112 STAT. 148 PUBLIC LAW 105-178—JUNE 9, 1998 "(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 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); "(E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors; "(F) payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal year to carry out this section; and "(G) operation of educational programs to promote safety and environmental protection as those objectives relate to the use of recreational trails, but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year. "(3) USE OF APPORTIONMENTS.— "(A) IN GENERAL. —Except as provided in subparagraphs (B), (C), and (D), of the apportionments made to a State for a fiscal year to carry out this section— "(i) 40 percent shall be used for recreational trail or related projects that facilitate diverse recreational trail use within a recreational trail corridor, trailside, or trailhead, regardless of whether the project is for diverse motorized use, for diverse nonmotorized use, or to accommodate both motorized and nonmotorized recreational trail use; "(ii) 30 pereent 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 with a total land area of less than 3,500,000 acres shall be exempt from the requirements of clauses (ii) and (iii) of subparagraph (A). "(C) WAIVER AUTHORITY. — 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). "(D) STATE ADMINISTRATIVE COSTS.— State administrative costs eligible for funding under paragraph (2)(F) shall be exempt from the requirements of subparagraph (A). "(4) GRANTS. — "(A) IN GENERAL.— A State may use funds apportioned to the State to carry out this section to make grants to
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