p=1)”).
- (b) **Activities—** In carrying out the [Program](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/410r–5.md?p=c-1) shall, taking into account foreseeable changes in weather and hydrology—
  - (1) restore passages for fish and other aquatic species by—
    - (A) improving, repairing, or replacing culverts and other infrastructure; and
    - (B) removing barriers, as the [Secretary](/usc/16/410r–5.md?p=c-1) determines appropriate, from the passages;
  - (2) decommission unauthorized user-created roads and trails that are not a [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) road or a [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) trail, if the applicable [unit](/usc/16/430f–7.md?p=4) of the [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) has published—
    - (A) a Motor Vehicle Use [Map](/usc/16/430f–7.md?p=1) and the road is not identified as a [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) road on that Motor Vehicle Use [Map](/usc/16/430f–7.md?p=1); or
    - (B) a [map](/usc/16/430f–7.md?p=1) depicting the authorized trails in the applicable [unit](/usc/16/430f–7.md?p=4) of the [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) and the trail is not identified as a [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) trail on that [map](/usc/16/430f–7.md?p=1);
  - (3) prepare previously closed [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) roads for long-term storage, in accordance with subsections [(c)(1)](#c-1) and [(d)](#d), in a manner that—
    - (A) prevents motor vehicle use, as appropriate to conform to route designations;
    - (B) prevents the roads from damaging adjacent [resources](/usc/16/410hhh–1.md?p=8), including aquatic and wildlife [resources](/usc/16/410hhh–1.md?p=8);
    - (C) reduces or eliminates the need for road maintenance; and
    - (D) [preserves](/usc/16/410hhh–1.md?p=7) the roads for future use;
  - (4) decommission previously closed [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) roads and trails in accordance with subsections [(c)(1)](#c-1) and [(d)](#d);
  - (5) relocate [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) roads and trails—
    - (A) to increase [resilience](/usc/16/6456.md?p=2) to extreme weather events, flooding, and other natural disasters; and
    - (B) to respond to changing resource conditions and public input;
  - (6) convert [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) roads to [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) trails, while allowing for continued use for motorized and nonmotorized recreation, to the extent the use is compatible with the management status of the road or trail;
  - (7) decommission temporary roads—
    - (A) that were constructed before November 15, 2021—
      - (i) for emergency operations; or
      - (ii) to facilitate a resource extraction [project](/usc/16/410r–5.md?p=c-4);
    - (B) that were designated as a temporary road by the [Secretary](/usc/16/410r–5.md?p=c-1); and
    - (C)
      - (i) in [violation](/usc/16/620e.md?p=11) of [section 1608(b) of this title](/usc/16/1608.md?p=b), on which vegetation cover has not been reestablished; or
      - (ii) that have not been fully decommissioned; and
  - (8) carry out [projects](/usc/16/410r–5.md?p=c-4) on [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) roads, trails, and bridges to improve [resilience](/usc/16/6456.md?p=2) to extreme weather events, flooding, or other natural disasters.
- (c) **Project selection—**
  - (1) **Project eligibility—**
    - (A) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) may only [fund](/usc/16/1421h.md?p=2) under the [Program](/usc/16/460ss–6.md?p=1) a [project](/usc/16/410r–5.md?p=c-4) described in paragraph [(3)](#b-3) or [(4)](#b-4) of subsection (b) if the [Secretary](/usc/16/410r–5.md?p=c-1) previously and separately—
      - (i) solicited public comment for changing the management status of the applicable [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) road or trail—
        - (I) to close the road or trail to access; and
        - (II) to minimize impacts to natural [resources](/usc/16/410hhh–1.md?p=8); and
      - (ii) has closed the road or trail to access as described in [clause (i)(I)](#c-1-A-i-I).
    - (B) **Requirement—** Each [project](/usc/16/410r–5.md?p=c-4) carried out under the [Program](/usc/16/460ss–6.md?p=1) shall be on a [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) road or trail, except with respect to—
      - (i) a [project](/usc/16/410r–5.md?p=c-4) described in [subsection (b)(2)](#b-2); or
      - (ii) a [project](/usc/16/410r–5.md?p=c-4) carried out on a watershed for which the [Secretary](/usc/16/410r–5.md?p=c-1) has entered into a cooperative agreement under [section 1011a of this title](/usc/16/1011a.md).
  - (2) **Annual selection of projects for funding—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall—
    - (A) establish a process for annually selecting [projects](/usc/16/410r–5.md?p=c-4) for funding under the [Program](/usc/16/460ss–6.md?p=1), consistent with the requirements of this section;
    - (B) solicit and consider public input regionally in the ranking of [projects](/usc/16/410r–5.md?p=c-4) for funding under the [Program](/usc/16/460ss–6.md?p=1);
    - (C) give priority for funding under the [Program](/usc/16/460ss–6.md?p=1) to [projects](/usc/16/410r–5.md?p=c-4) that would—
      - (i) protect or improve water quality in public drinking water source [areas](/usc/16/539m–1.md?p=1-A);
      - (ii) restore the habitat of a threatened, endangered, or sensitive fish or wildlife species; or
      - (iii) maintain future access to the adjacent [area](/usc/16/539m–1.md?p=1-A) for the public, contractors, permittees, or firefighters; and
    - (D) publish on the website of the Forest Service—
      - (i) the selection process established under [subparagraph (A)](#c-2-A); and
      - (ii) a list that includes a description and the proposed outcome of each [project](/usc/16/410r–5.md?p=c-4) funded under the [Program](/usc/16/460ss–6.md?p=1) in each fiscal year.
- (d) **Implementation—** In implementing the [Program](/usc/16/460ss–6.md?p=1), the [Secretary](/usc/16/410r–5.md?p=c-1) shall ensure that—
  - (1) the [system](/usc/16/668ee.md?p=14) of roads and trails on the applicable [unit](/usc/16/430f–7.md?p=4) of the [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14)—
    - (A) is adequate to meet any increasing demands for timber, recreation, and other [uses](/usc/16/410hhh–1.md?p=10);
    - (B) provides for intensive use, protection, development, and management of the land under principles of [multiple use](/usc/16/531.md?p=a) and sustained yield of products and services;
    - (C) does not damage, degrade, or impair adjacent [resources](/usc/16/410hhh–1.md?p=8), including aquatic and wildlife [resources](/usc/16/410hhh–1.md?p=8), to the extent practicable;
    - (D) reflects long-term funding expectations; and
    - (E) is adequate for supporting emergency operations, such as evacuation routes during wildfires, floods, and other natural disasters; and
  - (2) all [projects](/usc/16/410r–5.md?p=c-4) funded under the [Program](/usc/16/460ss–6.md?p=1) are consistent with any applicable [forest plan](/usc/16/460bbb–1.md?p=2) or travel [management plan](/usc/16/460mmm–1.md?p=3).
- (e) **Savings clause—** A decision to [fund](/usc/16/1421h.md?p=2) a [project](/usc/16/410r–5.md?p=c-4) under the [Program](/usc/16/460ss–6.md?p=1) shall not affect any determination made previously or to be made in the future by the [Secretary](/usc/16/410r–5.md?p=c-1) with regard to road or trail closures.

## Source credit

(Pub. L. 88–657, § 8, as added Pub. L. 117–58, div. D, title VIII, § 40801(a), Nov. 15, 2021, 135 Stat. 1094.)

## Notes

### Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.