(a) A heritage trail shall:
(1)
(A) Be a trail or route established by historic use and shall be historically significant as a result of that historic use.
(B) A route shall not be required to exist as a discernible trail to qualify as a heritage trail, but its location shall be sufficiently known to permit evaluation of historical interest potential;
(2)
(A) Accurately follow the historic route with some deviations as necessary to avoid difficult routing through subsequent development or to enhance the public's enjoyment of the heritage trail.
(B) Trail segments no longer possible to travel by trail due to subsequent development as motorized transportation routes may be designated and marked as segments that link to the historic trail;
(3) Be of state or national significance to Arkansas or American history, including without limitation trade, commerce, exploration, migration, settlement, or military campaigns;
(4) Have a far-reaching effect on broad patterns of American culture, including trails significant to the history of American Indians; and
(5)
(A) Have significant potential for public recreational use or historical interest based on historical interpretation and appreciation, including roadless segments developed as historic trails and at historic sites associated with the trail.
(B) The presence of recreation potential unrelated to historic appreciation is not sufficient for designation as a heritage trail.
(b)
(1) A heritage trail shall follow as closely as possible and practicable the original trails or routes of travel of state historic significance.
(2) The purpose of a heritage trail is the identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment.
(c) A land-based or water-based component of an historic trail that is on state-owned land and meets the criteria for a heritage trail shall be included as a state-protected component of a heritage trail.
(d) The Department of Parks and Tourism shall:
(1) Administer the provisions of this chapter; and
(2) Establish a uniform marker for the Arkansas heritage trails system.
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