of o~ober 2, 1968, pubhc law 9@542, 82 sat. 906) · 2015-05-21 · october 2, 1968 2428 wild and...

October 2, 1968

2428

WILD AND SCENIC RIVERS ACT

An act to protide for a NationalWild and Scenic RiversSystemand for other purposes. (Actof O~ober 2, 1968, Pubhc Law 9@542, 82 Sat. 906)

[Sec. 1. Short tide]—(a) This Act maybe cited as the “Wild and ScenicRivers Act:’ (82 Stat 906; 16 U.S.C. $1271 note)

@)[Nationd policy.]-It is hereby declared to be the policy of the UnitedStates that certain selected rivers of the Nation which, with their immediateenvironments, possess outstandingly remarkable scenic, recreational, ge~logic, fish and wildlife, historic, cultural, or other similar values, shall bepreserved in free-flowing condition, and that they and their immediateenvironments shall be protected for the benefit and enjoyment of presentand future generations. The Congress declares that the established nationalpolicy of dam and other construction at appropriate sections of the riversof the United States needs to be complemented by a policy that wouldpreserve other selected rivers or sections thereof in their free-flowing con-dition to protect the water quality of such rivers and to fulfill other vitalnational conservation purposes. (82 Stat. 906; 16 U.S.C. $ 1271)

(c) [P~se.]-The purpose of this Act is to implement this policy byinstituting a national wild and scenic rivers system, by designating the initialcomponents of that system, and by prescribing the methods by which andstandards according to which additional components may be added to thesystem from time to time. (82 Stat. 906; 16 U.S.C. $ 1272)

~. 2. (a) [System established-Desi~ation by State tiver~ent—Atilnistration of federdly owned lands.]-The national wild and scenicrivers system shall comprise rivers (i) that are authorized for inclusiontherein by Act of Congress, or (ii) that are designated as wild, scenic orrecreational rivers by or pursuant to an act of the legislature of the Stateor States through which they flow, that are to be permanently administeredas wild, scenic or recreational rivers by an agency or political subdivisionof the State or States concerned that are found by the Secretary of theInterior, upon application of the Governor of the State or the Governorsof the States concerned, or a person or persons thereunto duly appointedby Klm or them, to meet the criteria established in this Act and such criteriasupplementary thereto as he may prescribe, and that are approved by himfor inclusion in the system, including, upon application of the Governor ofthe State concerned, the Allagash Wilderness Waterway, Maine; that seg-ment of the Wolf River, Wisconsin, which flows through Langlade County;and that segment of the New River in North Carolina extending from itsconfluence with Dog Creek downstream approximately 26.5 miles to theVirginia State line. Upon receipt of an application under clause (ii) of thissubsection, the Secretary shall notify the Federal Energy Regulatory Com-mission and publish such application in the Federal Register. Each riverdesignated under clause (ii) shall be administered by the State or political

October 2, 1968

WILD AND SCENIC RIVERS ACT—SEC. 2@) 2429

subdivision thereof without expense to the United States other than foradministration and management of federally owned lands. For purposes ofthe preceding sentence, amounts made available to any State or politicalsubdivision under the Land and Water Conservation Act of 1965 or anyother provision of law shall not be treated as an expense to the UnitedS@tes. Nothing in this subsection shall be construed to provide for thetransfer to, or administration by, a State or local authority of any federallyowned lands which are within the boundaries of any river included withinthe system under clause (ii).

EXPLANATORYNom

1978Amendment.Section761 of theAct herein.of November10, 1978 (PublicLaw95-625, 1976 Amendment Section 1(1) of the Act92 Stat. 3533) amended subsection (a) by of September 11, 1976 (Pubtic Law 94A07,adding languagerequiring notification of the 90 Stit. 1238) amendedsubsection(a)by add-Federal tiergy Regulatory ~mmission and ing language providing for inclusion of thepublication of any application in the FedeA specified segmentof the New River in NorthRegisteu mating the atilnistration of fed- Carotiia. The 1976 Act does not appearerally owned landsan expense of the United herein.State~providing tbt amountsavailableto the Ref~nce ti tie Text The Land andStites under other provisionsof lawfor S~te Water Conservation Act of 1965 [sic], r~designated rivers shall not be treated as an ferred to in subsection (a) of the text, is theexpense of the United States;and providing Land and Water Conwrvation Fund Act ofthat federally owned hnds withinboundaries 1965 (Act of September 3, 1964, Pubtic Lawof Statedesi~ted riversshallnot be deemed 88-578, 78 Stat. 897). The Act appears into be owned or atilnistered by Stateor 1-1 Volume 111at page 1785.authority. The 1978 Act does not appear

@) [Eligibility for inclusion+riteria.]-A wild, scenic or recreationalriver area eligible to be included in the system is a free-flowing stream andthe related adjacent land area that possesses one or more of the valuesreferred to in section 1, subsection (b) of this Act. Every wild, scenic orrecreational river in its free-flowing condition, or upon restoration to thiscondition, shall be considered eligible for inclusion in the national wild andscenic rivers system and, if included, shall be classified, designated, andadministered as one of the following

(1) Wild river areas— Those rivers or sections of rivers that are freeof impoundments and generally inaccessible except by trail, with wa-tersheds 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 freeof impoundments, with shorelines or watersheds still largely primitiveand shorelines largely undeveloped, but accessible in places by roads.

(3) Recreational river areas—Those rivers or sections of rivers thatare readily accessible by road or railroad, that may have some devel-opment along their shorelines, and that may have undergone some im-poundment, or diversion in the past. (82 Stat. 906; $ l(l), Act ofSeptember 11, 1976, 90 Stat. 1238; $761, Act of November 10, 1978,92 Stat. 3533; 16 U.S.C. $ 1273)

2430 WILD AND SCENIC RIVERS ACT—SEC. 3(a)

See. 3. (a) [Components of system.]— The following rivers and the landadjacent thereto are hereby designated as components of the national wildand scenic rivers system:

(1) Clearwater, Middle Fork, Idaho—The Middle Fork from the townof Kooskia upstream to the town of Lowell; the Lochsa River from itsjunction with the Selway at Lowell forming the Middle Fork, upstream tothe Powell Ranger Station; and the Selway River from Lowell upstream toits origin; to be administered by the Secretary of Agriculture.

(2) Eleventh Point, Missouri—The segment of the river extending down-stream from Thomasville to State Highway 142; to be administered by theSecretary of Agriculture.

(3) Feather, California —The entire Middle Fork downstream from theconfluence of its tributary streams one kilometer south of Beckwourth,California; to be administered by the Secretary of Agriculture.

(4) Rio Grande, New Mexico—The segment extending from the Col-orado State line downstream to the State Highway 96 crossing, and thelower four miles of the Red River; to be administered by the Secretary ofthe Interior.

(5) Rogue, Oregon—The segment of the river extending from themouth of the Applegate River downstream to the Lobster Creek Bridge;to be administered by agencies of the Departments of the Interior or Ag-riculture as agreed upon by the Secretaries of said Departments or as di-rected by the President.

(6) Saint Croix, Minnesota and Wisconsin—The segment between thedam near Taylors Falls, Minnesota, and the dam near Gordon, Wisconsin,and its tributary, the Namekago, from Lake Namekago downstream to itsconfluence with the Saint Croix; to be administered by the Secretary of theInterior: Prtided, That except as may be required in connection with items(a) and (b) of this paragraph, no funds available to carry out the provisionsof this Act may be expended for the acquisition or development of landsin connection with, or for administration under this act of, that portion ofthe Saint Croix River between the dam near Taylors Falls, Minnesota, andthe upstream end of Big Island in Wisconsin, until sixty days after the dateon which the Secretary has transmitted to the President of the Senate andSpeaker of the House of Representatives a proposed cooperative agreementbetween the Northern States Power Company and the United States (a)whereby the company agrees to convey to the United States, without charge,appropriate interests in certain of its lands between the dam near TaylorsFalls, Minnesota, and the upstream end of Big Island in Wisconsin, includingthe company’s right, title, and interest to approximately one hundred acresper mile, and @) providing for the use and development of other lands andinterests in land retained by the company between said points adjacent tothe river in a manner which shall complement and not be inconsistent withthe purposes for which the lands and interests in land donated by the com-pany are administered under this Act. Said agreement may also includeprovision for State or local governmental participation as authorized undersubsection (e) of section 10 of this Act. A one-thousand-three-hundred-and-

October 2, 1968

WILD AND SCENIC RIVERS ACT—SEC. 3(a) 2431

eighty-acre portion of the area commonly known as the Velie Estate, locatedadjacent to the Saint Croix River in Douglas County, Wisconsin, as depictedon the map entitled “Boundary Map/Velie Es@te—Saint Croix NationalScenic Riverway”, dated September 1980, and numbered 630-90,001, maybe acquired by the Secretary without regard to any acreage limitation setforth in subsection (b) of this section or subsection (a) or @) of section 6of this Act.

(7) Salmon, Middle Fork, Idaho—From its origin to its confluence withthe main Salmon River; to be administered by the Secrehry of Agriculture.

(8) Wolf, Wisconsin—From the Langlade-Menominee County line down-stream to Keshena Falls; to be administered by the Secretary of the Interior.

(9) Lower Saint Croix, Minnesota and Wisconsin—The segment betweenthe dam near Taylors Falls and its confluence with the Mississippi River:Prmided, (i) That the upper twenty-seven miles of this river segment shallbe administered by the Secretary of the Interioc and (ii) That the lowertwenty-five miles shall be designated by the Secretary upon his approval ofan application for such designation made by the Governors of the State ofMinnesota and Wisconsin.

(10) Chattooga, North Carolina, South Carolina, Georgia—The Seg-ment from 0.8 mile below Cashiers Lake in North Carolim to TugalooReservoir, and the West Fork Chattooga River from itsjunction with Chat-tooga upstream 7.3 miles, as generally depicted on the boundary map en-titled “Proposed Wild and Scenic Chattooga River and CorridorBoundary”, dated August 1973; to be administered by the Secretary ofAgriculture: Pr~tied, That the Secretary of Agriculture shall take suchaction as is provided for under subsection (b) of this section within one yearfrom May 10, 1974: Prwided further, That for the purposes of this river,there are authorized to be appropriated not more than $5,200,000 for theacquisition of lands and interests in lands and not more than $809,000 fordevelopment.

(11) Rapid River, Idaho-The segment from the headwaiters of the mainstem to the national forest boundary and the segment of the West Forkfrom the wilderness boundary downstream to the confluence with the mainstem, as a wild river.

(12) Snake, Idaho and Oregon—The segment from Hells Canyon Damdownstream to Pittsburgh Landing, as a wild river; and the segment fromPittsburgh Landing downstream to an eastward extension of the northboundary of section 1, township 5 north, range 47 east, Willamette merid-ian, as a scenic river.

(13) Flathead, Montana-The North Fork from the Canadian borderdownstream to its confluence with the Middle Fork; the Middle Fork fromits headwaiters to its confluence to the South Fork; and the South Fork fromits origin to the Hungry Horse Reservoir, as generally depicted on the mapentitled “Proposed Flathead Wild and Scenic River Boundary Location”dated February 1976; to be administered by agencies of the Departmentsof the Interior and Agriculture as agreed upon by the Secretaries of suchDepartments or as directed by the President. Action required to be taken

October 2, 1968


under subsection (b) of this section shall be taken within one year fromOctober 12, 1976. For the purposes of this river, there are authorized tobe appropriated not more than $6,719,000 for the acquisition of lands andinterests in hds. No funds authorized to be appropriated pursuant to thisparagraph shall be available prior to October 1, 1977.

(14) Missouri, Montana-The segment from Fort Benton one hundredand forty-nine miles downstream to Robinson Bridge, as generally depictedon the boundary map entitled “Missouri Breaks Freeflowing River Pro-posal”, dated October 1975, to be administered by the Secretary of theInterior. For the purposes of this river, there are authorized to be appro-priated not more than $1,800,000 for the acquisition of lands and interestsin lands. No funds authorized to be appropriated pursuant to this paragraphshall be available prior to October 1, 1977.

(15) Obed, Tennessee —The segment from the western edge of the Ca-toosa Wildlife Management Area to the confluence with the Emory River;Clear Creek from the Mor@n County line to the confluence with the ObedRiver, Daddys Creek from the Morgan County line to the confluence withtie Obed Riveu and the Emory River from the confluence with the ObedRiver to the Nemo bridge as generally depicted and classified on the streamclassification map dated December 1973. The Secretary of the Interior shalltake such action, with the participation of the State of Tennessee as isprovided for under subsection (b) of this section within one year followingOctober 12, 1976. The development plan required by such subsection (b)shall include cooperative agreements between the Smte of Tennessee actingthrough the Wildlife Resources Agency and the Secretary of the Interior.Lands within the Wild and Scenic River boundaries that are currently partof the Catoosa Wildlife Management Area shall continue to be owned andmanaged by the Tennessee Wildlife Resources Agency in such a way as toprotect the wildlife resources and primitive character of the area, and with-out further development or roads, campsites, or associated recreationalfacilities unless deemed necessary by that agency for wildlife managementpractices. The Obed Wild and Scenic River shall be managed by the Sec-retary of the Interior. For the purposes of carrying out the provisions ofthis Act with respect to this river, there are authorized to be appropriatedsuch sums as may be necessary, but not to exceed $2,000,000 for the ac-quisition of bnds or interests in lands and not to exceed $400,000 fordevelopment. No funds authorized to be appropriated pursuant to thisparagraph shall be avaikble prior to October 1, 1977.

(16) Pere Marquette, Michi@n—The segment downstream from thejunction of the Middle and Little South Branches to itsjunction with UnitedStates Highway 31 as generally depicted on the boundary map entitled“Proposed Boundary Location, Pere Marquette Wild and Scenic River:’;to be administered by the Secretary of Agriculture. After consultation withState and local governments and the interested public, the Secretary shalltake such action as is provided for under subsection (b) of this section withrespect to the segment referred to in this paragraph within one year fromNovember 10, 1978. Any development or management plan prepared pur-

October 2, 1968


suant to subsection (b) of this section shall include (a) provisions for thedissemination of information to river users and (b) such regulations relatingto the recreational and other uses of the river as may be necessary in orderto protect the area comprising such river (including lands contiguous oradjacent thereto) from damage or destruction by reason of overuse and toprotect its scenic, historic, esthetic and scientific values. Such regulationsshall further contain procedures and means which shall be utilized in theenforcement of such development and management plan. For the purposesof carrying out the provisions of this Act with respect to the river designatedby this paragraph, there are authorized to be appropriated not more than$8,125,000 for the acquisition of lands or interests in lands and $402,000for development.

(17) Rio Grande, Texas—The segment on the United States side of theriver from river mile 842.3 above Mariscal Canyon downstream to rivermile 651.1 at the Terrell-Val Verde County line; to be administered by theSecremry of the Interior. The Secretary shall, within two years after No-vember 10, 1978, take such action with respect to the segment referred toin this paragraph as is provided for under subsection (b) of this section.The action required by such subsection (b) shall be undertaken by theSecretary, after consultation with the United Stites Commissioner, Inter-national Boundary and Water Commission, United States and Mexico, andappropriate officials of the State of Texas and its political subdivisions. Thedevelopment pllan required by subsection (b) of this section shall be con-strued to be a general management plan only for the United States side ofthe river and such plan shall include, but not be limited to, the establishmentof a detailed boundary which shall include an average of not more than160 acres per mile. Nothing in this Act shall be construed to be in conflictwith—

(A) the commitments or agreements of the United States made byor in pursuance of the treaty between the United States and Mexicoregarding the utilization of the Colorado and Tijuana Rivers and ofthe Rio Grande, signed at Washington, February 1944 (59 Stat. 1219),or

(B) the treaty between the United States and Mexico regarding main-tenance of the Rio Grande and Colorado River as the internationalboundary between the United States and Mexico, signed November 23,1970.

For purposes of carrying out the provisions of this Act with respect to theriver designated by this paragraph, there are authorized to be appropriatedsuch sums as may be necessary, but not more than $1,650,000 for theacquisition of lands and interests in lands and not more than $1,800,000for development.

(18) Skagit, Washington —The segment from the pipeline crossing atSedro-Woolley upstream to and including the mouth of Bacon Creek; theCascade River from its mouth to the junction of its North and South Forks;the South Fork to the boundary of the Glacier Peak Wilderness Area; theSuiattle River from its mouth to the boundary of the Glacier Peak Wil-

October 2, 1968


derness Area at Milk Creek; the Sauk River from its mouth to its junctionwith Elliott Creek; the North Fork of the Sauk River from itsjunction withthe South Fork of the Sauk to the boundary of the Glacier Peak WildernessArea; as generally depicted on the boundary map entitled “Skagit River—River Area Boundary”; all segments to be administered by the Secretaryof Agriculture. Riprapping related to natural channels with natural rockalong the shorelines of the Skagit segment to preserve and protect agri-cultural land shall not be considered inconsistent with the values for whichsuch segment is designated. After consultation with affected Federal agen-cies, State and local government and the interested public, the Secretaryshall take such action as is provided for under subsection (b) of this sectionwith respect to the segments referred to in this paragraph within one yearfrom November 10, 1978; as part of such action, the Secretary of Agri-culture shall investigate that portion of the North Fork of the Cascade Riverfrom its confluence with the South Fork to the boundary of the NorthCascades National Park and if such portion is found to qualify for inclusion,it shall be treated as a component of the Wild and Scenic Rivers Systemdesignated under this section upon publication by the Secretary of notifi-cation to that effect in the Federal Register. For the purposes of carryingout the provisions of this Act with respect to the river designated by thisparagraph there are authorized to be appropriated not more than$11,734,000 for the acquisition of lands or interest in lands and not morethan $332,000 for development.

(19) Upper Delaware River, New York and Pennsylvania—The segmentof the Upper Delaware River from the confluence of the East and Westbranches below Hancock, New York, to the existing railroad bridge im-mediately downstream of Cherry Island in the vicinity of Sparrow Bush,New York, as depicted on the boundary map entitled “The Upper DelawareScenic and Recreational River”, dated April 1978; to be administered bythe Secretary of the Interior. Subsection ~) of this section shall not apply,and the boundaries and classifications of the river shall be as specified onthe map referred to in the preceding sentence, except to the extent thatsuch boundaries or classifications are modified pursuant to section 704(c)of the National Parks and Recreation Act of 1978. Such boundaries andclassifications shall be published in the Federal Register and shall not be-come effective until ninety days after they have been forwarded to theCommittee on Interior and Insular Affairs of the United States House ofRepresentatives and the Committee on Energy and Natural Resources ofthe United States Senate. For purposes of carrying out the provisions ofthis Act with respect to the river designated by this paragraph there areauthorized to be appropriated such sums as may be necessary.

(20) Delaware, New York, Pennsylvania, and New Jersey—The segmentfrom the point where the river crosses the northern boundary of the Del-aware Water Gap National Recreation Area to the point where the rivercrosses the southern boundary of such recreation area; to be administeredby the Secretary of the Interior. For purposes of carrying out this Act withrespect to the river designated by this paragraph, there are authorized to

October 2, 1968


be appropriated such sums as may be necessary. Action required to be takenunder subsection @) of this section with respect to such segment shall betaken within one year from November 10, 1978, except that, with respectto such segment, in lieu of the boundaries provided for in such subsection(b), the boundaries shall be the banks of the river. Any visitors facilitiesestablished for purposes of use and enjoyment of the river under the au-thority of the Act establishing the Delaware Water Gap National RecreationArea shall be compatible with the purposes of this Act and shall be locatedat an appropriate distance from the river.

(21) American, California— The North Fork from a point 0.3 mile aboveHeath Springs downstream to a point approximately 1,000 feet upstreamof the Colfax-Iowa Hill Bridge, including the Gold Run Addhion Area, asgenerally depicted on the map entitled “Proposed Boundary Maps” con-tained in Appendix I of the document dated January 1978 and entitled “AProposal: North Fork American Wild and Scenic River” published by theUnited States Forest Service, Department of Agriculture; to be designatedas a wild river and to be administered by agencies of the Departments ofInterior and Agriculture as agreed upon by the Secretaries of such De-partments or as directed by the President. Action required to be takenunder subsection (b) shall be taken within one year after November 10,1978; in applying such subsection (b) in the case of the Gold Run AdditionArea, the acreage limitation specified therein shall not apply and in applyingsection 6, subsection (g)(3) of this Act, January 1, 1977 shall be substitutedfor January 1, 1967. For purposes of carrying out the provisions of this Actwith respect to the river designated by this paragraph, there are authorizedto be approprbted not more than $850,000 for the acquisition of landsand interests in land and not more than $765,000 for development.

(22) Missouri River, Nebraska, South Dakota—The segment from Gav-ins Point Dam, South Dakota, fifty-nine miles downstream to Ponca StatePark, Nebraska, as generally depicted in the document entitled “ReviewReport for Water Resources Development, South Dakota, Nebraska, NorthDakota, Montana”, prepared by the Division Engineer, Missouri River Di-vision, Corps of Engineers, dated August 1977 (hereinafter in this para-graph referred to as the “August 1977 Report”). Such segment shall beadministered as a recreational river by the Secretary. The Secretary shallenter into a written cooperative agreement with the Secretary of the Army(acting through the Chief of Engineers) for construction and maintenanceof bank stabilization work and appropriate recreational development. Afterpublic notice and consultation with the State and local governments, otherinterested organizations and associations, and the interested public, theSecretary shall take such action as is required pursuant to subsection (b) ofthis section within one year from November 10, 1978. In administeringsuch river, the Secretary shall, to the extent, and in a manner, consistentwith this section—

(A) provide O) for the construction by the United States of such rec-reation river features and streambank stabilization structures as theSecretary of the Army (acting through the Chief of Engineers) deems

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necessary and advisable in connection with the segment designated bythis paragraph, and (ii) for the operation and maintenance of all stream-bank stabilization structures constructed in connection with such seg-ment (including both structures constructed before November 10,1978, and structures constructed after such date, and including bothstructures constructed under the authoritv of this section and structuresconstructed under the authority of any ~ther Act); and

(B) permit access for such pumping and associated pipelines as maybe necessary to assure an adequate supply of water for owners of landadjacent to such segment and for fish, wildlife, and recreational usesoutside tie river corridor established pursuant to this paragraph.

The streambank structures to be constructed and maintained under subparagraph (A) shall include, but not be limited to, structures at such sitesas are spec~led with respect to such segment on pages 62 and 63 of theAugust 1977 Report, except that sites for such structures may be relocatedto the extent deemed necessary by the Secretary of the Army (actingthrough the Chief of Engineers) by reason of physical changes in the riveror river area. The Secretary of the Army (acting through the Chief ofEngineers) shall condition the construction or maintenance of any stream-bank stabilization structure or of any recreational river feature at any siteunder subparagraph (A)fi) upon the availability to the United States of suchland and interests in land in such ownershi~ as he deems necessarv to carrv

1 ,

out such construction or maintenance and to protect and enhance the rive;in accordance with the purposes of this chapter. Administration of the riversegment designated by this paragraph shall be in coordination with, andpursuant to the advice of a Recreational River Advisory Group which shallbe established by the Secretary. Such Group may include in its membership,representatives of the affected States and ~olitical subdivisions thereof, af-fe~ted Federal agencies, and such or~nizeb private groups as the Secre&rydeems desirable. Notwithstanding the authority to the contrary containedin section 6, subsection (a) of this Act, no land or interests in land may beacquired without the consent of the owner: Prmided, That not to exceed5 per centum of the acreage within the designated river boundaries maybe acauired in less than fee title without the consent of the owner. in suchinsta~ce of the Secretary’s determination that activities are occurring, orthreatening to occur thereon which constitute serious damage or threat tothe integrity of the river corridor, in accordance with the values for whichthis river was designated. For purposes of carrying out the provisions ofthis Act with respect to the river designated by this paragraph, there areauthorized to be appropriated not to exceed $21,000,000, for acquisitionof lands and interests in lands and for development.

(23) Saint Joe, Idaho— The segment above the confluence of the NorthFork of the Saint Joe River to Spruce Tree Campground, as a recreationalriver; the segment above Spruce Tree Campground to Saint Joe Lake, asa wild river, as generally depicted on the map entitled “Saint Joe RiverCorridor Map” on file with the Chief of the Forest Service and datedSeptember 197 8; to be administered by the Secretary of Agriculture. Not-

October 2, 1968


withstanding any other provision of law, the chsification of the Saint JoeRiver under this paragraph and the subsequent development plan for theriver prepared by the Secretary of Agriculture shall at no time interferewith or restriet the maintenance, use, or access to existing or future roadswithin the adjacent lands nor interfere with or restrict present use of orfuture construction of bridges across that portion of the SaintJoe designatedas a “recreational river” under this paragraph. Dredge or placer miningshall be prohibited within the banks or beds of the main stem of the SaintJoe and its tributary streams in their entirety above the cofiuence of themain stem with the North Fork of the river. Nothing in this Act shall bedeemed to prohibit the removal of sand and gravel above the high watermark of the Saint Joe River and its tributaries within the river corridor byor under the authority of any public body or its agents for the purposes ofconstruction or maintenance of roads. The Secretiry shall take such actionas is required under subsection @) of this section within one year fromNovember 10, 1978. For the purposes of this river, there are authorizedto be appropriated not more than $1,000,000 for the acquisition of landsor interest in kds.

(24) Salmon, Idaho-(A) The segment of the main riverfrom the mouthof the North Fork of the Salmon River downstream to Long Tom Bar inthe following classes:

(i) the forty-six-mile segment from the mouth of the North Fork ofthe Salmon River to Corn Creek as a recreational river; and

(ii) the seventy-nine-mile segment from Corn Creek to Long TomBar as a wild river; all as generally depicted on a map entitled “SalmonRiver” dated November 1979, which is on file and available for publicinspection in the Office of the Chief, Forest Service, United StatesDepartment of Agriculture.

(B) This segment shall be administered by the Secretary of Agriculture:Prmided, That after consultation with State and local governments and theinterested public, the Secretary shall take such action as is required bysubsection (b) of this section within one year from July 23, 1980.

(C) The use of motorboats (including motorized jetboats) within thissegment of the Salmon River shall be permitted to continue at a level notless than the level of use which occurred during calendar year 1978,

(D) Subject to existing rights of the State of Idaho, including the rightof access, with respect to the beds of navigable streams, tributaries or rivers,dredge and placer mining in any form includlng any use of machinery forthe removal of sand and gravel for mining purposes shall be prohibitedwithin the segment of the Salmon River designated as a component of theWild and Scenic Rivers System by this paragraph, within the fifty-three-mile segment of the Salmon River from Hammer Creek downstream to theconfluence of the Snake River, and within the Middle Fork of the SalmonRiver; and its tributary streams in their entireity: Prmided, That nothingin this paragraph shall be deemed to prohibit the removal of sand and gravel,outside the boundaries of the River of No Return Wilderness or the Gospel-Hump Wilderness, above the high water mark of the Salmon River or the

October 2, 1968


Middle Fork and its tributaries for the purposes of construction or main-tenance of public roads; Prmidedfirther, That this paragraph shall not applyto any written mineral leases approved by the Board of Land Commissionersof the State of Idaho prior to January 1, 1980.

(E) The provisions of section 7(a) of this Act with respect to the licensingof dams, water conduits, reservoirs, powerhouses, transmission lines orother project works, shall apply to the fifty-three-mile segment of theSalmon River from Hammer Creek downstream to the confluence of theSnake River.

(F) For the purposes of the segment of the Salmon River designated asa component of the Wild and Scenic Rivers System by this paragraph, thereis hereby authorized to be appropriated from the Land and Water Con-servation Fund, after October 1, 1980, not more than $6,200,000 for theacquisition of lands and interests in lands.

(25) Alagnak, Alaska— That segment of the main stem and the majortributary to the Alagnak, the Nonvianuk River, within Katmai NationalPreserve; to be administered by the Secretary of the Interior.

(26) Alatna, Alaska— The main stem within the Gates of the Arctic Na-tional Park; to be administered by the Secretary of the Interior.

(27) Aniakchak, Alaska—That portion of the river, including its majortributaries, Hidden Creek, Mystery Creek, Albert Johnson Creek, andNorth Fork Aniakchak River, within the Aniakchak National Monumentand National Preserve; to be administered by the Secretary of the Interior.

(28) Charley, Alaska—The entire river, includlng its major tributaries,Copper Creek, Bonanza Creek, Hosford Creek, Derwent Creek, Flat-Orth-mer Creek, Crescent Creek, and Moraine Creek, within the Yukon-CharleyRivers National Preserve; to be administered by the Secretary of the In-terior.

(29) Chilikadrotna, Alaska—That portion of the river within the LakeClark National Park and Preserve; to be administered by the Secretary ofthe Interior.

(30) John, Alaska—That portion within the Gates of the Arctic NationalPark; to be administered by the Secretary of the Interior,

(31) Kobuk, Alaska—That portion within the Gates of the Arctic Na-tional Park and Preserve; to be administered by the Secretary of the In-terior.

(32) Mulchatna, Alaska—That portion within the Lake Clark NationalPark and Preserve; to be administered by the Secretary of the Interior.

(33) Noatak, Alaska—The river from its source in the Gates of the ArcticNational Park to its confluence with the Kelly River in the Noatak NationalPreserve; to be administered by the Secretary of the Interior.

(34) North Fork of the Koyukuk, Alaska —That portion within the Gatesof the Arctic National Park; to be administered by the Secretary of theInterior.

(35) Salmon, Alaska—That portion within the Kobuk Valley NationalPark; to be administered by the Secretary of the Interior.

October 2, 1968


(36) Tinay~k, Alaska—That portion within the Gates of the ArcticNational Park; to be administered by the Secretary of the Interior.

(37) Tlikakila, Alaska-That portion within the Lake Clark NationalPark; to be administered by the Secretary of the Interior.

(38) Andreafsky, Alaska—That portion from its source, including allheadwaiters, and the East Fork, within the boundary of the Yukon DeltaNational Wildlife Refuge; to be administered by the Secretary of the In-terior.

(39) Ivishak, Alaska-That portion from its source, including all head-waitersand an unnamed tributary from Porcupine Lake within the boundaryof the Arctic National Wildlife Range; to be administered by the Secretaryof the Interior.

(40) Nowitna, Alaska-That portion from the point where the rivercrosses the west limit of township 18 south, range 22 east, Kateel Rivermeridian, to its confluence with the Yukon River within the boundaries ofthe Nowitna National Wildlife Refuge; to be administered by the Secretaryof the Interior.

(41) Selawilc, Alaska-That portion from a fork of the headwaiters intownship 12 north, range 10 east, Kateel River meridian to the confluenceof the Ku~mk River; within the Selawik National Wildlife Refuge to beadministered Oy the Secretary of the Interior.

(42) Sheenjek, Alaska— The segment within the Arctic National WildlifeRefuge; to be administered by the Secretary of the Interior.

(43) Wind, Alaska-That portion from its source, including all head-waiters and one unnamed tributary in township 13 south, within the bound-aries of the Arctic National Wildlife Refuge; to be administered by theSecreury of the Interior.

(44) Alagnak, Alaska-Those segments or portions of the main stem andNonvianuk tributary lying outside and westward of the Katmia [sic] NationalPark/Preserve and running to the west boundary of township 13 south,range 43 west; to be administered by the Secretary of the Interior.

(45) Beaver Creek, Alaska—The segment of the main stem from thevicinity of the confluence of the Bear and Champion Creeks downstreamto its exit from the northeast corner of township 12 north, range 6 east,Fairbanks meridian within the White Mountains National Recreation Area,and the Yukon Flats National Wildlife Refuge, to be administered by theSecretiry of the Interior.

(46) Birch Creek, Alaska-The segment of the main stem from the southside of Steese Highway in township 7 north, range 10 east, Fairbanks me-ridian, downstream to the south side of the Steese Highway in township 10north, range 16 east; to be administered by the Secretary of the Interior.

(47) Delta, ~laska-The segment from and including all of the TangleLakes to a point one-half mile north of Black Rapids; to be administeredby the Secretary of the Interior.

(48) Fortymile, Alaska— The main stem within the State of Abka;O’Brien Creek, South Fork; Napoleon Creek, Franklin Creek, Uhler Creek,Walker Fork downstream from the confluence of Liberty Creek; Wade

October 2, 1968


Creek; Mosquito Fork downstream from the vicinity of Kechumstuk; WestFork Dennison Fork downstream from the confluence of Logging CabinCreek; Dennison Fork downstream from the confluence of West Fork Den-nison Fork: Logging Cabin Creek; North Fork; Hutchison Creek; ChampionCreek; the Middle Fork downstream from the confluence of Joseph Creek;and Joseph Creek; to be administered by the Secretary of the Interior.

(49) Gulkana, Alaska-The main stem from the outlet of Paxon Lakein township 12 north, range 2 west, Copper River meridian to the conflu-ence with Sourdough Creek the south branch of the west fork from theoutlet of an unnamed lake in sections 10 and 15, township 10 north, range7 west, Copper River meridian to the confluence with the west fork; thenorth branch from the outlet of two unnamed bkes, one in sections 24 and25, the second in sections 9 and 10, township 11 north, range 8 west, CopperRiver meridian to the confluence with the west fork; the west fork fromits confluence with the north and south branches downstream to its con-fluence with the main stem; the middle fork from the outlet of Dickey Lakein township 13 north, range 5 west, Copper River meridian to the conflu-ence with the main stem; to be classified as a wild river area and to beadministered by the Secretary of the Interior.

(50) Unalakleet, Alaska— The segment of the main stem from the head-waiters in township 12 south, range 3 west, Kateel River meridian extendingdownstream approximately 65 miles to the western boundary of township18 south, range 8 west; to be administered by the Secretary of the Interior.

EXPUNATORYNOTES

1980 Amendment. The Act of December23, 1980 (Pubhc Law 96-580,94 Stit. 3370)amended subsection(a)(6) by authorizing theacquisitionof part of the VetieEstateacreage.The 1980 Act does not appear herein.

1980 AmendmenL Section 16 of the Act ofSeptember 8, 1980 (Pubtic bw 96-344, 94Stat. 1137) amended subsection (a)(22) bysubstituting in the provision following subparagraph(B) “which shallbe established’ for“which may be estiblishe~’. The 1980 Actdoes not appear herein.

1980 Amendment. Section 9(a) of the Actof July 8, 1980 (Pubhc hW 96-312, 94 Stat.952) amended subsection (a) by adding par-;~e~: (24). The lg80 Act does not appear

1980 Amendment. Sections 601 through603 of the Act of December 3, 1980 (PublicLaw 96-487, 94 Stat. 2412 through 2414)amended subsection(a)by adding paragraphs(25) through (50).

1979 Amendment. The Act of October 12,1979 (Public Law 96-87, 93 Stat. 666)amended subsection (a) by substituting“sec-tion 704(c) of the National Parks and Rec-

reation Act of 1978” for “section 705(c) ofthe Natioml Parks and Recreation Act of1978” in paragraph(19). The 1979 Act doesnot appear herein.

1978 AmendmenL Sections 701 through703, 704(a), and 705 through 708 of the Actof November 10, 1978 (Public Law 95-625,92 Stit. 1321 through 1330) amended subsection(a)by adding paragraphs(16) through(23). The 1978 Act does not appear herein.

1976 Amendments. Section 601 of the Actof October 12, 1976 (Public Law 94-486, 90Stat. 2330) amended subsection (a)(3) by in-sertingthewords’ ‘downstreamfrom thecon-fluence of itstributarystreamsone kilometersouth of Buckworth, California;” followingthe words “entire Middle Fork’. Sections101, 201, and 301 of the Act amended subsection(a)by adding paragraphs(13) through(15). The 1976 Act does not appear herein.

1975 AmendmenL Section 3(a) of the Actof December 31, 1975 (Public Law 94-199,89 Sbt. 1117)amended subsection(a)by add-ing paragraphs(11) and (12). The not appear herein.

1974 Amendment. Section 1(a) of the Act

October 2, 1968


of May 10, 1974, Public Law 93-279, 88 Stat.122, amended subsection (a) by adding par-agraph (10).

1972 AmendmenL Section 2 of the Act ofOctober 25, 1972 (Public Law 92-560, 86Smt. 1174) amended subsection(a) by addingparagraph(9). The 1972 Act does not appearherein.

Wference in tie Tat. The Act estabhsh-ing the Delaware Water Gap National Rec-reation Area, referred to in paragraph (20)of subsection(a) of the text, is the Act of September 1, 1965 (Public Law 89-159, 79 Stat.

612). The Act does not appear herein.Refer~ in tie TexL Section 704(c) of

the National Parks and Recreation Act of1978 (Act of November 10, 1978, Public Law95-625, 92 Stat. 3467, 3524) referred to inpamgraph (19) of subsection (a) of the text,oudines the requirementsfor a managementplan for the Upper DelawareRiver. The Actdoes not appear herein.

Rof~ce in the TexL The February 1944treatybetweenthe United Statesand Mexico,referred to in paragraph(17) of subsection(a)of the text, appearsin Volume II at page 750.

(b) [Establishment of boundaries—Classification-Developmentplans.]-The agency charged with the administration of each componentof the mtional wild and scenic rivers system designated by subsection (a)of this section shall, within one year from October 2, 1968 (except wherea different date is provided in subsection (a) of this section), establish de-tailed boundaries therefor (which boundaries shall include an average ofnot more than three hundred and twenty acres per mile on both sides ofthe river); determine which of the classes outlined in section 2, subsection(b) of this Act best fit the river or its various segments; and prepare a planfor necessary developments in connection with its administration in ac-cordance with such chssification. Said boundaries, classification, and de-velopment plans shall be published in the Federal Register and shall notbecome effective until ninety days after they have been forwarded to thePresident of the Senate and the Speder of the House of Representatives.(82 Stat. 907; $2, Act of October 25, 1972,86 Stat. 1174; ~ l(a), Act ofMay 10, 1974, 88 Stat. 122; $ 3(a), Act of December 31, 1975, 89 Stat.1117; # 101, $201, ~ 301, ~ 601, Act of October 12, 1976, 90 Stat. 2327,2329, 2330; $$ 701-704(a), 705-708, 755, 763(a), Act of November 10,1978, 92 Stat. 3521-3523, 3527-3529, 3533; ~ 401(p)(l), Act of October12, 1979, 93 Stat. 666; ~ 9(a), Act of July 23, 1980, 94 Stat. 952; $16,Act of September 8, 1980, 94 Stat. 1137; $$601-603, Act of December 2,1980, 94 Stat. 2412-2414; Act of December 23, 1980, 94 Stat. 3370; 16U.S.C. $ 1274)

EXPLANATORYNOTE

1978 Amendmmt. Section 763(a) of the where a different date is provided in subsec-Act of November 10, 1978 (Public Law 95- tion (a) of this section)” following “one year625, 92 Smt. 3533) amended subsection @) from October 2, 1968”. The 1978 Act doesby insertingtheparentheticalphrase“(except not ap~ar herein.

See. 4.(a) [Proposrds for additions to system—Report r~tirA]-TheSecretary of the Interior or, where national forest lands are involved, theSecretary of Agriculture or, in appropriate cases, the two Secretaries jointlyshall study and submit to the President reports on the suitability or non-suitability for addition to the national wild and scenic rivers system of riverswhich are designated herein or hereafter by the Congress as potential ad-ditions to such system. The President shall report to the Congress his rec-

October 2, 1968

2442 WILD AND SCENIC RIVERS ACT—SEC. 4(b)

ommendations and proposals with respect to the designation of each suchriver or section thereof under this Act. Such studies shall be completed andsuch reports shall be made to the Congress with respect to all rivers namedin section 5, subsection (a)(l)-(27) of this Act no later than October 2, 1978.ln conducting these studies the Secretary of the Interior and the Secretaryof Agriculture shall give priority to those rivers (i) with respect to whichthere is the greatest likelihood of developments which, if undertaken, wouldrender the rivers unsuitable for inclusion in the national wild and scenicrivers system, and (ii) which possess the greatest proportion of private landswithin their areas. Every such study and plan shall be coordinated with anywater resources planning involving the same river which is being conductedpursuant to the Water Resources Planning Act (79 Stat. 244; 42 U.S.C.1962 et seq.)

Each report, including maps and illustrations, shall show among otherthings the area included within the report; the characteristics which do ordo not make the area a worthy addition to the system; the current statusof land ownership and use in the area; the reasonably foreseeable potentialuses of the land and water which would be enhanced, foreclosed, or cur-tailed if the area were included in the national wild and scenic rivers system;the Federal agency (which in the case of a river which is wholly or sub-stantially whhin a national forest, shall be the Department of Agriculture)by which it is proposed the area, should it be added to the system, beadministered; the extent to which it is proposed that such administration,including the costs thereof, be shared by State and local agencies; and theestimated cost to the United States of acquiring necessary lands and interestsin land and of administering the area, should it be added to the system.Each such report shall be printed as a Senate or House document.

EXPLANATORYNOTm

1975 Amendment. Section l(d) of the Actof January 3, 1975 (Public Law 93-621, 88Stat. 2096) amended subsection (a) by desig-nating the provision relating to the developments, which, if undermken, would renderthe rivers unsuitable for inclusion in the sys-tem as clause (i) and by adding clause fii). The1975 Act does not appear herein.

1974 Amadmenti Section 1(b) (1) of theAct of May 10, 1974 (Pubhc hw 93-279, 88Stat.122)amended subsection(a)by: deletingprovisionsfor submissionof proposals to thePresident and Congress and substituting inlieu thereof provisions requiring submissionof reports to the President on the suitability

for additionto the systemof riversdesignatedby Congressaspotentialadditionsto suchsy~ternand submissionby the Presidentof rec-ommendations and propomls to Congreswdeleting the reference to section 2(b) of thisACC adding the provisions tht studies of riv-ers named in section 5(a) of this Act be com-pleted by October 2, 1978, and that prioritybe given to rivers that would be unsuitablefor the system if development were under-taken; and substantially incorporating the ex-isting protilons in the second paragraph withminor changes. The 1974 Act does not appearherein.

m) [Submission of report to other agencies.]-Before submitting anysuch report to the President and the Congress, copies of the proposed reportshall, unless it was prepared jointly by the Secretary of the Interior and theSecretary of Agriculture, be submitted by the Secretiry of the Interior to

October 2, 1968


the Secretary of Agriculture or by the Secretary of Agriculture to theSecretary of the Interior, as the case may be, and to the Secretary of theArmy, the Secretary of Energy, the head of any other affected Federaldepartment or agency and, unless the lands proposed to be included in thearea are already owned by the United States or have already been author-ized for acquisition by Act of Congress, the Governor of the State or Statesin which they are located or an oficer designated by the Governor to receivethe same. Any recommendations or comments on the proposal which thesaid officials furnish the Seeremry or Secretaries who prepared the reportwithin ninety days of the date on which the report is submitted to them,together with the Secretiry’s or Secretaries’ comments thereon, shall beincluded with the transmittal to the President and the Congress.

EXPLANATORYNOTE

1976 Amendment. Section 501 of the Act ment of this Act until the close of the nextof October 12, 1976 (Public Law 94-486, 90 full session of the State legislature, or legis-Stat. 2330) amended subsection (b) by delet- latures in case more than one Shte is in-ing the last sentence thereof. The sentence volved, which begins following the submissiondeleted read as follows: “No river or portion of any recommendation to the President withof any river shall be added to the national wild respect to such addition as herein provided;’and scenic rivers system subsequent to enact- The 1976 Act does not appear herein.

(c) [Seeretary of Interior to consult with other agencies prior to decision.]—Before approving or disapproving for inclusion in the nationalwild and scenic rivers system any river designated as a wild, scenic or rec-reational river by or pursuant to an act of a State legislature, the Secre~ryof the Interior shall submit the proposal to the Secretary of Agriculture,the Secretary of the Army, the Secretary of Energy, and the head of anyother affected Federal department or agency and shall evaluate and givedue weight to any recommendations or comments which the said officialsfurnish him within ninety days of the date on which it is submitted to them.If he approves the proposed inclusion, he shall publish notice thereof inthe Federal Register. (82 Stat. 909; $ 1(b)(l), Act of May 10, 1974, 88 Stat.122; $ l(d), Act of January 3, 1975, 88 Stat 2096; $501, Act of October12, 1976, 90 Stat. 2330; $ 301(b), Act of August 4, 1977,91 Stat. 577, 16U.S.C. $ 1275)

EXPLANATORYNOTE

Transfa of Fwdon. “Secretary of En- Act of August 4, 1977 (Public Law 95-91, 91er~” was substituted for “Chairman of the S@t. 577). Extmcts from the 1977 Act appearFederal Power Commission” in subsections in Volume IV in chronologi~l order.@) and (c) pursuant to section 301@) of the

S=. 5. (a) [Potenti~ addtions to system.]—The following rivers arehereby designated for potential addition to the national wild and scenicrivers system:

(1) Allegheny, Pennsylvania: The segment from its mouth to the townof East Brady, Pennsylvania.

October 2, 1968


(2) Bruneau, Idaho: The entire main stem.(3) Buffalo, Tennessee: The entire river.(4) Chattooga, North Carolina, South Carolina, and Georgia: The entire

river.(5) Clarion, Pennsylvania: The segment between Ridgway and its con-

fluence with the Allegheny River.(6) Delaware, Pennsylvania and New York: The segment from Hancock,

New York, to Matamoras, Pennsylvania.(7) Flathead, Montana: The North Fork from the Canadian border

downstream to its confluence with the Middle Fork; the Middle Fork fromits headwaiters to its confluence with the South Fork; and the South Forkfrom its origin to Hungry Horse Reservoir.

(8) Gasconade, Missouri. The entire river.(9) Illinois, Oregon: The entire river.(10) Little Beaver, Ohio: The segment of the North and Middle Forks

of the Little Beaver River in Columblana County from a point in the vicinityof Negly and Elkton, Ohio, downstream to a point in the vicinity of EastLiverpool, Ohio.

(11) Little Miami, Ohio: That segment of the min stem of the river,exclusive of its tributaries, from a point at the Warren-Clermont Countyline at Loveland, Ohio, upstream to the sources of Little Miami includingNorth Fork.

(12) Maumee, Ohio and Indiana: The main stem from Perrysburg, Ohio,to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and inclusiveof its tributaries in Indiana.

(13) Missouri, Montina: The segment between Fort Benton and RyanIsland.

(14) Moyie, Idaho: The segment from the Canadian border to its con-fluence with the Kootenai River.

(15) Obed, Tennessee: The entire river and its tributaries, Clear Creekand Daddys Creek.

(16) Penobscot, Maine: Its east and west branches.(17) Pere Marquette, Michi@n: The entire river.(18) Pine Creek, Pennsylvania: The segment from Ansonia to Waterville.(19) Priest, Idaho: The entire main stem.(20) Rio Grande, Texas: The portion of the river between the west

boundary of Hudspeth County and the east boundary of Terrell Countyon the United States side of the river: Prmided, That before undertakingany study of this potential scenic river, the Secretary of the Interior shalldetermine, through the channels of appropriate executive agencies, thatMexico has no objection to its being included among the studies authorizedby this Act.

(21) Saint Croix, Minnesota and Wisconsin: The segment between thedam near Taylors Falls and its confluence with the Mississippi River.

(22) Saint Joe, Idaho: The entire main stem.(23) Salmon, Idaho: The segment from the town of North Fork to its

confluence with the Snake River.

October 2, 1968


(24) Skagit, Washington: The segment from the town of Mount Vernonto and including the mouth of Bacon Creek, the Cascade River betweenits mouth and the junction of its North and South Forks; the South Forkto the boundary of the Glacier Peak Wilderness Area; the Suiattle Riverfrom its mouth to the Glacier Peak Wilderness Area boundary at MilkCreek; the Sauk River from its mouth to its junction with Elliott Creek;the North Fork of the Sauk River from its junction with the South Forkof the Sauk to tie Glacier Peak Wilderness Area boundary.

(25) Suwannee, Georgia and Florida: The entire river from its source inthe Okefenokee Swamp in Georgia to the gulf and the outlying lchetuckneeSprings, Florida.

(26) Upper Iowa, Iowa: The entire river.(27) Youghiogheny, Maryland and Pennsylvania: The segment from Oak-

land, Maryland, to the Youghiogheny Reservoir, and from the Youghiogh-eny Dam downstream to the town of Connellsville, Pennsylvania.

(28) American, California: The North Fork from the Cedars to the Au-burn Reservoir.

(29) Au Sable, Michigan: The segment downstream from Foot Dam toOscoda, and upstream from Loud Reservoir to its source, including itsprincipal tributaries and excluding Mio and Bamfield Reservoirs.

(30) Big Thompson, Colorado: The segment from iw source to theboundary of Rocky Mountain National Park.

(31) Cache la Poudre, Colorado: Both forks from their sources to theirconfluence, thence the Cache la Poudre to the eastern boundary of Roo-sevelt National Forest.

(32) Cahaba, Alabama: The segment from itsjunction with United StatesHighway 31 south of Birmingham downstream to its junction with UnitedStates Highway 80 west of Selma.

(33) Clark’s Fork, Wyoming: The segment from the Clark’s Fork Canyonto the Crandall Creek Bridge.

(34) Colorado, Colorado and Utah: The segment from its confluencewith the Dolores River, Utah, upstream to a point 19.5 miles from theUtah-Colorado border in Colorado.

(35) Conejos, Colorado: The three forks from their sources to their con-fluence, thence the Conejos to its first junction with State Highway 17,excluding Platoro Reservoir.

(36) Elk, Colorado: The segment from its source to Clark.(37) Encampment, Colorado: The Main Fork and West Fork to their

confluence, thence the Encampment to the Colorado-Wyoming border, in-cluding the tributaries and headwaiters.

(38) Green, Colorado: The entire segment within the State of Colorado.(39) Gunniso~l, Colorado: The segment from the upstream (southern)

boundary of the Black Canyon of the Gunnison National Monument to itsconfluence with the North Fork.

(40) Illinois, Oklahoma: The segment from Tenkiller Ferry Reservoirupstream to the Arkansas-Oklahoma border, including the Flint and BarrenFork Creeks.

October 2, 1968


(41) John Day, Oregon: The main stem from Service Creek Bridge (atriver mile 157) downstream to Tumwater Falls (at river mile 10).

(42) Kettle, Minnesota: The entire segment within the State of Minnesota.(43) Los Pines, Colorado: The segment from its source, including the

tributaries and headwaiters within the SanJuan Primitive Area, to the north-ern boundary of the Granite Peak Ranch.

(44) Manistee, Michigan: The entire river from its source to ManisteeLake, including its principal tributaries and excluding Tippy and HodenpylReservoirs.

(45) Nolichuckey, Tennessee and North Carolina: The entire main stem.(46) Owyhee, South Fork, Oregon: The main stem from the Oregon-

Idaho border downstream to the Owyhee Reservoir.(47) Piedra, Colorado: The Middle Fork and East Fork from their

sources to their confluence, thence the Piedra to its junction with ColoradoHighway 160.

(48) Shepaug, Connecticut: The entire river.(49) Sipsey Fork, West Fork, Alabama: The segment, including its tri-

butaries, from the impoundment formed by the Lewis M. Smith Dam up-stream to its source in the William B. Bankhead National Forest.

(50) Snake, Wyoming: The segment from the southern boundaries ofTeton National park to the entrance to Palisades Reservoir.

(51) Sweetwater, Wyoming: The segment from Wilson Bar downstreamto Spring Creek.

(52) Tuohrmne, California: The main river from its source on MountDana and Mount Lyell in Yosemite National Park to Don Pedro Reservoir.

(53) Upper Mississippi, Minnesota: The segment from its source at theoutlet of Itasca Lake to its junction with the northwestern boundary of thecity of Anoka.

(54) Wisconsin, Wisconsin: The segment from Prairie du Sac to its con-fluence with the Mississippi River at Prairie du Chien.

(55) Yampa, Colorado: The segment within the boundaries of the Di-nosaur National Monument.

(56) Dolores, Colorado: The segment of the main stem from Rico up-stream to its source, including its headwaiters; the West Dolores from itssource, including its headwaiters, downstream to its confluence with themain stem; and the segment from the west boundary, section 2, township38 north, range 16 west, NMPM, below the proposed McPhee Dam, down-stream to the Colorado-Utah border, excluding the segment from one mileabove Highway 90 to the confluence of the San Miguel River.

(57) Snake, Washington, Oregon, and Idaho: The segment from an east-ward extension of the north boundary of section 1, township 5 north, range47 east, Willamette meridian, downstream to the town of Asotin, Wash-ington.

(58) Housatonic, Connecticut: The segment from the Massachusetts-Connecticut boundary downstream to its confluence with the ShepaugRiver.

October 2, 1968


(59) Kern, California: The main stem of the North Fork from its sourceto Isabella Reservoir excluding its tributaries.

(60) Loxahatchee, Florida: The entire river including its tributary, NorthFork.

(61) Ogeechee, Georgia: The entire river.(62) Salt, Arizona: The main stem from a point on the north side of the

river intersected by the Fort Apache Indian Reservation boundary (northof Buck Mountain) downstream to Arizona State Highway 288.

(63) Verde, Arizona: The main stem from the Prescott National Forestboundary near Paulden to the vicinity of Table Mountain, approximately14 miles above Horseshoe Reservoir, except for the segment not includedin the national forest between Clarkdale and Camp Verde, North segment.

(64) San Francisco, Arizona: The main stem from confluence with theGlla upstream to the Arizona-New Mexico border, except for the segmentbetween Clifton and the Apache National Forest.

(65) Fish Creek, New York: The entire East Branch.(66) Black Creek, Mississippi: The segment from Big Creek Landing in

Forrest County downstream to Old Alexander Bridge Landing in StoneCounty.

(67) Allegheny, Pennsylvania: The main stem from Kinzua Dam down-stream to East Brady.

(68) Cacapon, West Virginia: The entire river.(69) Escatawpa, Alabama and Mississippi: The segment upstream from

a point approximately one mile downstream from the confluence of theEscatawpa River and Jackson Creek to a point where the Escatawpa Riveris joined by the Yellowhouse Branch in Washington County, Alabama, nearthe town of Deer Park, Alabama; and the segment of Brushy Greek up-stream from its confluence with the Escatawpa to its confluence with Scarb-orough Creek.

(70) Myakka, Florida: The segment south of the southern boundary ofthe Myakka River State Park.

(71) Soldier creek, Alabama: The segment beginning at the point whereSoldier Creek intersects the south line of section 31, township 7 south,range 6 east, downstream to a point on the south line of section 6, township8 south, range 6 east, which point is 1,322 feet west of the south line ofsection 5, township 8 south, range 6 east in the county of Baldwin, Stateof Alabama.

(72) Red, Kentucky: The segment from Highway numbered 746 (alsoknown as Spradlin Bridge) in Wolf County, Kentucky, downstream to thepoint where the river descends below seven hundred feet above sea level(in its normal flow) which point is at the Menifee and Powell County linejust downstream of the iron bridge where Kentucky Highway numbered77 passes over the river.

(73) Bluestone, West Virginia: From its headwaiters to its confluence withthe New.

(74) Gauley, West Virginia: Including the tributaries of the Meadow andthe Cranberry, from the headwaiters to its confluence with the New.

October 2, 1968

2448 WILD AND SCENIC RIVERS ACT—SEC. 5(b)

(75) Greenbrier, West Virginia: From its headwaiters to its confluencewith the New.

(76) Birch, West Virginia: The main stem from the Cora Brown Bridgein Nicholas County to the confluence of the river with the Elk River inBraxton County.

(77) Colville, Alaska.(78) Etivluk-Nigu, Alaska.(79) Utukok, Alaska.(80) Kanektok, Alaska.(81) Kisaralik, Alaska.(82) Melozitna, Alaska.(83) Sheenjek (lower segment), Alaska.(84) Situk, Alaska.(85) Porcupine, Alaska.(86) Yukon (Ramparts section), Alaska.(87) Squirrel, Alaska.(88) Koyuk, Alaska.

EXPLANATORYNOTES

1980 Amendments. Section 102 (a) of theAct of March 5, 1980 (Public Law 96-199,94Stat. 68) amended subsection (a) by addingparagraph (76). The 1980 Act does not appear herein.

1980 Amadment. Section 604(a) of theAct of December 2, 1980 (Pubhc hw 96-487,94 Stat. 2415) amended subsection (a) by add-ing paragraphs (77) through (88). The 1980Act does not appear herein.

1978 Amendments. Sections 721 through734 of the Act of November 10, 1978 (PublicLaw 95-625, 92 Stat. 3530 through 3532)amended subsection (a) by adding paragraphs(59) through (72) and section 1108 of that Actamended subsection (a) by adding paragraphs(73) through (75). The 1978 Act does not appear herein.

1976 Amendments. Section 701 of the Act

of October 12, 1976 (Public Law 94486, 90Sat. 2330) amended subsection (a) by delet-ing the words “includlng the tribuuries andheadwaiters on national forest binds” whichhad followed “Colorado Highway 160” andsection 401 of that Act amended subsection(a) by adding paragraph (58). The 1976 Actdoes not appear herein.

1975 AmmsdmenL Section l(a) of the Actof January 3, 1975 (Pubhc Law 93-621, 88S@t. 2094) amended subsection (a) by addingparagraphs (29) through (56). The 1975 Actdoes not appear herein.

1975 AmendmenL Section 5(a) of the Actof December 31, 1975 (Public Law 94-199,89 Stat. 1118) amended subsection (a) by add-~g pm~aph (57). The 1975 Act does notappear herein.

m) [Sfidy of potential additions—Time limits—Report to tie Presi-dent and Congress.]-(1) The studies of rivers named in subparagraphs(28) through (55) of subsection (a) of this section shall be completed andreports thereon submitted by not later than October 2, 1979: Prwtied,That with respect to the rivers named in subparagraphs (33), (50), and (51),the Secretaries shall not commence any studies until (i) the State legislaturehas acted with respect to such rivers or (ii) one year from January 3, 1975,whichever is earlier.

(2) The study of the river named in subparagraph (56) of subsection (a)of this section shall be completed and the report thereon submitted by notlater than January 3, 1976.

October 2, 1968

WILD AND SCENIC RIVERS ACT—SEC. 5(c) 2449

(3) The studies of the rivers named in paragraphs (59) through (76) ofsubsection (a) of this section shall be completed and reports submittedthereon not later than five full fiscal years after November 10, 1978. Thestudy of rivers named in paragraphs (62) through (64) of subsection (a) ofthis section shall be completed and the report thereon submitted by notlater than April 1981.

(4) There are authorized to be appropriated for the purpose of con-ducting the studies of the rivers named in subparagraphs (28) through (56)such sums as may be necessary, but not more than $4,060,000. There areauthorized to be appropriated for the purpose of conducting the studiesof the rivers named in subparagraphs (59) through (76) such sums as maybe necessary.

(5) The studies of the rivers in paragraphs (77) through (88) shall becompleted and reports transmitted thereon not later than three full fiscalyears from December 2, 1980. For the rivers listed in paragraphs (77), (78),and (79) the studies prepared and transmitted to the Congress pursuant tosection 105 (c) of the Naval Petroleum Reserves Production Act of 1976(Public hw 94-258) shall satisfy the requirements of this section.

(6) Studies of rivers listed in paragraphs (80) and (81) shall be completed,and reports submitted within and not later than the time when the BristolBay Cooperative Region Plan is submitted to Congress in accordance withsection 1204 of the Alasb National Interest Lands Conservation Act.

EXPMNATORY NOTm

1980 Amendments. Section 102(b) of theAct of March 5, 1980 (Public Law 96-199,94Stat. 68) amended subsection ~) by substi-tuting “(76)” for “(75)” in paragraphs (3) and(4). Section 604@) of the Act of December 2,1980 (Public Law 96-487, 94 Stat. 2415)amended subsection @) by adding p-graphs(5) and (6). Neither 1980 Act appears herein.

1979 AmendmmL Section 404(a) of theAct of October 12, 1979, Public Law 96-87,93 Stat. 667, amended subsection @) by suhstituting “paragraphs (59) through (75)” for“paragraphs (59) through (72~’ in paragraph(3) and section 404(b) of the 1979 Actamended section 5(b) by substituting “subpamgraphs (59) through (75)” for “subpar-agraphs (59) through (74)” in para~ph (4).The 1979 Act does not appear herein.

1978 Amendments. Section 736 of the Actof November 10, 1978 (Pubtic Law 95-625,92 Stit. 3532) amended subsection@) by add-ing paragraph (3) as it appears above. Section735 of that Act amended Subsection @) byredesignating former paragraph (3) as para-

graph (4) and by increasing the appropria-tions authorization from $2,175,000 to$4,060,000. The 1978 Act does not appearherein.

Reference in tie Text. Section 105(c) ofthe Naval Petroleum Reserves Production Actof 1976 (Act of April 5, 1976, 90 Stat. 305)referred to in subsection (b)(5) of the text,directs the President to determine the bestprocedures for developing, producing, andtransporting oil from reserves in Alash. The1976 Act does not appear herein.

Refermee in tie Text. Reference is madein section 5(b)(6) of the text to section 1204of the Alash National Interest Lands Act(Act of December 2, 1980, Pubfic Law 96-487, 94 Smt. 2470). However, that Act wasenacted without a section 1204. It is probablethat Congress intended to refer to section1203 of the Act, which specifically relates tothe Bristol My Cooperative Region Plan re-ferred to in the text. The 1980 Act does notappear herein.

(c) [Cooperation with state agencies.]—The study of any of said riversshall be pursued in as close cooperation with appropriate agencies of theaffected State and its political subdivisions as possible, shall be carried on

October 2, 1968

2450 WILD AND SCENIC RIVERS ACT—SEC. 5(d)

jointly with such agencies if request for such joint study is made by theState and shall include a determination of the degree to which the Stateor its political subdivisions might participate in the preservation and admin-istration of the river should it be proposed for inclusion in the nationalwild and scenic rivers system.

(d) [Additional criteria for water and land resources planning.]—Inall planning for the use and development of water and related land re-sources, consideration shall be given by all Federal agencies involved topotential national wild, scenic and recreational river areas, and all riverbasin and project plan reports submitted to the Congress shall consider anddiscuss arty such potentials. The Secretary of the Interior and the Secretaryof Agriculture shall make specific studies and investigations to determinewhich additional wild, scenic and recreational river areas within the UnitedStates shall be evaluated in planning reports by all Federal agencies aspotential alternative uses of the water and related land resources involved.(82 Stat. 910; $ l(b)(2), Act of May 10, 1974,88 Stat. 123; $ l(a), (b), ActofJanuary 3, 1975, 88 Stat. 2094, 2095; $ 5(a), Act of December 31, 1975,89 Stat. 1118; $401,$701, Act of October 12, 1976,90 Stat 2330; $$721-736, title XI, $1108, Act of November 10,1978,92 Stat. 3530-3532, 3547;# 404, Act of October 12,1979,93 Stat. 667; $102, Act of March 5, 1980,94 Stat. 68; $604, Act of December 2, 1980, 94 Stat 2415; 16 U.S.C.$ 1276)

EXPLANATORYNOTE

1975 Amendment. Section 1@) of the Act Act of May 10, 1974 (Public Law 93-279, 88of January 3, 1975 (Public Law 93-621, 88 Stat. 123) amended section 5 by redesignat-S~t. 2094) amended section 5 by adding the ing subsection (c)as (b) incorporating the for-present subsection (b); redesignating the former subsection (b) relating to the study ofmer subsection (b) as (c); and redesi~ating rivers named in subsection (a) into sectionfie former sub~ction (c) as (d). The 1975 Act 4(a), and redesignating subsection (d) as (c).does not appear herein. The 1974 Act does appear herein.

1974 Amendment. Section l(b)(2) of the

Sec. 6. (a) [Acquisition of lands for inclusions in system—Limita-tions.]-The Secretiry of the Interior and the Secretary of Agriculture areeach authorized to acquire lands and interests in land within the authorizedboundaries of any component of the national wild and scenic rivers systemdesignated in section 3 of this Act, or hereafter designated for inclusion inthe system by Act of Congress, which is administered by him, but he shallnot acquire fee title to an average of more than 100 acres per mile on bothsides of the river. Lands owned by a State maybe acquired only by donation,and lands owned by an Indian tribe or a political subdivision of a State maynot be acquired without the consent of the appropriate governing bodythereof as long as the Indian tribe or political subdivision is following aplan for management and protection of the lands which the Secretary findsprotects the land and assures its use for purposes consistent with this Act.Money appropriated for Federal purposes from the land and water con-servation fund shall, without prejudice to the use of appropriations from

October 2, 1968

WILD AND SCENIC RIVERS ACT—SEC. 6(e) 2451

other sources, “be avaihble to Federal departments and agencies for theacquisition of property for the purposes of this Act.

@) [condemnation a~ions.]—If 50 per centum or more of the entireacreage within a federally administered wild, scenic or recreational riverarea is owned by the United States, by the State or States within which itlies, or by political subdivisions of those States, neither Secretary shall ac-quire fee title to any hnds by condemnation under authority of this Act.Nothing contained in this section, however, shall preclude the use of con-demnation when necessary to clear title or to acquire scenic easements orsuch other easements as are reasonably necessary to give the public accessto the river and to permit its members to traverse the length of the areaor of selected segments thereof.

(c) [Local zoning ordinances.]— Neither the Secretary of the Interiornor the Secretary of Agriculture may acquire lands by condemnation, forthe purpose of includlng such lands in any national wild, scenic or recre-ational river area, if such lands are located within any incorporated city,village, or borough which has in force and applicable to such lands a dulyadopted, valid zoning ordinance that conforms with the purposes of thisAct. In order to carry out the provisions of this subsection the appropriateSecretary shall issue guidelines, specifying standards for local zoning or-dinances, which are consistent with the purposes of this Act. The standardsspecified in such guidelines shall have the object of (A) prohibiting newcommercial or industrial uses other than commercial or industrial useswhich are consistent with the purposes of this Act, and (B) the protectionof the bank lands by means of acreage, frontage, and setback requirementson development.

(d) [Exchange of proper~.]-The appropriate Secretary is authorizedto accept title to non-Federal property within the authorized boundariesof any federally administered component of the national wild and scenicrivers system designated in section 3 of this Act or hereafter designated forinclusion in the system by Act of Congress and, in exchange therefor, conveyto the grantor any federally owned property which is under his jurisdictionwithin the State in which the component lies and which he classifies assuitable for exchange or other disposal. The values of the properties soexchanged either shall be approximately equal or, if they are not approx-imately equal, shall be equalized by the payment of cash to the grantor orto the SecretaW as the circumstances require.

(e) [Transfer of jurisdiction over Federal land.]—The head of any Fed-eral department or agency having administrative jurisdiction over any landsor interests in land within the authorized boundaries of any federally ad-ministered component of the national wild and scenic rivers system desig-nated in section 3 of this Act or hereafter designated for inclusion in thesystem by Act of Congress in [sic] authorized to transfer to the appropriatesecretary jurisdiction over such lands for administration in accordance withthe provisions of this Act. Lands acquired by or transferred to the Secretaryof Agriculture for the purposes of this Act within or adjacent to a nationalforest shall upon such acquisition or transfer become national forest hnds.

October 2, 1968

2452 WILD AND SCENIC RIVERS ACT—SEC. 6(f)

(f) [Donations.]-The appropriate Secretary is authorized to accept do-nations of lands and interests in land, funds, and other property for use inconnection with his administration of the national wild and scenic riverssystem.

(g) [Omer of improved property may reserve rights.]—(1) Any owneror owners (hereinafter in this subsection referred to as “owner”) of im-proved property on the date of its acquisition, may retain for themselvesand their successors or assigns a right of use and occupancy of the improvedproperty for noncommercial residential purposes for a definite term not toexceed twenty-five years or, in lieu thereof, for a term ending at the deathof the owner, or the death of his spouse, or the death of either or both ofthem. The owner shall elect the term to be reserved. The appropriateSecretary shall pay to the owner the fair market value of the property onthe date of such acquisition less the fair market value on such date of theright retained by the owner.

(2) A right of use and occupancy retained pursuant to this subsectionshall be subject to termination whenever the appropriate Secretary is givenreasonable cause to find that such use and occupancy is being exercised ina manner which conflicts with the purposes of this Act. In the event of sucha finding, the Secretary shall tender to the holder of that right an amountequal to the fair market value of that portion of the right which remainsunexpired on the date of termination. Such right of use or occupancy shallterminate by operation of law upon tender of the fair market price.

(3) The term “improved property”, as used in this Act, means a de-tached, one-family dwelling (hereinafter referred to as “dwelling”), theconstruction of which was begun before January 1, 1967 (except where adifferent date is specifically provided by hw with respect to any particularriver), 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 appropriateSecretary shall designate to be reasonably necessary for the enjoyment ofthe dwelling for the sole purpose of noncommercial residential use, togetherwith any structures accessory to the dwelling which are situated on the landso designated. (82 Stat. 912; $ 763(b), Act of November 10, 1978, 92 Stat.3533; 16 U.S.C. $ 1277)

EXPLANATORYNOTE

1978 Amendment. Section 763(b) of the 1967” the parenthetical phrase “(exceptAct of November 10, 1978 (Public Law 95- where a different &te is specifically provided625,92 Stat. 3533) amended subsection (g)(3) by law with respect to any particular river)”,by inserting after the words “January 1, The 1978 Act does not appear herein.

%. 7. (a) [Water resource projects on system rivers limited.]-TheFederal Energy Regulatory Commission shall not license the constructionof any dam, water conduit, reservoir, powerhouse, transmission line, orother project works under the Federal Power Act (41 Stat. 1063), asamended (16 U.S.C. 791a et seq.), on or directly affecting any river whichis designated in section 3 of this Act as a component of the national wild

October 2, 1968

WILD AND SCENIC RIVERS ACT—SEC. 7(b) 2453

and scenic rivers system or which is hereafter designated for inclusion inthat system, and no department or agency of the Untied States shall assistby loan, grant, license, or otherwise in the construction of any water re-sources project that would have a direct and adverse effect on the valuesfor which such river was established, as determined by the Secretary chargedwith its administration. Nothing contained in the foregoing sentence, how-ever, shall preclude licensing of, or assistance to, developments below orabove a wild, scenic or recreational river area or on any stream tributarythereto which will not invade the area or unreasonably diminish the scenic,recreational, and fish and wildlife values present in the area on October 2,1968. No department or agency of the United States shall recommendauthorization of any water resources project that would have a direct andadverse effect on the values for which such river was established, as deter-mined by the Secretary charged with its administration, or request appr~priations to be@ construction of any such project, whether heretofore orhereafter authorized, without advising the Secretary of the Interior or theSecretary of AWiculture, as the case may be, in writing of its intention soto do at least sixty days in advance, and without specifically reporting tothe Congress in writing at the time it makes its recommendation or requestin what respect construction of such project would be in conflict with thepurposes of this Act and would affect the component and the values to beprotected by it under this Act. Any license heretofore or hereafter issuedby the Federal Energy Regulatory Commission affecting the New River ofNorth Carolina shall continue to be effective only for that portion of theriver which is not included in the National Wild and Scenic Rivers Systempursuant to section 2 of this Act and no project or undertaking so licensedshall be permitted to invade, inundate or otherwise adversely affect suchriver segment.

EXPMNATORY NOTE

1976 Ammdment. Section 1(2) of the Act ing the provision retating to licenses issuedof September 11, 1976 (Public Law 94-407, affecting tie New River of North Carolim.90 Stat. 1238) amended subsection (a) by add- The 1976 Aet does not appear herein.

@) [~nst~ction proj=~ on rivers desi~ated for potential additionto system.]—The Federal Energy Regulatory Commission shall not licensethe construction of any dam, water conduit, reservoir, powerhouse, trans-mission line, or other project works under the Federal Power Act, asamended, on or directly affecting any river which is listed in section 5, (a)of this Act, and no department or agency of the United States shall assistby loan, grant, license, or otherwise in the construction of any water re-sources project that would have a direct and adverse effect on the valuesfor which such river might be designated, as determined by the Secretaryresponsible for its study or approval—

~) during the ten-year period following October 2, 1968, or for athree complete fiscal year period following any Act of Congress de%igrtating any river for potential addition to the national wild and scenic

October 2, 1968

2454 WILD AND SCENIC RIVERS ACT—SEC. 7@)

rivers system, whichever is later, unless, prior to the expiration of therelevant period, the Secretary of the Interior and, where national forestlands are involved, the Secretary of Agriculture, on the basis of study,determine that such river should not be included in the national wildand scenic rivers system and notify the Committees on Interior andInsular Affairs of the United States Congress, in writing, including acopy of the study upon which the determination was made, at least onehundred and eighty days while Congress is in session prior to publishingnotice to that effect in the Federal Register: Prmided, That if any Actdesignating any river or rivers for potential addition to the nationalwild and scenic rivers system provides a period for the study or studieswhich exceeds such three complete fiscal year period the period pro-vided for in such Act shall be substituted for the three complete fiscalyear period in the provisions of this clause (i); and

(ii) during such additional period thereafter as, in the case of anyriver the report for which is submitted to the President and the Con-gress, is necessary for congressional consideration thereof or, in thecase of any river recommended to the Secretary of the Interior forinclusion 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 thefirst case and one year in the second.

Nothing contained in the foregoing sentence, however, shall preclude li-censing of, or assistance to, developments below or above a potential wild,scenic or recreational river area or on any stream tributary thereto whichwill not invade the area or diminish the scenic, recreational, and fish andwildlife values present in the potential wild, scenic or recreational river areaon the date of approval of this Act. No department or agency of the UnitedStates shall, during the periods hereinbefore specified, recommend au-thorization of any water resources project on any such river or requestappropriations to begin construction of any such project, whether here-tofore or hereafter authorized, without advising the Secretary of the In-terior and, where national forest lands are involved, the Secretiry ofAgriculture in writing of its intention so to do at least sixty days in advanceof doing so and without specifically reporting to the Congress in writingat the time it makes its recommendation or request in what respect con-struction of such project would be in conflict with the purposes of this Actand would affect the component and the values to be protected by it underthis Act.

EXPLANATORYNOTSS

1975 Amendment. Section I(c) of the Act period provision of clause (i). The 1975 Actof January 3, 1975 (Public Law 93-621, 88 does not appear herein.Stit. 2096) amended subsection ~) by adding 1974 Amendment. Section l@)(3) of theto clause Q) the proviso that if any Act pro Act of May 10, 1974 (Pubfic Law 93-279, 88vides a time period for study in excess of the Stat. 123) amended subsection (b) by strikingthree fiscal year period, that period shall be the former provisions in clause Q) and incor-substituted for the three complete fiscal year porating in lieu thereof the present provisions

October 2, 1968

WILD AND SCENIC RIVERS ACT—SEC. 8 2455

in the same chuse as they appear above. Sec-tion 1@)(4) of the Act amended subsection@)by deleting in clause (ii) the words “which isrecommended to the President and the Con-gress for inclusion in the national wild andscenic river system, is necessary” and insert-ing in heu thereof the words “the report forwhich is submitted to the President and the

Con&ess, is necessary”. The 1974 Act doesnot appear herein.

Wference in tie Texk Part I of the FederalPower Act (Act of June 10, 1920, 41 Stat.1063) as amended, referred to in subsections(a) and @) of the text, appears in Volume I atp. 262. Wtmcts from Parts II and 111appearin Volume I at p. 527.

(c) [Federd Energy Re@atory Commission and other Federal agenciesshall inform %retary of prm+lngs, studies, and other activities whi~may affwt system rivers.]-The Federal Energy Regulatory Commissionand all other Federal agencies shall, promptly upon enactment of this Act,inform the Secretary of the Interior and, where national forest lands areinvolved, the Secretary of A~iculture, of any proceedings, studies, or otheractivities within their jurisdiction which are now in progress and which affector may affect any of the rivers specified in section 5(a) of this Act. Theyshall likewise inform him of any such proceedings, studies, or other activitieswhich are hereafter commenced or resumed before they are commencedor resumed.

(d) [Not applicable to grants mder Land and Water Consewation FundAct of 1965.]—Nothing in this section with respect to the making of a loanor grant shall apply to grants made under the Land and Water ConservationFund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-4 et seq.). (82 Stat. 913;$ l(b)(3), (4), Act of May 10, 1974, 88 Stit. 123; $ l(c), Act of January 3,1975, 88 Stat. 2096, $ 1(2), Act of September 11, 1976, 90 Stat. 1238;$402 (a)(l)(A), Act of August 4, 1977,91 Stit 583; 16 U.S.C. $ 1278)

EXPMNATORY NOTE

&ference in tie TexL The Land and ferred to in subsection (d) of the text, appearsWater Conservation Fund Act of 1965, re- in Volume III at p. 1785.

%. 8. [Withdrawd of certain public lands from entry.]-(a) All publiclands within the authorized boundaries of any component of the nationalwild and scenic rivers system which is designated in section 3 of this Actor which is designated after October 2, 1968, for inclusion in tbt systemare hereby withdrawn from entry, sale, or other disposition under the publicland laws of the United States.

(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(a) of thisAct are hereby withdrawn from entry, sale, or other disposition under thepublic land laws of the United Stites for the periods specified in section7(b) (b) of this Act. Notwithstanding the foregoing provisions of this subsection or any other provision of this Act, subject only to valid existingrights, including valid Native selection rights under the Alaska NativeClaims Settlement Act, all public lands which constitute the bed or bank,or are within artarea extending two miles from the bank of the river channelon both sides of the river segments referred to in paragraphs (77) through

.—

October 2, 1968


(88) of section 5(a) of this Act are hereby withdrawn from entry, sale, Stateselection or other disposition under the public land laws of the United Statesfor the periods specified in section 7(b) of this Act. (82 Stat. 915; $ 606(c),Act of December 2, 1980, 94 Stat. 2417; 16 U.S.C. $ 1279)

EXPLANATORYNOTSS

1980 Amendment. Section 606 of the Actof December 2, 1980 (Pubhc Law 96-487, 94Stit. 2417) amended subsection ~) by insert-ing the provisions withdrawing, subject tovalid existing righ~, all public lands whichconstitute the bed or bank, or are within anarea extending two miles from the bank, ofthe river channel on both sides of the riversegments referred to in paragraphs (77)through (88) of section 5(a), from entry, sale,

Stite selection or other disposition under thepubhc land bws for the periods specified insection 7@). The 1980 Act does not appearherein.

Reference in tie Tat. The Alaska NativeClaims Settlement Act (Public Law 92-203,85Stat. 688) referred to in subsection @) of thetext, is designed to settle bnd claims of mtivesin Alaska. The Act does not appear herein.

Sec. 9. (a) [Mining laws unaffected-Exceptions.]-Nothing in this Actshall affect the applicability of the United States mining and mineral leasinglaws within components of the national wild and scenic rivers system exceptthat—

(i) all prospecting, mining operations, and all other activities on min-ing claims which, in the case of a component of the system designatedin section 3 of this Act, have not heretofore been perfected or which,in the case of a component hereafter designated pursuant to this Actor any other Act of Congress, are not perfected before its inclusion inthe system and all mining operations and other activities under a minerallease, license, or permit issued or renewed after inclusion of a com-ponent in the system shall be subject to such regulations as the Secretaryof the Interior or, in the case of national forest lands, the Secretary ofAgriculture may prescribe to effectuate the purposes of this Act;

fii) subject to valid existing righw, the perfection of, issuance of apatent to, any mining claim affecting lands within the system shall conferor convey a right or title only to the mineral deposits and such rightsonly to the use of the surface and the surface resources as are reasonablyrequired to carrying on prospecting or mining operations and are con-sistent with such regulations as may be prescribed by the Secretary ofthe Interior or, in the case of national forest lands, by the Secretary ofAgriculture; and

~ii) subject to valid existing rights, the minerals in Federal lands whichare part of the system and constitute the bed or bank or are situatedwithin one-quarter mile of the bank of any river designated a wild riverunder this Act or any subsequent Act are hereby withdrawn from allforms of appropriation under the mining laws and from operation ofthe mineral leasing hws including, in both cases, amendments thereto.

Regulations issued pursuant to paragraphs ~) and (ii) of this subsection shall,among other things, provide safeguards against pollution of the river in-volved and unnecessary impairment of the scenery within the componentin question.

October 2, 1968


b) [Withdraws of =rtain IanA.]—The minerals in any Federal landswhich constitute the bed or bank or are situated within one-quarter mileof the bank of any river which is listed in section 5(a) of this Act are herebywithdrawn from all forms of appropriation under the mining laws duringthe periods specified in section 7(b) of this Act. Nothing contained in thissubsection shall be construed to forbid prospecting or the issuance or leases,licenses, and permits under the mineral leasing laws subject to such con-ditions as the Secretary of the Interior and, in the case of mtional forestlands, the Secretary of Agriculture find appropriate to safeguard the areain the event it is subsequently included in the system. Notwithstanding theforegoing provisions of this subsection or any other provision of this Act,all public lands which constitute the bed or bank, or are within an areaextending two miles from the bank of the river channel on both sides ofthe river segments referred to in paragraphs (77) though (88) of section5(a) of this Act are hereby withdrawn subject to valid existing rights, fromall forms of appropriation under the mining laws and from operation ofthe mineral leasing laws including, in both cases, amendments thereto, dur-ing the periods specified in section 7(b), of this Act. (82 Stat. 915; $ 606(b),Act of December 2, 1980, 94 Stat. 2416; 16 U.S.C. $ 1280)

WpLANATORY NOTE

1980 Amendment. Section 606(b) of the segments referred to in paragraphs (77)Act of December 2,1980 (Public Law 96-487, through (88) of section 5(a) of the Act, from94 Stat. 2416), amended subsection @) by inall forms of appropriations under the mtilngserting the provision withdrawing, subject to laws and operation of the mineral leasing lawsvalid existing righti, all public lads which during the periods specified in section 7@) ofconstitute the bed or bank, or are within an the Act. The 1980 Act does not appeararea extending two miles from the bank of herein.the river channel or both sides of the river

k. 10. [Administration of system.]—(a) Each component of the na-tional wild and scenic rivers system shall be administered in such manneras to protect and enhance the values which caused it to be included in saidsystem without, insofar as is consistent therewith, limiting other uses thatdo not substantially interfere with public use and enjoyment of these values.In such administration primary emphasis shall be given to protecting itsesthetic, scenic, historic, archeologic, and scientific features. Managementplans for any such component may establish varying degrees of intensityfor its protection and development, based on the special attributes of thearea.

(b) Any portion of a component of the national wild and scenic riverssystem that is within the national wilderness preservation system, as estab-lished by or pursuant to the Act of September 3, 1964 (78 Stat. 890; 16U. S.C., ch. 23), shall be subject to the provisions of both the WildernessAct and this Act with respect to preservation of such river and its immediateenvironment, and in case of conflict between the provisions of these Actsthe more restrictive provisions shall apply.

(c) Any component of the national wild and scenic rivers system that isadministered by the Secretary of the Interior through the Natioml Park

October 2, 1968

2458 WILD AND SCENIC RIVERS ACT—SEC. 11

Service shall become a part of the national park system, and any such com-ponent that is administered by the Secretary through the Fish and WildlifeService shall become a part of the national wildlife refuge system. The landsinvolved shall be subject to the provisions of this Act and the Acts underwhich the national park system or national wildlife system, as the case maybe, is administered, and in case of conflict between the provisions of theseActs, the more restrictive provisions shall apply. The Secretary of the In-terior, in his administration of any component of the national wild andscenic rivers system, may utilize such general statutory authorities relatingto areas of the national park system and such general statutory authoritiesotherwise available to him for recreation and preservation purposes and forthe conservation and management of natural resources as he deems ap-propriate to carry out the purposes of this Act.

(d) The Secretary of Agriculture, in his administration of any componentof the national wild and scenic rivers system area, may utilize the generalstatutory authorities relating to the national forests in such manner as hedeems appropriate to carry out the purposes of this Act.

(c)The Federal agency charged with the administration of any componentof the natioml wild and scenic rivers system may enter into written cooperative agreements with the Governor of a State, the head of any Stateagency, or the appropriate official of a political subdivision of a State forState or local governmental participation in the administration of the com-ponent. The States and their political subdivisions shall be encouraged tocooperate in the planning and administration of components of the systemwhich include or adjoin State- or county-owned lands. (82 Stat. 916; 16U.S.C. $ 1281.)

EXPLANATORYNOTE

~ference in tie Text. The Act of Septem- section ~) of tie text, is the Wilderness Act,ber 3, 1964 (78 Stit. 890), referred to in sub and appears in Volume 111at page 1777.

Sec. 11. [Federd assistance in formtiation of statetide outdoor rec-reation plans]—(a) The Secretary of the Interior shall encourage and assistthe States to consider, in formulating and carrying out their comprehensivestatewide outdoor recreation plans and proposals for financing assistancefor State and local projects submitted pursuant to the Land and WaterConservation Fund Act of 1965 (78 Stat. 897) needs and opportunities forestablishing State and local wild, scenic and recreational areas. He shall also,in accordance with the authority contained in the Act of May 28, 1963 (77Stat. 49) provide technical assistance and advice to, and cooperate with,States, political subdivisions, and private interests, includlng nonprofit or-ganizations, with respect to establishing such wild, scenic and recreationalriver areas.

(b) The Secretaries of Agriculture and of Health and Human Servicesshall likewise, in accordance with the authority vested in them assist, advise,and cooperate with State and local agencies and private interests with re-spect to establishing such wild, scenic and recreational river areas. (82 Stat.916; $ 509@), Act of October 17, 1979, 93 Stat. 695; 16 U.S.C. $ 1282.)

October 2, 1968


EXPLANATORYNOT=

Chango of Name. “Health and Human Ser- tion (a) of tie text, provides for the coordl-vices” was substituted for “Health, Educa- nation of rem%ation pro~ms, and appearstion, and Welfare” in subsection @) pursuant in Volume 111 at page 1711. The Land andto section 509@) of the Act of October 17, Water Conservation Fund Act of 1965, also1979, Public Law 96-88, 93 Stat. 695. referred to in subsection (a) of the text, ap

Wferences k tie Text. The Act of May pears in Volume 111at page 1785.28, 1963 (77 Stat. 49), referred to in subsec-

See. 12. (a) [Review of existing Federd plans.]—The Secretary of theInterior, the Secrehry of Agriculture, and the head of any other Federaldepartment or agency having jurisdiction over any lands which include,border upon, or are adjacent to, any river included within the NationalWild and Scenic Rivers System or under consideration for such inclusionin accordance with section 2(a)(ii), section 3(a), or section 5 (a) of this Act,shall take such action respecting management policies, regulations, con-tracts, plans, affecting such lands, following November 10, 1978, as maybe necessary to protect such rivers in accordance with the purposes of thisAct. Such Secretary or other department or agency head shall, where ap-propriate, enter into written cooperative agreements with the appropriateState or local official for the planning, administration, and management ofFederal lands which are within the boundaries of any rivers for which ap-proval has been granted under section 2(a)fii) of this Act. Particular atten-tion shall be given to scheduled timber harvesting, road construction, andsimilar activities which might be contrary to the purposes of this Act.

EXPLANATORYNOTE

1978 Amendmat. Section 762 of the Act porating references to rivers covered in sec-of November 10, 1978 (Pubhc hw 95-625, tions 2(a)(ii) and 3(a) of the ACG and requifig92 Stat. 3533) amended subsection(a) by sub cooperative agreements with appropriatestituting the provision requiring action to be State or local officials for ptanning and admin-taken by the Secretaries and heads of agencies istration of Federal lands witiln boundariesfor the prior provision requiring review by of rivers approved under section 2(a)(ii) of thesuch offlcialx making the prov~lon applicable Act. The 1978 Act does not appear herein.to rivers included within the system; incor-

@) [Existing contracfi unaangd.]—Nothing in this section shall beconstrued to abrogate any existing rights, privileges, or contracts affectingFederal lands held by any private party without consent of said party.

(c) [Pollution control.]—The head of any agency administering a com-ponent of the national wild and scenic rivers system shall cooperate withthe Secretary of the Interior and with the appropriate State water pollutioncontrol agencies for the purpose of eliminating or diminishing the pollutionof waters of the river. (82 Stat. 917; $762, Act of November 10, 1978, 92Stat. 3533; 16 U.S.C. $ 1283.)

Sec. 13. [Existing law unaffected.]-(a) Nothing in this Act shall affectthe jurisdiction or responsibilities of the States with respect to fish andwildlife. Hunting and fishing shall be permitted on lands and waters ad-ministered as parts of the system under applicable Stite and Federal laws

October 2, 1968


and regulations unless, in the case of hunting, those lands or waters arewithin a national park or monument. The administering Secretary may,however, designate zones where, and establish periods when, no hunting ispermitted for reasons of public safety, administration, or public use andenjoyment and shall issue appropriate regulations after consultation withthe wildlife agency of the State or States affected.

(b) The jurisdiction of the States and the United States over waters ofany stream included in a national wild, scenic or recreation river area shallbe determined by established principles of law. Under the provisions of thisAct, any taking by the United States of a water right which is vested undereither State or Federal law at the time such river is included in the nationalwild and scenic rivers system shall entitle the owner thereof to just com-pensation. Nothing in this Act shall constitute an express or implied claimor denial on the part of the Federal Government as to exemption fromState water laws.

(c) Designation of any stream or portion thereof as a national wild, scenicor recreational river area shall not be construed as a reservation of thewaters 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 ina national wild. scenic or recreational river area shall be unaffected bv thisAct to the extent that such jurisdiction maybe exercised without imp~iringthe 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 madeby any States which contain any portion of the national wild and scenicrivers system.

(f) Nothing in this Act shall affect existing rights of any State, includingthe right of access, with respect to the beds of navigable streams, tributaries,or rivers (or segments thereo~ located in a national wild, scenic or recre-ational river ar~a.

(g) The Semetary of the Interior or the Secretary of A~iculture, as thecase may be, may grant easements and rights-of-way upon, over, under,across, or through any component of the national wild and scenic riverssystem in accordance with the laws applicable to the national park systemand the national forest system, respectively: Prtided, That any conditionsprecedent to granting such easements and rights-of-way shall be related tothe policy and purpose of this Act. (82 Stat. 917; 16 U.S.C. $ 1284.)

Sec. 14. [Donati ea*menti.]-The claim and allowance of the valueof an easement as a charitable contribution under section 170 of title 26United States Code, or as a gift under section 2522 of said title shall con-stitute an agreement by the donor on behalf of himself, his heirs, and assignsthat, if the terms of the instrument creating the easement are violated, thedonee or the United States may acquire the servient estate at its fair marketvalue as of the time the easement was donated minus the value of theeasement claimed and allowed as a charitable contribution or gift. (82 Stat918; 16 U.S.C. ~ 1285.)

October 2, 1968


EXPLANATORYNOTE

Reference h tie Tat. Title 26 of the U.S. Internal Revenue Code. The Internal Reve-Code, referred to in the text, contains the nue Code does not appear herein.

See. 14A. [Lease of Federd lands witin system.]-(a) Where appropriatein the discretion of the Secretary, he may lease federally owned land (orany interest therein) which is within the boundaries of any component ofthe National Wild and Scenic Rivers System and which has been acquiredby the Secretary under this Act. Such lease shall be subject to such restrictivecovenants 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 beoffered first for such lease to the person who owned such land immediatelybefore its acquisition by the United States. (Added by Act of November10, 1978, $764, 92 Stat. 3534; 16 U.S.C. $ 1285a.)

EXPLANATORYNOTE

1978 Amendment. S&on 764 of the Act section 14A. The 1978 Aet does not appearof November 10, 1978 (Pubfic Law 95-625, herein.92 Stat. 3534) amending this Act by adding

See. 15. [Establishment of boundaries for certain component rivers inAlaska—Withdrawal of miuerals.]-Notwithstanding any other provisionto the contrary in sections 3 and 9 of this Act, with respect to componentsof the National Wild and Scenic Rivers System in Alaska designated byparagraphs (38) through (50) of section 3(a) of this Act—

(1) the boundary of each such river shall include an average of notmore than six hundred and forty acres per mile on both sides of theriver. Such boundary shall not include any lands owned by the State ora political subdivision of the State nor shall such boundary extendaround any private lands adjoining the river in such manner as to sur-round or effectively surround such private lands; and((2) the withdrawal made by paragraph (iii) of section 9(a) of this Actshall apply to the minerals in Federal lands which constitute the bedor bank or are situated within one-half mile of the bank of any riverdesignated a wild river by the Alaska National Interest Lands Conser-vation Act. (Added by Act of December 2, 1980, $ 606(a) 94 Stat. 2416;16 U.S.C. $ 1285b.)

EXPLANATORYNOTm

1980 AmendmenL Section 606(a) of the tional Interest hnds Conservation Act, ActAct of December 2, 1980 (Pubtic Law 96-487, of Deeember 2, 1980 (Pubhc hw 96487, 9494 Stat. 2416) amended ti]s Act by adding Stat. 2371) referred to in the text, is designedsection 15 and redesignated former section 15 to protect the mtionally significant cultural,as section 16. The 1980 Act does appearherein.

natural, scenic, wildhfe, and other values oflands in Abska. The 1980 Aet does not ap

Referena in tie Tat. The Alaska Na- pear herein.

See. 16. [kfinitions.]-As used in this Act, the term—(a) “River” means a flowing body of water or estuary or a section, portion,

October 2, 1968


or tributary thereof, including rivers, streams, creeks, runs, kills, rills, andsmall lakes.

(b) “Free-flowing”, as applied to any river or section of a river, meansexisting or flowing in natural condition without impoundment, diversion,straightening, riprapping, or other modification of the waterway. The ex-istence, however, of low dams, diversion works, and other minor structuresat the time any river is proposed for inclusion in the national wild and scenicrivers system shall not automatically bar its consideration for such inclusion:Prmided, That this shall not be construed to authorize, intend, or encouragefuture construction of such structures within components of the nationalwild and scenic rivers system.

(c) “Scenic easement” means the right to control the use of land (includingthe air space above such land) within the authorized boundaries of a com-ponent of the wild and scenic rivers system, for the purpose of protectingthe natural qualities of a designated wild, scenic or recreational river area,but such control shall not affect, without the owner’s consent, any regularuse exercised prior to the acquisition of the easement. (82 Stat. 918; $ 1(c),Act of May 10, 1974, 88 Stat. 123; $ 606(a), Act of December 2, 1980, 94Stat. 2416; 16 U.S.C. $ 1286.)

EXPLANATORYNOTSS

1980 Amendmenk Section 606(a) of theAct of December 2, 1980 (Pubhc Law 96-487,94 Stat. 2416) redesi~ated the former sec-tion 15 as section 16 and redesignated formersection 16 as section 17. The 1980 Act doesnot appear herein.

1974 Amendment. Section 1(c) of the Actof May 10, 1974 (Public Law 93-279, 88 Sat.

123) amended subsection (c) by deleting “forthe purposes of protecting the scenic viewfrom the river” and inserting in heu thereof“within the authorized boundaries of the wildand scenic river system, for the purpose ofprotecting the natural qualities of a desig-nated wild, scenic or recreational river area”.The 1974 Act does not appear herein.

* * * * *

EXPLANATORYNOTE

Legislative Histoq. S. 119,Public Law 90- tember 16, 1968. House agrees to a confer-542 in the 90th Congress. Reported in Senate ence September 16, 1968. Conference reportfrom Interior and Insuhr Affairs August 4, filed September 24, 1968; H.R. Rept. No.1967; S. Rept. No. 491. Passed Senate August 1917. House agrees to conference report Sep-8, 1967. Passed House, amended, September tember 25, 1968. Senate agrees to conference12, 1968. Senate asks for a conference Sep report September 26, 1968.

of o~ober 2, 1968, pubhc law 9@542, 82 sat. 906) · 2015-05-21 · october 2, 1968 2428 wild and...

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