Accessibility Guidebook for Outdoor Recreation and Trails

Legal Requirements

The Architectural Barriers Act (ABA) became law in 1968. The act http://www.access-board.gov/the-board/laws/architectural-barriers-act-aba mandates that all facilities designed, built, altered, bought, rented, or leased by, for, or on behalf of a Federal agency must be accessible.

In 1973, the Rehabilitation Act became law. Section 504 http://www.dol.gov/oasam/regs/statutes/sec504.htm of the act applies to programs and activities that are conducted by Federal agencies and by entities that receive funding from, or operate under a permit from, Federal agencies. Section 504 requires that these programs and activities provide an equal opportunity for individuals with disabilities to participate in an integrated setting, as independently as possible. The only exception to the requirement is when the program would be fundamentally altered if changes were made solely for the purpose of accessibility. An example of a fundamental alteration to a program would be allowing use of a motor vehicle in an area not designated for motorized-vehicle use.

U.S. Department of Agriculture (USDA) implementation guidance for Section 504 is Title 7 of the Code of Federal Regulations, Part 15 (7 CFR 15) that was finalized in 1994. Subpart 15e http://www.access.gpo.gov/nara/cfr/waisidx_03/7cfr15e _03.html applies to programs conducted by the Forest Service. Subpart 15b http://www.access.gpo.gov/nara/cfr/waisidx_03/7 cfr15b_03.html applies to programs operating with Federal agency funding, under special use permits, or under other agreements with the agency. If a building or structure must be entered for someone to participate in the activity at the site, the building must be accessible.

The Americans with Disabilities Act (ADA) became law in 1990. Except for Title V, Section 508(c), ADA http://www.access-board.gov/the-board/laws/americans-with-disabilities-act-intro doesn't apply to Federal agencies' facilities and programs. Federal agencies were already required to be accessible under ABA and Section 504 of the Rehabilitation Act before ADA became law. ADA applies to State and local government services, to public accommodations such as motels and hotels, and to organizations that are open to the public. Title V, Section 508(c) of ADA applies to Federal wilderness areas. It reaffirms the 1964 Wilderness Act and clarifies that agencies aren't required to change the character of wilderness areas to provide accessibility. Section 508(c) also defines a wheelchair and states that wheelchairs meeting that definition may be used in Federal wilderness areas.