36 CFR §64.8
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Those projects which best meet the following criteria will be selected to receive assistance:
- (a)Projects which have cleared abandonment procedures and for which sufficient control and tenure of land can be assured, in order that the project can be accomplished shortly after project approval.
- (b)Projects which are located or originate in Standard Metropolitan Statistical Areas.
- (c)The degree to which the project results in a facility which demonstrates maximum beneficial public use of the property acquired. (For example, the diversity of recreation/conservation opportunities provided.)
- (d)The ease of accessibility to large numbers of potential users.
- (e)The effectiveness of the project in enhancing existing Federal, State, or local recreation/conservation resources. (For example, the ability of the project to tie together existing recreation/conservation resources.)
- (f)Whether use of the right-of-way for recreation/conservation purposes has been identified in existing State, Federal, or local plans.
- (g)The degree to which the project advances new ideas in recreation/conservation use and promotes nonmotorized forms of transportation such as commuting by bicycle.
- (h)The recreation/conservation potential of the environment traversed by the right-of-way.
- (i)The energy conservation potential of using the right-of-way for recreation and/or commuting.
- (j)The urgency of the acquisition as reflected by the plans of the owner of record to sell the property to persons other than the project sponsor.
- (k)The degree to which Federal, State or local land use controls will protect the recreation and conservation values of the right-of-way from encroachment by conflicting uses of surrounding land.
- (l)State and local projects involving the development of abandoned railroad rights-of-way which do not include the acquisition of the rights-of-way will be given lower funding priority than projects involving both acquisition and development.