Retyped 2/18/94 SBO:NM:ca DJ 204-11-0

MAR 24 1994

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 cc: Records CRS Chrono MAF Milton.letters.recreatn.can

McDowney 01-02982



-2standards 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 01-02983