Retyped 2/18/94
SBO:NM:ca                                                 MAR 24 1994

DJ 204-11-0



Ms. Phyllis Cangemi
Executive Director
Whole Access
517 Lincoln Avenue
Redwood City, California 94061

Dear Ms. Cangemi:

     Your letter to Attorney General Reno concerning enforcement
of requirements for parks and trails under section 504 of the
Rehabilitation Act of 1973 was referred to this office for
response.

     Under section 504, all entities receiving federal financial
assistance must design facilities in accordance with the Uniform
Federal Accessibility Standards (UFAS). Parks and trails that
are operated or owned by a State or local government are also
covered by title II of the Americans with Disabilities Act (ADA).
Under title II, public entities can choose to design facilities
either in accordance with the Americans with Disabilities Act
Accessibility Guidelines CADAAG) or in accordance with UFAS.
Finally, parks and trails that are designed, constructed, or
altered by the federal government are covered by the
Architectural Barriers Act, which is implemented by UFAS.
Neither UFAS nor ADAAG, however, contains specific sections on
recreational facilities such as parks and trails.

     The Architectural and Transportation Barriers compliance
Board (Access Board) is currently in the process of developing
guidelines for recreational facilities under the ADA. In
June 1993, the Access Board established a Recreation Access
Advisory committee to provide advice on issues related to making
recreational facilities and outdoor developed areas readily
accessible to and usable by individuals with disabilities. The
Advisory Committee has formed several subcommittees to assist in
its work, including a Subcommittee on Developed Outdoor
Recreation Facilities and Areas. Once the Access Board has
completed developing its recreational guidelines for ADAAG, the
agencies responsible for issuing UFAS intend to amend UFAS to be
consistent with ADAAG. Eventually, then, UFAS will contain


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standards for recreational facilities. However, parks and trails
need not be built in compliance with any specific design
standards until those standards are finalized.

     Nevertheless, State and local recreational facilities are
not exempt from either section 504 or the ADA. Both section 504
and title II of the ADA require that qualified individuals with
disabilities be given an equal opportunity to participate in the
programs of covered entities. Providing an equal opportunity may
entail provision of such things as accessible equipment and an
accessible surface in a public park or trail.

     If you wish to file a complaint against a specific entity
that maintains inaccessible parks or trails, you should send your
complaint to: Ms. Carmen R. Maymi, Director, Office of Equal
Opportunity, Department of the Interior, Room 1324, 18th and C
Streets, N.W., Washington, DC 20240.

     I hope this information has been helpful to you.

                                   Sincerely,




                                 James P. Turner
                         Acting Assistant Attorney General
                               Civil Rights Division

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