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(P.L. 90-542, as amended)
(16 U.S.C. 1271-1287)
1An Act
To
provide for a National Wild and Scenic Rivers System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, that,
(a) this Act may be cited as the "Wild and Scenic Rivers Act."
Congressional declaration of policy.
(b) It is hereby declared to be the policy of the United States that
certain selected rivers of the Nation which, with their immediate
environments, possess outstandingly remarkable scenic, recreational,
geologic, fish and wildlife, historic, cultural, or other similar values,
shall be preserved in free-flowing condition, and that they and their
immediate environments shall be protected for the benefit and enjoyment of
present and future generations. The Congress declares that the established
national policy of dam and other construction at appropriate sections of
the rivers of the United States needs to be complemented by a policy that
would preserve other selected rivers or sections thereof in their
free-flowing condition to protect the water quality of such rivers and to
fulfill other vital national conservation purposes.
Congressional declaration of purpose.
(c) The purpose of this Act is to implement this policy by instituting a
national wild and scenic rivers system, by designating the initial
components of that system, and by prescribing the methods by which and
standards according to which additional components may be added to the
system from time to time.
Composition of system; requirements for State-administered components.
SECTION 2. (a) The national wild and scenic rivers system shall comprise
rivers (i) that are authorized for inclusion therein by Act of Congress, or
(ii) that are designated as wild, scenic or recreational rivers by or
pursuant to an act of the legislature of the State or States through which
they flow, that are to be permanently administered as wild, scenic or
recreational rivers by an agency or political subdivision of the State or
States concerned, that are found by the Secretary of the Interior, upon
application of the Governor of the State or the Governors of the States
concerned, or a person or persons thereunto duly appointed by him or them,
to meet the criteria established in this Act and such criteria
supplementary thereto as he may prescribe, and that are approved by him for
inclusion in the system, including, upon application of the Governor of the
State concerned, the Allagash Wilderness Waterway, Maine; that segment of
the Wolf River, Wisconsin, which flows through Langlade County; and that
segment of the New River in North Carolina extending from its confluence
with Dog Creek downstream approximately 26.5 miles to the Virginia State
line. Upon receipt of an application under clause (ii) of this subsection,
the Secretary shall notify the Federal Energy Regulatory Commission and
publish such application in the Federal Register. Each river designated
under clause (ii) shall be administered by the State or political
subdivision thereof without expense to the United States other than for
administration and management of federally owned lands. For purposes of the
preceding sentence, amounts made available to any State or political
subdivision under the Land and Water Conservation [Fund] Act of 1965 or any
other provision of law shall not be treated as an expense to the United
States. Nothing in this subsection shall be construed to provide for the
transfer to, or administration by, a State or local authority of any
federally owned lands which are within the boundaries of any river included
within the system under clause (ii).
Classification.
(b) A wild, scenic or recreational river area eligible to be included in
the system is a free-flowing stream and the related adjacent land area that
possesses one or more of the values referred to in Section 1, subsection
(b) of this Act. Every wild, scenic or recreational river in its
free-flowing condition, or upon restoration to this condition, shall be
considered eligible for inclusion in the national wild and scenic rivers
system and, if included, shall be classified, designated, and administered
as one of the following:
(1) Wild river areas -- Those rivers or sections of rivers that are free of
impoundments and generally inaccessible except by trail, with watersheds or
shorelines essentially primitive and waters unpolluted. These represent
vestiges of primitive America.
(2) Scenic river areas -- Those rivers or sections of rivers that are free
of impoundments, with shorelines or watersheds still largely primitive and
shorelines largely undeveloped, but accessible in places by roads.
(3) Recreational river areas -- Those rivers or sections of rivers that are
readily accessible by road or railroad, that may have some development
along their shorelines, and that may have undergone some impoundment or
diversion in the past.
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Congressionally designated components.
SECTION 3. (a) The following rivers and the land
adjacent thereto are hereby designated as components of the national
wild and scenic rivers system:
Click
here to see a list of the Wild & Scenic Rivers Act Rivers |
Additional study
requirements.
(c) The study of any of said rivers shall be pursued in as close
cooperation with appropriate agencies of the affected State and its
political subdivisions as possible, shall be carried on jointly with
such agencies if request for such joint study is made by the State,
and shall include a determination of the degree to which the State or
its political subdivisions might participate in the preservation and
administration of the river should it be proposed for inclusion in
the national wild and scenic rivers system.
Federal agency consideration of wild and scenic values.
(d)(1) In all planning for the use and development of water and
related land resources, consideration shall be given by all Federal
agencies involved to potential national wild, scenic and recreational
river areas, and all river basin and project plan reports submitted
to the Congress shall consider and discuss any such potentials. The
Secretary of the Interior and the Secretary of Agriculture shall make
specific studies and investigations to determine which additional
wild, scenic and recreational river areas within the United States
shall be evaluated in planning reports by all Federal agencies as
potential alternative uses of the water and related land resources
involved.
(2) The Congress finds that the Secretary of the Interior, in
preparing the Nationwide Rivers Inventory as a specific study for
possible additions to the national wild and scenic rivers system,
identified the Upper Klamath River from below the John Boyle Dam to
the Oregon-California State line. The Secretary, acting through the
Bureau of Land Management, is authorized under this subsection to
complete a study of the eligibility and suitability of such segment
for potential addition to the national wild and scenic rivers system.
Such study shall be completed, and a report containing the results of
the study shall be submitted to Congress by April 1, 1990. Nothing in
this paragraph shall affect the authority or responsibilities of any
other Federal agency with respect to activities or action on this
segment and its immediate environment.
Acquisition procedures and limitations.
SECTION 6. (a)(1) The Secretary of the Interior and the Secretary of
Agriculture are each authorized to acquire lands and interests in
land within the authorized boundaries of any component of the
national wild and scenic rivers system designated in section 3 of
this Act, or hereafter designated for inclusion in the system by Act
of Congress, which is administered by him, but he shall not acquire
fee title to an average of more than 100 acres per mile on both sides
of the river. Lands owned by a State may be acquired only by donation
or by exchange in accordance with the subsection (d) of this section.
Lands owned by an Indian tribe or a political subdivision of a State
may not be acquired without the consent of the appropriate governing
body thereof as long as the Indian tribe or political subdivision is
following a plan for management and protection of the lands which the
Secretary finds protects the land and assures its use for purposes
consistent with this Act. Money appropriated for Federal purposes
from the land and water conservation fund shall, without prejudice to
the use of appropriations from other sources, be available to Federal
departments and agencies for the acquisition of property for the
purposes of this Act.
Federal agency consideration of wild and scenic values.
(2) When a tract of land lies partially within and partially outside
the boundaries of a component of the national wild and scenic rivers
system, the appropriate Secretary may, with the consent of the
landowners for the portion outside the boundaries, acquire the entire
tract. The land or interest therein so acquired outside the
boundaries shall not be counted against the average
one-hundred-acre-per-mile fee title limitation of subsection (a)(1).
The lands or interests therein outside such boundaries, shall be
disposed of, consistent with existing authorities of law, by sale,
lease, or exchange.
(b) If 50 per centum or more of the entire acreage outside the
ordinary high water mark on both sides of the river within a
federally administered wild, scenic or recreational river area is
owned in fee title by the United States, by the State or States
within which it lies, or by political subdivisions of those States,
neither Secretary shall acquire fee title to any lands by
condemnation under authority of this Act. Nothing contained in this
section, however, shall preclude the use of condemnation when
necessary to clear title or to acquire scenic easements or such other
easements as are reasonably necessary to give the public access to
the river and to permit its members to traverse the length of the
area or of selected segments thereof.
(c) Neither the Secretary of the Interior nor the Secretary of
Agriculture may acquire lands by condemnation, for the purpose of
including such lands in any national wild, scenic or recreational
river area, if such lands are located within any incorporated city,
village or borough which has in force and applicable to such lands a
duly adopted, valid zoning ordinance that conforms with the purposes
of this Act. In order to carry out the provisions of this subsection
the appropriate Secretary shall issue guidelines, specifying
standards for local zoning ordinances, which are consistent with the
purposes of this Act. The standards specified in such guidelines
shall have the object of (A) prohibiting new commercial or industrial
uses other than commercial or industrial uses which are consistent
with the purposes of this Act, and (B) the protection of the bank
lands by means of acreage, frontage, and setback requirements on
development.
(d) The appropriate Secretary is authorized to accept title to
non-Federal property within the authorized boundaries of any
federally administered component of the national wild and scenic
rivers system designated in section 3 of this Act or hereafter
designated for inclusion in the system by Act of Congress and, in
exchange therefor, convey to the grantor any federally owned property
which is under his jurisdiction within the State in which the
component lies and which he classifies as suitable for exchange or
other disposal. The values of the properties so exchanged either
shall be approximately equal or, if they are not approximately equal,
shall be equalized by the payment of cash to the grantor or to the
Secretary as the circumstances require.
(e) The head of any Federal department or agency having
administrative jurisdiction over any lands or interests in land
within the authorized boundaries of any federally administered
component of the national wild and scenic rivers system designated in
section 3 of this Act or hereafter designated for inclusion in the
system by Act of Congress is authorized to transfer to the
appropriate Secretary jurisdiction over such lands for administration
in accordance with the provisions of this Act. Lands acquired by or
transferred to the Secretary of Agriculture for the purposes of this
Act within or adjacent to a national forest shall upon such
acquisition or transfer become national forest lands.
(f) The appropriate Secretary is authorized to accept donations of
lands and interests in land, funds, and other property for use in
connection with his administration of the national wild and scenic
rivers system.
(g)(1) Any owner or owners (hereinafter in this subsection referred
to as "owner") of improved property on the date of its acquisition,
may retain for themselves and their successors or assigns a right of
use and occupancy of the improved property for noncommercial
residential purposes for a definite term not to exceed twenty-five
years, or in lieu thereof, for a term ending at the death of the
owner, or the death of his spouse, or the death of either or both of
them. The owner shall elect the term to be reserved. The appropriate
Secretary shall pay to the owner the fair market value of the
property on the date of such acquisition less the fair market value
on such a date of the right retained by the owner.
(2) A right of use and occupancy retained pursuant to this subsection
shall be subject to termination whenever the appropriate Secretary is
given reasonable cause to find that such use and occupancy is being
exercised in a manner which conflicts with the purposes of this Act.
In the event of such a finding, the Secretary shall tender to the
holder of that right an amount equal to the fair market value of that
portion of the right which remains unexpired on the date of
termination. Such right of use or occupancy shall terminate by
operation of law upon tender of the fair market price.
(3) The term "improved property", as used in this Act, means a
detached, one-family dwelling (hereinafter referred to as
"dwelling"), the construction of which was begun before January 1,
1967, (except where a different date is specifically provided by law
with respect to any particular river), together with so much of the
land on which the dwelling is situated, the said land being in the
same ownership as the dwelling, as the appropriate Secretary shall
designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use,
together with any structures accessory to the dwelling which are
situated on the land so designated.
Restrictions on hydro and water resource development projects on
designated rivers.
SECTION 7. (a) The Federal Power Commission [FERC] shall not
license the construction of any dam, water conduit, reservoir,
powerhouse, transmission line, or other project works under the
Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et
seq.), on or directly affecting any river which is designated in
section 3 of this Act as a component of the national wild and scenic
rivers system or which is hereafter designated for inclusion in that
system, and no department or agency of the United States shall assist
by loan, grant, license, or otherwise in the construction of any
water resources project that would have a direct and adverse effect
on the values for which such river was established, as determined by
the Secretary charged with its administration. Nothing contained in
the foregoing sentence, however, shall preclude licensing of, or
assistance to, developments below or above a wild, scenic or
recreational river area or on any stream tributary thereto which will
not invade the area or unreasonably diminish the scenic,
recreational, and fish and wildlife values present in the area on the
date of designation of a river as a component of the national wild
and scenic rivers system. No department or agency of the United
States shall recommend authorization of any water resources project
that would have a direct and adverse effect on the values for which
such river was established, as determined by the Secretary charged
with its administration, or request appropriations to begin
construction of any such project, whether heretofore or hereafter
authorized, without advising the Secretary of the Interior or the
Secretary of Agriculture, as the case may be, in writing of its
intention so to do at least sixty days in advance, and without
specifically reporting to the Congress in writing at the time it
makes its recommendation or request in what respect construction of
such project would be in conflict with the purposes of this Act and
would affect the component and the values to be protected by it under
this Act. Any license heretofore or hereafter issued by the Federal
Power Commission [FERC] affecting the New River of North Carolina
shall continue to be effective only for that portion of the river
which is not included in the national wild and scenic rivers system
pursuant to section 2 of this Act and no project or undertaking so
licensed shall be permitted to invade, inundate or otherwise
adversely affect such river segment.
Restrictions on hydro and water resource development projects on
study rivers.
(b)The Federal Power Commission [FERC] shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power
Act, as amended, on or directly affecting any river which is listed
in section 5, subsection (a), of this Act, and no department or
agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project that
would have a direct and adverse effect on the values for which such
river might be designated, as determined by the Secretary responsible
for its study or approval -- (i) during the ten-year period following
enactment of this Act [October 2, 1968] or for a three complete
fiscal year period following any Act of Congress designating any
river for potential addition to the national wild and scenic rivers
system, whichever is later, unless, prior to the expiration of the
relevant period, the Secretary of the Interior and where national
forest lands are involved, the Secretary of Agriculture, on the basis
of study, determine that such river should not be included in the
national wild and scenic rivers system and notify the Committees on
Interior and Insular Affairs of the United States Congress, in
writing, including a copy of the study upon which the determination
was made, at least one hundred and eighty days while Congress is in
session prior to publishing notice to that effect in the Federal
Register: Provided, That if any Act designating any river or rivers
for potential addition to the national wild and scenic rivers system
provides a period for the study or studies which exceeds such three
complete fiscal year period the period provided for in such Act shall
be substituted for the three complete fiscal year period in the
provisions of this clause (i); and (ii) during such interim period
from the date a report is due and the time a report is actually
submitted to the Congress; and (iii) during such additional period
thereafter as, in the case of any river the report for which is
submitted to the President and the Congress for inclusion in the
national wild and scenic rivers system, is necessary for
congressional consideration thereof or, in the case of any river
recommended to the Secretary of the Interior for inclusion in the
national wild and scenic rivers system under section 2(a)(ii) of this
Act, is necessary for the Secretary's consideration thereof, which
additional period, however, shall not exceed three years in the first
case and one year in the second.
Nothing contained in the foregoing sentence, however, shall preclude
licensing of, or assistance to, developments below or above a
potential wild, scenic or recreational river area or on any stream
tributary thereto which will not invade the area or diminish the
scenic, recreational, and fish and wildlife values present in the
potential wild, scenic or recreational river area on the date of
designation of a river for study as provided in section 5 of this
Act. No department or agency of the United States shall, during the
periods hereinbefore specified, recommend authorization of any water
resources project on any such river or request appropriations to
begin construction of any such project, whether heretofore or
hereafter authorized, without advising the Secretary of the Interior
and, where national forest lands are involved, the Secretary of
Agriculture in writing of its intention so to do at least sixty days
in advance of doing so and without specifically reporting to the
Congress in writing at the time it makes its recommendation or
request in what respect construction of such project would be in
conflict with the purposes of this Act and would affect the component
and the values to be protected by it under this Act.
(c) The Federal Power Commission [FERC] and all other Federal
agencies shall, promptly upon enactment of this Act, inform the
Secretary of the Interior and, where national forest lands are
involved, the Secretary of Agriculture, of any proceedings, studies,
or other activities within their jurisdiction which are now in
progress and which affect or may affect any of the rivers specified
in section 5, subsection (a), of this Act. They shall likewise inform
him of any such proceedings, studies, or other activities which are
hereafter commenced or resumed before they are commenced or resumed.
Grants under Land and Water Conservation Fund Act of 1965.
(d) Nothing in this section with respect to the making of a loan or
grant shall apply to grants made under the Land and Water
Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 460l-5 et
seq.).
Limitations to entry on public lands.
(a) Designated rivers.
SECTION 8. (a) All public lands within the authorized
boundaries of any component of the national wild and scenic rivers
system which is designated in section 3 of this Act or which is
hereafter designated for inclusion in that system are hereby
withdrawn from entry, sale, or other disposition under the public
land laws of the United States. This subsection shall not be
construed to limit the authorities granted in section 6(d) or section
14A of this Act.
(b) Study rivers.
(b) All public lands which constitute the bed or bank, or are within
one-quarter mile of the bank, of any river which is listed in section
5, subsection (a), of this Act are hereby withdrawn from entry, sale,
or other disposition under the public land laws of the United States
for the periods specified in section 7, subsection (b), of this Act.
Notwithstanding the foregoing provisions of this subsection or any
other provision of this Act, subject only to valid existing rights,
including valid Native selection rights under the Alaska Native
Claims Settlement Act, all public lands which constitute the bed or
bank, or are within an area extending two miles from the bank of the
river channel on both sides of the river segments referred to in
paragraphs (77) through (88) of section 5(a) are hereby withdrawn
from entry, sale, State selection or other disposition under the
public land laws of the Unites States for the periods specified in
section 7(b) of this Act.
Limitations on mineral entry and development on Public Lands;
designated rivers.
SECTION 9. (a) Nothing in this Act shall affect the
applicability of the United States mining and mineral leasing laws
within components of the national wild and scenic rivers system
except that -- (i) all prospecting, mining operations, and other
activities on mining claims which, in the case of a component of the
system designated in section 3 of this Act, have not heretofore been
perfected or which, in the case of a component hereafter designated
pursuant to this Act or any other Act of Congress, are not perfected
before its inclusion in the system and all mining operations and
other activities under a mineral lease, license, or permit issued or
renewed after inclusion of a component in the system shall be subject
to such regulations as the Secretary of the Interior or, in the case
of national forest lands, the Secretary of Agriculture may prescribe
to effectuate the purposes of this Act; (ii) subject to valid
existing rights, the perfection of, or issuance of a patent to, any
mining claim affecting lands within the system shall confer or convey
a right or title only to the mineral deposits and such rights only to
the use of the surface and the surface resources as are reasonably
required to carrying on prospecting or mining operations and are
consistent with such regulations as may be prescribed by the
Secretary of the Interior, or in the case of national forest lands,
by the Secretary of Agriculture; and (iii) subject to valid existing
rights, the minerals in Federal lands which are part of the system
and constitute the bed or bank or are situated within one-quarter
mile of the bank of any river designated a wild river under this Act
or any subsequent Act are hereby withdrawn from all forms of
appropriation under the mining laws and from operation of the mineral
leasing laws including, in both cases, amendments thereto.
Regulations issued pursuant to paragraphs (i) and (ii) of this
subsection shall, among other things, provide safeguards against
pollution of the river involved and unnecessary impairment of the
scenery within the component in question.
Study rivers.
(b) The minerals in any Federal lands which constitute the bed or
bank or are situated within one-quarter mile of the bank of any river
which is listed in section 5, subsection (a) of this Act are hereby
withdrawn from all forms of appropriation under the mining laws
during the periods specified in section 7, subsection (b) of this
Act. Nothing contained in this subsection shall be construed to
forbid prospecting or the issuance of leases, licenses, and permits
under the mineral leasing laws subject to such conditions as the
Secretary of the Interior and, in the case of national forest lands,
the Secretary of Agriculture find appropriate to safeguard the area
in the event it is subsequently included in the system.
Notwithstanding the foregoing provisions of this subsection or any
other provision of this Act, all public lands which constitute the
bed or bank, or are within an area extending two miles from the bank
of the river channel on both sides of the river segments referred to
in paragraphs (77) through (88) of section 5(a), are hereby
withdrawn, subject to valid existing rights, from all forms of
appropriation under the mining laws and from operation of the mineral
leasing laws including, in both cases, amendments thereto, during the
periods specified in section 7(b) of this Act.
Management direction.
SECTION 10. (a) Each component of the national wild and scenic
rivers system shall be administered in such manner as to protect and
enhance the values which caused it to be included in said system
without, insofar as is consistent therewith, limiting other uses that
do not substantially interfere with public use and enjoyment of these
values. In such administration primary emphasis shall be given to
protecting its aesthetic, scenic, historic, archaeologic, and
scientific features. Management plans for any such component may
establish varying degrees of intensity for its protection and
development, based on the special attributes of the area.
(b) Any portion of a component of the national wild and scenic rivers
system that is within the national wilderness preservation system, as
established by or pursuant to the Act of September 3, 1964 (78 Stat.
890; 16 U.S.C., ch. 23),39 shall be subject to the provisions of both
the Wilderness Act and this Act with respect to preservation of such
river and its immediate environment, and in case of conflict between
the provisions of these Acts the more restrictive provisions shall
apply.
(c) Any component of the national wild and scenic rivers system that
is administered by the Secretary of the Interior through the National
Park Service shall become a part of the national park system, and any
such component that is administered by the Secretary through the Fish
and Wildlife Service shall become a part of the national wildlife
refuge system. The lands involved shall be subject to the provisions
of this Act and the Acts under which the national park system or
national wildlife refuge system, as the case may be, is administered,
and in case of conflict between the provisions of these Acts, the
more restrictive provisions shall apply. The Secretary of the
Interior, in his administration of any component of the national wild
and scenic rivers system, may utilize such general statutory
authorities relating to areas of the national park system and such
general statutory authorities otherwise available to him for
recreation and preservation purposes and for the conservation and
management of natural resources as he deems appropriate to carry out
the purposes of this Act.
(d) The Secretary of Agriculture, in his administration of any
component of the national wild and scenic rivers system area, may
utilize the general statutory authorities relating to the national
forests in such manner as he deems appropriate to carry out the
purposes of this Act.
(e) The Federal agency charged with the administration of any
component of the national wild and scenic rivers system may enter
into written cooperative agreements with the Governor of a State, the
head of any State agency, or the appropriate official of a political
subdivision of a State for State or local governmental participation
in the administration of the component. The States and their
political subdivisions shall be encouraged to cooperate in the
planning and administration of components of the system which include
or adjoin State-or county-owned lands.
Federal assistance to others; cooperation; use of volunteers.
SECTION 11. (a) The Secretary of the Interior shall encourage
and assist the States to consider, in formulating and carrying out
their comprehensive statewide outdoor recreation plans and proposals
for financing assistance for State and local projects submitted
pursuant to the Land and Water Conservation Fund Act of 1965 (78
Stat. 897), needs and opportunities for establishing State and local
wild, scenic and recreational river areas.
(b)(1) The Secretary of the Interior, the Secretary of Agriculture,
or the head of any other Federal agency, shall assist, advise, and
cooperate with States or their political subdivisions, landowners,
private organizations, or individuals to plan, protect, and manage
river resources. Such assistance, advice and cooperation may be
through written agreements or otherwise. This authority applies
within or outside a federally administered area and applies to rivers
which are components of the national wild and scenic rivers system
and to other rivers. Any agreement under this subsection may include
provisions for limited financial or other assistance to encourage
participation in the acquisition, protection, and management of river
resources.
(2) Wherever appropriate in furtherance of this Act, the Secretary of
Agriculture and the Secretary of the Interior are authorized and
encouraged to utilize the following:
(A) For activities on federally owned land, the Volunteers in the
Parks Act of 1969 (16 U.S.C. 18g-j) and the Volunteers in the Forest
Act of 1972 (16 U.S.C. 558a-558d).
(B) For activities on all other lands, section 6 of the Land and
Water Conservation Fund Act of 1965 (relating to the development of
statewide comprehensive outdoor recreation plans).
(3) For purposes of this subsection, the appropriate Secretary or the
head of any Federal agency may utilize and make available Federal
facilities, equipment, tools and technical assistance to volunteers
and volunteer organizations, subject to such limitations and
restrictions as the appropriate Secretary or the head of any Federal
agency deems necessary or desirable.
(4) No permit or other authorization provided for under provision of
any other Federal law shall be conditioned on the existence of any
agreement provided for in this section.
Management policies
SECTION 12. (a) The Secretary of the Interior, the Secretary
of Agriculture, and the head of any other Federal department or
agency having jurisdiction over any lands which include, border upon,
or are adjacent to, any river included within the National Wild and
Scenic Rivers System or under consideration for such inclusion, in
accordance with section 2(a)(ii), 3(a), or 5(a), shall take such
action respecting management policies, regulations, contracts, plans,
affecting such lands, following November 10, 1978, as may be
necessary to protect such rivers in accordance with the purposes of
this Act. Such Secretary or other department or agency head shall,
where appropriate, enter into written cooperative agreements with the
appropriate State or local official for the planning, administration,
and management of Federal lands which are within the boundaries of
any rivers for which approval has been granted under section
2(a)(ii). Particular attention shall be given to scheduled timber
harvesting, road construction, and similar activities which might be
contrary to the purposes of this Act.
(b) Nothing in this section shall be construed to abrogate any
existing rights, privileges, or contracts affecting Federal lands
held by any private party without the consent of said party.
(c) The head of any agency administering a component of the national
wild and scenic rivers system shall cooperate with the Administrator,
Environmental Protection Agency and with the appropriate State water
pollution control agencies for the purpose of eliminating or
diminishing the pollution of waters of the river.
Reservation of State and Federal jurisdiction and responsibilities;
access to and across wild and scenic rivers.
SECTION 13. (a) Nothing in this Act shall affect the
jurisdiction or responsibilities of the States with respect to fish
and wildlife. Hunting and fishing shall be permitted on lands and
waters administered as parts of the system under applicable State and
Federal laws and regulations unless, in the case of hunting, those
lands or waters are within a national park or monument. The
administering Secretary may, however, designate zones where, and
establish periods when, no hunting is permitted for reasons of public
safety, administration, or public use and enjoyment and shall issue
appropriate regulations after consultation with the wildlife agency
of the State or States affected.
(b) The jurisdiction of the States and the United States over waters
of any stream included in the national wild, scenic or recreational
river area shall be determined by established principles of law.
Under the provisions of this Act, any taking by the United States of
a water right which is vested under either State or Federal law at
the time such river is included in the national wild and scenic
rivers system shall entitle the owner thereof to just compensation.
Nothing in this Act shall constitute an express or implied claim or
denial on the part of the Federal Government as to exemption from
State water laws.
(c) Designation of any stream or portion thereof as a national wild,
scenic or recreational river area shall not be construed as a
reservation of the waters of such streams for purposes other than
those specified in this Act, or in quantities greater than necessary
to accomplish these purposes.
(d) The jurisdiction of the States over waters of any stream included
in a national wild, scenic or recreational river area shall be
unaffected by this Act to the extent that such jurisdiction may be
exercised without impairing the purposes of this Act or its
administration.
(e) Nothing contained in this Act shall be construed to alter, amend,
repeal, interpret, modify, or be in conflict with any interstate
compact made by any States which contain any portion of the national
wild and scenic rivers system.
(f) Nothing in this Act shall affect existing rights of any State,
including the right of access, with respect to the beds of navigable
streams, tributaries, or rivers (or segments thereof) located in a
national wild, scenic or recreational river area.
(g) The Secretary of the Interior or the Secretary of Agriculture, as
the case may be, may grant easements and rights-of-way upon, over,
under, across, or through any component of the national wild and
scenic rivers system in accordance with the laws applicable to the
national park system and the national forest system, respectively:
Provided, That any conditions precedent to granting such easements
and rights-of-way shall be related to the policy and purpose of this
Act.
Land donations.
SECTION 14. The claim and allowance of the value of an
easement as a charitable contribution under section 170 of title 26,
United States Code, or as a gift under section 2522 of said title
shall constitute an agreement by the donor on behalf of himself, his
heirs, and assigns that, if the terms of the instrument creating the
easement are violated, the donee or the United States may acquire the
servient estate at its fair market value as of the time the easement
was donated minus the value of the easement claimed and allowed as a
charitable contribution or gift.
Lease of Federal lands.
SECTION 14A. (a) Where appropriate in the discretion of the
Secretary, he may lease federally owned land (or any interest
therein) which is within the boundaries of any component of the
national wild and scenic rivers system and which has been acquired by
the Secretary under this Act. Such lease shall be subject to such
restrictive covenants as may be necessary to carry out the purposes
of this Act.
(b) Any land to be leased by the Secretary under this section shall
be offered first for such lease to the person who owned such land
immediately before its acquisition by the United States.
Exceptions for Alaska.
SECTION 15. Notwithstanding any other provision to the contrary in
sections 3 and 9 of this Act, with respect to components of the
national wild and scenic rivers system in Alaska designated by
paragraphs (38) through (50) of section 3(a) of this Act -- (1) the
boundary of each such river shall include an average of not more than
six hundred and forty acres per mile on both sides of the river. Such
boundary shall not include any lands owned by the State or a
political subdivision of the State nor shall such boundary extend
around any private lands adjoining the river in such manner as to
surround or effectively surround such private lands; and (2) the
withdrawal made by paragraph (iii) of section 9(a) shall apply to the
minerals in Federal lands which constitute the bed or bank or are
situated within one-half mile of the bank of any river designated a
wild river by the Alaska National Interest Lands Conservation Act.
Definitions.
SECTION 16. As used in this Act, the term --
(a) "River" means a flowing body of water or estuary or a section,
portion, or tributary thereof, including rivers, streams, creeks,
runs, kills, rills, and small lakes.
(b) "Free-flowing", as applied to any river or section of a river,
means existing or flowing in natural condition without impoundment,
diversion, straightening, rip-rapping, or other modification of the
waterway. The existence, however, of low dams, diversion works, and
other minor structures at the time any river is proposed for
inclusion in the national wild and scenic rivers system shall not
automatically bar its consideration for such inclusion: Provided,
That this shall not be construed to authorize, intend, or encourage
future construction of such structures within components of the
national wild and scenic rivers system.
(c) "Scenic easement" means the right to control the use of land
(including the air space above such land) within the authorized
boundaries of a component of the wild and scenic rivers system, for
the purpose of protecting the natural qualities of a designated wild,
scenic or recreational river area, but such control shall not affect,
without the owner's consent, any regular use exercised prior to the
acquisition of the easement. For any designated wild and scenic
river, the appropriate Secretary shall treat the acquisition of fee
title with the reservation of regular existing uses to the owner as a
scenic easement for purposes of this Act. Such an acquisition shall
not constitute fee title ownership for purposes of section 6(b).
Authorization of appropriations for land acquisition.
SECTION 17. There are hereby authorized to be appropriated, including
such sums as have heretofore been appropriated, the following amounts
for land acquisition for each of the rivers described in section 3(a)
of this Act:
Clearwater, Middle Fork, Idaho, $2,909,800;
Eleven Point, Missouri, $10,407,000;
Feather, Middle Fork, California, $3,935,700;
Rio Grande, New Mexico, $253,000;
Rogue, Oregon, $15,147,000
St. Croix, Minnesota and Wisconsin, $21,769,000;
Salmon, Middle Fork Idaho, $1,837,000; and
Wolf Wisconsin, $142,150.
FOOTNOTES
1 The Wild and Scenic Rivers Act (16 U.S.C. 1271-1287) as set forth
herein consists of Public Law 90-542 (October 2, 1968) and amendments
thereto.
1a Public Law 102-220 contains additional provisions.
2 Public Law 92-560, which inserted this paragraph, contains
additional provisions.
3 Public Law 94-199 added paragraphs 11 and 12. Public Law 94-199
also contains several related provisions.
4 For additional provisions of law concerning the Missouri River
segment, see Public Law 94-486 (Sec. 202 and Sec. 203).
5 The National Parks and Recreation Act of 1978, Public Law 95-625,
section 704(b)-(j).
6 Section 401(p) of the Act of October 12, 1979 amended section
704(a) of the Act of November 10, 1978 which added this section. That
amendment changed the reference here to "section 704(c)."
7 Section 9(b) of the Central Idaho Wilderness Act of 1980 (PL
96-312) contains the following provision: (b) That segment of the
main Salmon River designated as a component of the Wild and Scenic
Rivers System by this Act, which lies within the River of No Return
Wilderness or the Gospel-Hump Wilderness designated by Public Law
95-237, shall be managed under the provisions of the Wild and Scenic
Rivers Act, as amended, and the regulations promulgated pursuant
thereto, notwithstanding section 10(b) of the Wild and Scenic Rivers
Act or any provisions of the Wilderness Act to the contrary.
8 Public Law 96-487 which designated rivers in Alaska contains many
provisions applying only to rivers in that State.
9 Title I of Public Law 99-590 contains additional provisions
concerning the Cache la Poudre.
10 Designated as paragraph (57) in original law.
11 Designated as paragraph (58) in original law.
12 Section 13 of Public Law 99-663, contains additional provisions
affecting tributaries.
13 Section 3 of Public Law 102-432 which added (62)(B)(i) contains
additional provisions.
14 Title I of Public Law 100-557 which designated rivers (68) through
(107) contains additional provisions.
15 Public Law 100-633, which inserted this paragraph, contains
additional provisions.
16 River #108, Rio Chama, is the last river which has been numbered
in section 3(a). The remaining numbers in this section have been
assigned in chronological order according to designation and probably
will be confirmed by a technical amendment to the Act.
17 Public Law 102-50 which designated this river contains additional
provisions.
18 Public Law 102-249 which designated rivers 119 through 132
contains additional provisions.
19 Public Law 102-271 which designated this river contains additional
provisions.
20 Public Law 102-275 which designated rivers 134 through 141
contains an additional provision regarding a State-administered
component.
21 Public Law 103-162 which designated this river contains additional
provisions.
22 Public Law 103-170 which designated this river contains an
additional provision.
23 Public Law 103-242 which designated this river contains additional
provisions.
24 Public Law 103-313 which designated this river contains additional
provisions.
25 Title II, Section 202 of Public Law 99-590 contains additional
provisions concerning the Farmington River.
26 Public Law 101-357 which authorized this study contains an
additional provision regarding funding.
27 Should be (108). Congress will probably pass a technical amendment
to correct the numbering sequence.
28 From this point on, except for White Clay Creek, the authorizing
legislation did not provide numbers. Numbers 109-135 have been
assigned chronologically to assist the user. Congress probably will
pass a technical amendment providing numbers.
29 Public Law 101-628 which authorized this study contains additional
provisions.
30 Public Law 102-50 which authorized this study contains additional
provisions.
31 Should be 113.
32 Section 5 of Public Law 102-249 which authorized studies 114
through 124 contains special study provisions.
33 Section 7(b) of Public Law 102-301 which authorized studies 127
through 131 contains additional study instructions.
34 Probably should refer to Section 1203.
35 This should be (10). Future technical amendments probably will be
made to establish correct numbering sequence.
36 Should be (12)(A).
37 Should be (13).
38 Should be (14).
39 So in original law. Refers to "the Wilderness Act." |
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