-CITE-

16 USC CHAPTER 28 - WILD AND SCENIC RIVERS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

.

-HEAD-

CHAPTER 28 - WILD AND SCENIC RIVERS

-MISC1-

Sec.

1271. Congressional declaration of policy.

1272. Congressional declaration of purpose.

1273. National wild and scenic rivers system.

(a) Composition; application; publication in Federal

Register; expense; administration of federally

owned lands.

(b) Classification, designation, and administration

of rivers.

1274. Component rivers and adjacent lands.

(a) Designation.

(b) Establishment of boundaries; classification.

(c) Public inspection of maps and descriptions.

(d) Comprehensive management plan for protection of

river values; review of boundaries,

classifications, and plans.

1275. Additions to national wild and scenic rivers system.

(a) Reports by Secretaries of the Interior and

Agriculture; recommendations to Congress;

contents of reports.

(b) Study of report by affected Federal and State

officials; recommendations and comments;

transmittal to President and Congress.

(c) Publication in Federal Register.

(d) Areas comprised by boundaries; scope of study

report.

1276. Rivers constituting potential additions to national wild and

scenic rivers system.

(a) Enumeration of designated rivers.

(b) Studies and reports.

(c) State participation.

(d) Continuing consideration by Federal agencies to

potential national, wild, scenic and

recreational river areas.

1277. Land acquisition.

(a) Grant of authority to acquire; State and Indian

lands; use of appropriated funds; acquisition

of tracts partially outside component

boundaries; disposition of lands.

(b) Curtailment of condemnation power in area 50 per

centum or more of which is owned in fee title

by Federal or State government.

(c) Curtailment of condemnation power in urban areas

covered by valid and satisfactory zoning

ordinances.

(d) Exchange of property.

(e) Transfer of jurisdiction over federally owned

property to appropriate Secretary.

(f) Acceptance of donated land, funds, and other

property.

(g) Retained right of use and occupancy; termination;

fair market value; ''improved property''

defined.

1278. Restrictions on water resources projects.

(a) Construction projects licensed by Federal Energy

Regulatory Commission.

(b) Construction projects on rivers designated for

potential addition to system.

(c) Activities in progress affecting river of system;

notice to Secretary.

(d) Grants under Land and Water Conservation Fund Act

of 1965.

1279. Withdrawal of public lands from entry, sale, or other

disposition under public land laws.

(a) Lands within authorized boundaries of components

of system.

(b) Lands constituting bed or bank of river; lands

within bank area.

1280. Federal mining and mineral leasing laws.

(a) Applicability to components of system.

(b) Withdrawal from appropriation of minerals in

Federal river beds or bank areas; prospecting,

leases, licenses, and permits.

1281. Administration.

(a) Public use and enjoyment of components;

protection of features; management plans.

(b) Wilderness areas.

(c) Areas administered by National Park Service and

Fish and Wildlife Service.

(d) Statutory authorities relating to national

forests.

(e) Cooperative agreements with State and local

governments.

1282. Assistance to State and local projects.

(a) Assistance of the Secretary of the Interior.

(b) Assistance of Secretaries of the Interior,

Agriculture, or other Federal agency heads; use

of Federal facilities, equipment, etc.;

conditions on permits or other authorizations.

1283. Management policies.

(a) Action of Secretaries and heads of agencies;

cooperative agreements.

(b) Existing rights, privileges, and contracts

affecting Federal lands.

(c) Water pollution.

1284. Existing State jurisdiction and responsibilities.

(a) Fish and wildlife.

(b) Compensation for water rights.

(c) Reservation of waters for other purposes or in

unnecessary quantities prohibited.

(d) State jurisdiction over included streams.

(e) Interstate compacts.

(f) Rights of access to streams.

(g) Easements and rights-of-way.

1285. Claim and allowance of charitable deduction for contribution

or gift of easement.

1285a. Lease of Federal lands.

(a) Authority of Secretary; restrictive covenants.

(b) Offer to prior owner.

1285b. Establishment of boundaries for certain component rivers in

Alaska; withdrawal of minerals.

1286. Definitions.

1287. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 460gg-3, 460bbb-3,

460nnn-71, 460nnn-72, 544k, 698v-7 of this title; title 43 section

2302.

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16 USC Sec. 1271 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1271. Congressional declaration of policy

-STATUTE-

It is hereby declared to be the policy of the United States that

certain selected rivers of the Nation which, with their immediate

environments, possess outstandingly remarkable scenic,

recreational, geologic, fish and wildlife, historic, cultural, or

other similar values, shall be preserved in free-flowing condition,

and that they and their immediate environments shall be protected

for the benefit and enjoyment of present and future generations.

The Congress declares that the established national policy of dam

and other construction at appropriate sections of the rivers of the

United States needs to be complemented by a policy that would

preserve other selected rivers or sections thereof in their

free-flowing condition to protect the water quality of such rivers

and to fulfill other vital national conservation purposes.

-SOURCE-

(Pub. L. 90-542, Sec. 1(b), Oct. 2, 1968, 82 Stat. 906.)

-COD-

CODIFICATION

Section consists of subsec. (b) of section 1 of Pub. L. 90-542.

Subsecs. (a) and (c) of section 1 are classified to section 1272 of

this title and as a note under this section, respectively.

-MISC3-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-365, Sec. 1, Dec. 19, 2002, 116 Stat. 3027, provided

that: ''This Act (amending section 1274 of this title and enacting

provisions set out as a note under section 1274 of this title) may

be cited as the 'Caribbean National Forest Wild and Scenic Rivers

Act of 2002'.''

SHORT TITLE OF 2001 AMENDMENT

Pub. L. 107-65, Sec. 1, Nov. 6, 2001, 115 Stat. 484, provided

that: ''This Act (amending section 1276 of this title) may be cited

as the 'Eightmile River Wild and Scenic River Study Act of 2001'.''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-418, Sec. 1, Nov. 1, 2000, 114 Stat. 1817, provided

that: ''This Act (amending section 1274 of this title and enacting

provisions classified as a note under section 1274 of this title)

may be cited as the 'Lower Delaware Wild and Scenic Rivers Act'.''

Pub. L. 106-357, Sec. 1, Oct. 24, 2000, 114 Stat. 1393, provided

that: ''This Act (amending section 1274 of this title and enacting

provisions classified as a note under section 1274 of this title)

may be cited as the 'White Clay Creek Wild and Scenic Rivers System

Act'.''

Pub. L. 106-318, Sec. 1, Oct. 19, 2000, 114 Stat. 1278, provided

that: ''This Act (amending section 1276 of this title) may be cited

as the 'Taunton River Wild and Scenic River Study Act of 2000'.''

Pub. L. 106-299, Sec. 1, Oct. 13, 2000, 114 Stat. 1050, provided

that: ''This Act (amending section 1274 of this title and enacting

provisions classified as a note under section 1274 of this title)

may be cited as the 'Wekiva Wild and Scenic River Act of 2000'.''

Pub. L. 106-192, Sec. 1, May 2, 2000, 114 Stat. 233, provided

that: ''This Act (amending section 1274 of this title and

provisions classified as a note under section 1274 of this title)

may be cited as the 'Lamprey Wild and Scenic River Extension

Act'.''

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-20, Sec. 1, Apr. 9, 1999, 113 Stat. 30, provided

that: ''This Act (amending section 1274 of this title and enacting

provisions classified as a note under section 1274 of this title)

may be cited as the 'Sudbury, Assabet, and Concord Wild and Scenic

River Act'.''

SHORT TITLE OF 1994 AMENDMENTS

Pub. L. 103-313, Sec. 1, Aug. 26, 1994, 108 Stat. 1699, provided

that: ''This Act (amending section 1274 of this title and enacting

provisions classified as a note under section 1274 of this title)

may be cited as the 'Farmington Wild and Scenic River Act'.''

Pub. L. 103-242, Sec. 1, May 4, 1994, 108 Stat. 611, provided

that: ''This Act (amending sections 1274 and 1276 of this title and

enacting provisions classified as a note under section 1274 of this

title) may be cited as the 'Rio Grande Designation Act of 1994'.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-170, Sec. 1, Dec. 2, 1993, 107 Stat. 1986, provided

that: ''This Act (amending section 1274 of this title) may be cited

as the 'Red River Designation Act of 1993'.''

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-275, Sec. 1, Apr. 22, 1992, 106 Stat. 123, provided

that: ''This Act (amending section 1274 of this title and enacting

provisions classified as a note under section 1274 of this title)

may be cited as the 'Arkansas Wild and Scenic Rivers Act of

1992'.''

Pub. L. 102-249, Sec. 1, Mar. 3, 1992, 106 Stat. 45, provided

that: ''This Act (amending sections 1274 and 1276 of this title and

enacting provisions classified as a note under section 1274 of this

title) may be cited as the 'Michigan Scenic Rivers Act of 1991'.''

SHORT TITLE OF 1991 AMENDMENTS

Pub. L. 102-215, Sec. 1, Dec. 11, 1991, 105 Stat. 1664, provided

that: ''This Act (amending section 1276 of this title) may be cited

as the 'White Clay Creek Study Act'.''

Pub. L. 102-214, Sec. 1, Dec. 11, 1991, 105 Stat. 1663, provided

that: ''This Act (amending section 1276 of this title) may be cited

as the 'Lamprey River Study Act of 1991'.''

Pub. L. 102-50, Sec. 1, May 24, 1991, 105 Stat. 254, provided

that: ''This Act (amending sections 1274 and 1276 of this title and

enacting provisions classified as notes under sections 1a-5 and

1274 of this title) may be cited as the 'Niobrara Scenic River

Designation Act of 1991'.''

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-628, title VII, Sec. 701, Nov. 28, 1990, 104 Stat.

4497, provided that: ''This title (amending section 1276 of this

title) may be cited as the 'Sudbury, Assabet, and Concord Wild and

Scenic River Study Act'.''

Pub. L. 101-628, title XIII, Sec. 1301, Nov. 28, 1990, 104 Stat.

4509, provided that: ''This Act (probably should be ''this title'',

amending section 1274 of this title) may be cited as the 'Clarks

Fork Wild and Scenic River Designation Act of 1990'.''

Pub. L. 101-357, Sec. 1, Aug. 10, 1990, 104 Stat. 418, provided

that: ''This Act (amending section 1276 of this title) may be cited

as the 'Pemigewasset River Study Act of 1989'.''

Pub. L. 101-356, Sec. 1, Aug. 10, 1990, 104 Stat. 417, provided

that: ''This Act (amending section 1276 of this title) may be cited

as the 'Merrimack River Study Act of 1990'.''

Pub. L. 101-306, Sec. 1, June 6, 1990, 104 Stat. 260, provided

that: ''This Act (amending section 1274 of this title) may be cited

as the 'East Fork of the Jemez River and the Pecos River Wild and

Scenic Rivers Addition Act of 1989'.''

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-557, title I, Sec. 101, Oct. 28, 1988, 102 Stat.

2782, provided that: ''This title (amending sections 1274 and 1276

of this title and enacting provisions classified as notes under

section 1274 of this title) may be referred to as the 'Omnibus

Oregon Wild and Scenic Rivers Act of 1988'.''

Pub. L. 100-547, Sec. 1, Oct. 28, 1988, 102 Stat. 2736, provided:

''That this Act (amending section 1274 of this title and enacting

provisions listed in a table of Wilderness Areas set out under

section 1132 of this title) may be cited as the 'Sipsey Wild and

Scenic River and Alabama Addition Act of 1988'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-590, title II, Sec. 201, Oct. 30, 1986, 100 Stat.

3332, provided that: ''This title (amending section 1276 of this

title) may be cited as the 'Farmington Wild and Scenic River Study

Act'.''

SHORT TITLE OF 1972 AMENDMENT

Section 1 of Pub. L. 92-560, Oct. 25, 1972, 86 Stat. 1174,

provided: ''That this Act (amending section 1274 of this title and

enacting provisions classified as a note under section 1274 of this

title) may be cited as the 'Lower Saint Croix River Act of 1972'.''

SHORT TITLE

Section 1(a) of Pub. L. 90-542 provided that: ''This Act

(enacting this chapter) may be cited as the 'Wild and Scenic Rivers

Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1272, 1273 of this title.

-CITE-

16 USC Sec. 1272 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1272. Congressional declaration of purpose

-STATUTE-

The purpose of this chapter is to implement the policy set out in

section 1271 of this title by instituting a national wild and

scenic rivers system, by designating the initial components of that

system, and by prescribing the methods by which and standards

according to which additional components may be added to the system

from time to time.

-SOURCE-

(Pub. L. 90-542, Sec. 1(c), Oct. 2, 1968, 82 Stat. 906.)

-COD-

CODIFICATION

Section consists of subsec. (c) of section 1 of Pub. L. 90-542.

Subsecs. (a) and (b) of section 1 are classified to section 1271

and section 1271 note, respectively.

-CITE-

16 USC Sec. 1273 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1273. National wild and scenic rivers system

-STATUTE-

(a) Composition; application; publication in Federal Register;

expense; administration of federally owned lands

The national wild and scenic rivers system shall comprise rivers

(i) that are authorized for inclusion therein by Act of Congress,

or (ii) that are designated as wild, scenic or recreational rivers

by or pursuant to an act of the legislature of the State or States

through which they flow, that are to be permanently administered as

wild, scenic or recreational rivers by an agency or political

subdivision of the State or States concerned that are found by the

Secretary of the Interior, upon application of the Governor of the

State or the Governors of the States concerned, or a person or

persons thereunto duly appointed by him or them, to meet the

criteria established in this chapter and such criteria

supplementary thereto as he may prescribe, and that are approved by

him for inclusion in the system, including, upon application of the

Governor of the State concerned, the Allagash Wilderness Waterway,

Maine; that segment of the Wolf River, Wisconsin, which flows

through Langlade County; and that segment of the New River in North

Carolina extending from its confluence with Dog Creek downstream

approximately 26.5 miles to the Virginia State line. Upon receipt

of an application under clause (ii) of this subsection, the

Secretary shall notify the Federal Energy Regulatory Commission and

publish such application in the Federal Register. Each river

designated under clause (ii) shall be administered by the State or

political subdivision thereof without expense to the United States

other than for administration and management of federally owned

lands. For purposes of the preceding sentence, amounts made

available to any State or political subdivision under the Land and

Water Conservation Act of 1965 (16 U.S.C. 460l-4 et seq.) or any

other provision of law shall not be treated as an expense to the

United States. Nothing in this subsection shall be construed to

provide for the transfer to, or administration by, a State or local

authority of any federally owned lands which are within the

boundaries of any river included within the system under clause

(ii).

(b) Classification, designation, and administration of rivers

A wild, scenic or recreational river area eligible to be included

in the system is a free-flowing stream and the related adjacent

land area that possesses one or more of the values referred to in

section 1271 of this title. Every wild, scenic or recreational

river in its free-flowing condition, or upon restoration to this

condition, shall be considered eligible for inclusion in the

national wild and scenic rivers system and, if included, shall be

classified, designated, and administered as one of the following:

(1) Wild river areas - Those rivers or sections of rivers that

are free of impoundments and generally inaccessible except by

trail, with watersheds or shorelines essentially primitive and

waters unpolluted. These represent vestiges of primitive

America.

(2) Scenic river areas - Those rivers or sections of rivers

that are free of impoundments, with shorelines or watersheds

still largely primitive and shorelines largely undeveloped, but

accessible in places by roads.

(3) Recreational river areas - Those rivers or sections of

rivers that are readily accessible by road or railroad, that may

have some development along their shorelines, and that may have

undergone some impoundment or diversion in the past.

-SOURCE-

(Pub. L. 90-542, Sec. 2, Oct. 2, 1968, 82 Stat. 906; Pub. L.

94-407, Sec. 1(1), Sept. 11, 1976, 90 Stat. 1238; Pub. L. 95-625,

title VII, Sec. 761, Nov. 10, 1978, 92 Stat. 3533.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Act of 1965, referred to in

subsec. (a), probably means the Land and Water Conservation Fund

Act of 1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as

amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

-MISC2-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-625 provided for notification of

the Federal Energy Regulatory Commission and publication of any

application in the Federal Register; made it an expense of the

United States for administration and management of federally owned

lands; treated amounts available to the States under provisions of

law not as an expense of the United States; and made federally

owned lands within boundaries of State rivers free of ownership or

administration of State or local authority.

1976 - Subsec. (a). Pub. L. 94-407 inserted provision for

inclusion of specified segment of New River in North Carolina.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1274, 1278, 1283 of this

title.

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16 USC Sec. 1274 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1274. Component rivers and adjacent lands

-STATUTE-

(a) Designation

The following rivers and the land adjacent thereto are hereby

designated as components of the national wild and scenic rivers

system:

(1) Clearwater, Middle Fork, Idaho - The Middle Fork from the

town of Kooskia upstream to the town of Lowell; the Lochsa River

from its junction with the Selway at Lowell forming the Middle

Fork, upstream to the Powell Ranger Station; and the Selway River

from Lowell upstream to its origin; to be administered by the

Secretary of Agriculture.

(2) Eleventh Point, Missouri - The segment of the river extending

downstream from Thomasville to State Highway 142; to be

administered by the Secretary of Agriculture.

(3) Feather, California - The entire Middle Fork downstream from

the confluence 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

Colorado State line downstream to the State Highway 96 crossing,

and the lower four miles of the Red River; to be administered by

the Secretary of the Interior.

(5) Rogue, Oregon - The segment of the river extending from the

mouth of the Applegate River downstream to the Lobster Creek

Bridge; to be administered by agencies of the Departments of the

Interior or Agriculture as agreed upon by the Secretaries of said

Departments or as directed by the President.

(6) Saint Croix, Minnesota and Wisconsin - The segment between

the the dam near Taylors Falls, Minnesota, and the dam near Gordon,

Wisconsin, and its tributary, the Namekago, from Lake Namekago

downstream to its confluence with the Saint Croix; to be

administered by the Secretary of the Interior: Provided, That

except as may be required in connection with items (a) and (b) of

this paragraph, no funds available to carry out the provisions of

this chapter may be expended for the acquisition or development of

lands in connection with, or for administration under this chapter

of, that portion of the Saint Croix River between the dam near

Taylors Falls, Minnesota, and the upstream end of Big Island in

Wisconsin, until sixty days after the date on which the Secretary

has transmitted to the President of the Senate and Speaker of the

House of Representatives a proposed cooperative agreement between

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

Taylors Falls, Minnesota, and the upstream end of Big Island in

Wisconsin, including the company's right, title, and interest to

approximately one hundred acres per mile, and (b) providing for the

use and development of other lands and interests in land retained

by the company between said points adjacent to the river in a

manner which shall complement and not be inconsistent with the

purposes for which the lands and interests in land donated by the

company are administered under this chapter. Said agreement may

also include provision for State or local governmental

participation as authorized under subsection (e) of section 1281 of

this title. A one-thousand-three-hundred-and-eighty-acre portion

of the area commonly known as the Velie Estate, located adjacent to

the Saint Croix River in Douglas County, Wisconsin, as depicted on

the map entitled ''Boundary Map/Velie Estate - Saint Croix National

Scenic Riverway'', dated September 1980, and numbered 630-90,001,

may be acquired by the Secretary without regard to any acreage

limitation set forth in subsection (b) of this section or

subsection (a) or (b) of section 1277 of this title.

(7) Salmon, Middle Fork, Idaho - From its origin to its

confluence with the main Salmon River; to be administered by the

Secretary of Agriculture.

(8) Wolf, Wisconsin - From the Langlade-Menominee County line

downstream to Keshena Falls; to be administered by the Secretary of

the Interior.

(9) Lower Saint Croix, Minnesota and Wisconsin - The segment

between the dam near Taylors Falls and its confluence with the

Mississippi River: Provided, (i) That the upper twenty-seven miles

of this river segment shall be administered by the Secretary of the

Interior; and (ii) That the lower twenty-five miles shall be

designated by the Secretary upon his approval of an application for

such designation made by the Governors of the State of Minnesota

and Wisconsin.

(10) Chattooga, North Carolina, South Carolina, Georgia - The

Segment from 0.8 mile below Cashiers Lake in North Carolina to

Tugaloo Reservoir, and the West Fork Chattooga River from its

junction with Chattooga upstream 7.3 miles, as generally depicted

on the boundary map entitled ''Proposed Wild and Scenic Chattooga

River and Corridor Boundary'', dated August 1973; to be

administered by the Secretary of Agriculture: Provided, That the

Secretary of Agriculture shall take such action as is provided for

under subsection (b) of this section within one year from May 10,

1974: Provided further, That for the purposes of this river, there

are authorized to be appropriated not more than $5,200,000 for the

acquisition of lands and interests in lands and not more than

$809,000 for development.

(11) Rapid River, Idaho - The segment from the headwaters of the

main stem to the national forest boundary and the segment of the

West Fork from the wilderness boundary downstream to the confluence

with the main stem, as a wild river.

(12) Snake, Idaho and Oregon - The segment from Hells Canyon Dam

downstream to Pittsburgh Landing, as a wild river; and the segment

from Pittsburgh Landing downstream to an eastward extension of the

north boundary of section 1, township 5 north, range 47 east,

Willamette meridian, as a scenic river.

(13) Flathead, Montana - The North Fork from the Canadian border

downstream to its confluence with the Middle Fork; the Middle Fork

from its headwaters to its confluence to the South Fork; and the

South Fork from its origin to the Hungry Horse Reservoir, as

generally depicted on the map entitled ''Proposed Flathead Wild and

Scenic River Boundary Location'' dated February 1976; to be

administered by agencies of the Departments of the Interior and

Agriculture as agreed upon by the Secretaries of such Departments

or as directed by the President. Action required to be taken under

subsection (b) of this section shall be taken within one year from

October 12, 1976. For the purposes of this river, there are

authorized to be appropriated not more than $6,719,000 for the

acquisition of lands and interests in lands. No funds authorized

to be appropriated pursuant to this paragraph shall be available

prior to October 1, 1977.

(14) Missouri, Montana - The segment from Fort Benton one hundred

and forty-nine miles downstream to Robinson Bridge, as generally

depicted on the boundary map entitled ''Missouri Breaks Freeflowing

River Proposal'', dated October 1975, to be administered by the

Secretary of the Interior. For the purposes of this river, there

are authorized to be appropriated not more than $1,800,000 for the

acquisition of lands and interests in lands. No funds authorized

to be appropriated pursuant to this paragraph shall be available

prior to October 1, 1977.

(15) Obed, Tennessee - The segment from the western edge of the

Catoosa Wildlife Management Area to the confluence with the Emory

River; Clear Creek from the Morgan County line to the confluence

with the Obed River, Daddys Creek from the Morgan County line to

the confluence with the Obed River; and the Emory River from the

confluence with the Obed River to the Nemo bridge as generally

depicted and classified on the stream classification map dated

December 1973. The Secretary of the Interior shall take such

action, with the participation of the State of Tennessee as is

provided for under subsection (b) of this section within one year

following October 12, 1976. The development plan required by such

subsection (b) shall include cooperative agreements between the

State of Tennessee acting through the Wildlife Resources Agency and

the Secretary of the Interior. Lands within the Wild and Scenic

River boundaries that are currently part of the Catoosa Wildlife

Management Area shall continue to be owned and managed by the

Tennessee Wildlife Resources Agency in such a way as to protect the

wildlife resources and primitive character of the area, and without

further development of roads, campsites, or associated recreational

facilities unless deemed necessary by that agency for wildlife

management practices. The Obed Wild and Scenic River shall be

managed by the Secretary of the Interior. For the purposes of

carrying out the provisions of this chapter with respect to this

river, there are authorized to be appropriated such sums as may be

necessary, but not to exceed $2,000,000 for the acquisition of

lands or interests in lands and not to exceed $400,000 for

development. No funds authorized to be appropriated pursuant to

this paragraph shall be available prior to October 1, 1977.

(16) Pere Marquette, Michigan - The segment downstream from the

junction of the Middle and Little South Branches to its junction

with United States 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 with State and local governments

and the interested public, the Secretary shall take such action as

is provided for under subsection (b) of this section with respect

to the segment referred to in this paragraph within one year from

November 10, 1978. Any development or management plan prepared

pursuant to subsection (b) of this section shall include (a)

provisions for the dissemination of information to river users and

(b) such regulations relating to the recreational and other uses of

the river as may be necessary in order to protect the area

comprising such river (including lands contiguous or adjacent

thereto) from damage or destruction by reason of overuse and to

protect its scenic, historic, esthetic and scientific values. Such

regulations shall further contain procedures and means which shall

be utilized in the enforcement of such development and management

plan. For the purposes of carrying out the provisions of this

chapter with respect to the river designated by this paragraph,

there are authorized to be appropriated not more than $8,125,000

for the acquisition of lands or interests in lands and $402,000 for

development. Notwithstanding any other provision of this chapter,

the installation and operation of facilities or other activities

within or outside the boundaries of the Pere Marquette Wild and

Scenic River for the control of the lamprey eel shall be permitted

subject to such restrictions and conditions as the Secretary of

Agriculture may prescribe for the protection of water quality and

other values of the river, including the wild and scenic

characteristics of the river.

(17) Rio Grande, Texas - The segment on the United States side of

the river from river mile 842.3 above Mariscal Canyon downstream to

river mile 651.1 at the Terrell-Val Verde County line; to be

administered by the Secretary of the Interior. The Secretary shall,

within two years after November 10, 1978, take such action with

respect to the segment referred to in this paragraph as is provided

for under subsection (b) of this section. The action required by

such subsection (b) shall be undertaken by the Secretary, after

consultation with the United States Commissioner, International

Boundary and Water Commission, United States and Mexico, and

appropriate officials of the State of Texas and its political

subdivisions. The development plan required by subsection (b) of

this section shall be construed to be a general management plan

only for the United States side of the river and such plan shall

include, but not be limited to, the establishment of a detailed

boundary which shall include an average of not more than 160 acres

per mile. Nothing in this chapter shall be construed to be in

conflict with -

(A) the commitments or agreements of the United States made by

or in pursuance of the treaty between the United States and

Mexico regarding the utilization of the Colorado and Tijuana

Rivers and of the Rio Grande, signed at Washington, February 1944

(59 Stat. 1219), or

(B) the treaty between the United States and Mexico regarding

maintenance of the Rio Grande and Colorado River as the

international boundary between the United States and Mexico,

signed November 23, 1970.

For purposes of carrying out the provisions of this chapter with

respect to the river designated by this paragraph, there are

authorized to be appropriated such sums as may be necessary, but

not more than $1,650,000 for the acquisition of lands and interests

in lands and not more than $1,800,000 for development.

(18) Skagit, Washington - The segment from the pipeline crossing

at Sedro-Woolley upstream to and including the mouth of Bacon

Creek; the Cascade 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; the Suiattle River from its mouth to

the boundary of the Glacier Peak Wilderness Area at Milk Creek; 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 Fork

of the Sauk to the boundary of the Glacier Peak Wilderness Area; as

generally depicted on the boundary map entitled ''Skagit River -

River Area Boundary''; all segments to be administered by the

Secretary of Agriculture. Riprapping related to natural channels

with natural rock along the shorelines of the Skagit segment to

preserve and protect agricultural land shall not be considered

inconsistent with the values for which such segment is designated.

After consultation with affected Federal agencies, State and local

government and the interested public, the Secretary shall take such

action as is provided for under subsection (b) of this section with

respect to the segments referred to in this paragraph within one

year from November 10, 1978; as part of such action, the Secretary

of Agriculture shall investigate that portion of the North Fork of

the Cascade River from its confluence with the South Fork to the

boundary of the North Cascades 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 System designated under this section

upon publication by the Secretary of notification to that effect in

the Federal Register. For the purposes of carrying out the

provisions of this chapter with respect to the river designated by

this paragraph there are authorized to be appropriated not more

than $11,734,000 for the acquisition of lands or interest in lands

and not more than $332,000 for development.

(19) Upper Delaware River, New York and Pennsylvania - The

segment of the Upper Delaware River from the confluence of the East

and West branches below Hancock, New York, to the existing railroad

bridge immediately downstream of Cherry Island in the vicinity of

Sparrow Bush, New York, as depicted on the boundary map entitled

''The Upper Delaware Scenic and Recreational River'', dated April

1978; to be administered by the Secretary of the Interior.

Subsection (b) of this section shall not apply, and the boundaries

and classifications of the river shall be as specified on the map

referred to in the preceding sentence, except to the extent that

such boundaries or classifications are modified pursuant to section

704(c) of the National Parks and Recreation Act of 1978. Such

boundaries and classifications shall be published in the Federal

Register and shall not become effective until ninety days after

they have been forwarded to the Committee on Natural Resources of

the United States House of Representatives and the Committee on

Energy and Natural Resources of the United States Senate. For

purposes of carrying out the provisions of this chapter with

respect to the river designated by this paragraph there are

authorized to be appropriated such sums as may be necessary.

(20) Delaware, New York, Pennsylvania, and New Jersey - The

segment from the point where the river crosses the northern

boundary of the Delaware Water Gap National Recreation Area to the

point where the river crosses the southern boundary of such

recreation area; to be administered by the Secretary of the

Interior. For purposes of carrying out this chapter with respect to

the river designated by this paragraph, there are authorized to be

appropriated such sums as may be necessary. Action required to be

taken under subsection (b) of this section with respect to such

segment shall be taken within one year from November 10, 1978,

except that, with respect to such segment, in lieu of the

boundaries provided for in such subsection (b), the boundaries

shall be the banks of the river. Any visitors facilities

established for purposes of use and enjoyment of the river under

the authority of the Act establishing the Delaware Water Gap

National Recreation Area (16 U.S.C. 460o et seq.) shall be

compatible with the purposes of this chapter and shall be located

at an appropriate distance from the river.

(21) American, California - The North Fork from a point 0.3 mile

above Heath Springs downstream to a point approximately 1,000 feet

upstream of the Colfax-Iowa Hill Bridge, including the Gold Run

Addition Area, as generally depicted on the map entitled ''Proposed

Boundary Maps'' contained in Appendix I of the document dated

January 1978 and entitled ''A Proposal: North Fork American Wild

and Scenic River'' published by the United States Forest Service,

Department of Agriculture; to be designated as a wild river and to

be administered by agencies of the Departments of Interior and

Agriculture as agreed upon by the Secretaries of such Departments

or as directed by the President. Action required to be taken under

subsection (b) shall be taken within one year after November 10,

1978; in applying such subsection (b) in the case of the Gold Run

Addition Area, the acreage limitation specified therein shall not

apply and in applying section 1277(g)(3) of this title, January 1,

1977 shall be substituted for January 1, 1967. For purposes of

carrying out the provisions of this chapter with respect to the

river designated by this paragraph, there are authorized to be

appropriated not more than $850,000 for the acquisition of lands

and interests in land and not more than $765,000 for development.

(22) Missouri River, Nebraska, South Dakota - The segment from

Gavins Point Dam, South Dakota, fifty-nine miles downstream to

Ponca State Park, Nebraska, as generally depicted in the document

entitled ''Review Report for Water Resources Development, South

Dakota, Nebraska, North Dakota, Montana'', prepared by the Division

Engineer, Missouri River Division, Corps of Engineers, dated August

1977 (hereinafter in this paragraph referred to as the ''August

1977 Report''). Such segment shall be administered as a

recreational river by the Secretary. The Secretary shall enter into

a written cooperative agreement with the Secretary of the Army

(acting through the Chief of Engineers) for construction and

maintenance of bank stabilization work and appropriate recreational

development. After public notice and consultation with the State

and local governments, other interested organizations and

associations, and the interested public, the Secretary shall take

such action as is required pursuant to subsection (b) of this

section within one year from November 10, 1978. In administering

such river, the Secretary shall, to the extent, and in a manner,

consistent with this section -

(A) provide (i) for the construction by the United States of

such recreation river features and streambank stabilization

structures as the Secretary of the Army (acting through the Chief

of Engineers) deems necessary and advisable in connection with

the segment designated by this paragraph, and (ii) for the

operation and maintenance of all streambank stabilization

structures constructed in connection with such segment (including

both structures constructed before November 10, 1978, and

structures constructed after such date, and including both

structures constructed under the authority of this section and

structures constructed under the authority of any other Act); and

(B) permit access for such pumping and associated pipelines as

may be necessary to assure an adequate supply of water for owners

of land adjacent to such segment and for fish, wildlife, and

recreational uses outside the 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 sites as are specified with respect to such segment on

pages 62 and 63 of the August 1977 Report, except that sites for

such structures may be relocated to the extent deemed necessary by

the Secretary of the Army (acting through the Chief of Engineers)

by reason of physical changes in the river or river area. The

Secretary of the Army (acting through the Chief of Engineers) shall

condition the construction or maintenance of any streambank

stabilization structure or of any recreational river feature at any

site under subparagraph (A)(i) upon the availability to the United

States of such land and interests in land in such ownership as he

deems necessary to carry out such construction or maintenance and

to protect and enhance the river in accordance with the purposes of

this chapter. Administration of the river segment designated by

this paragraph shall be in coordination with, and pursuant to the

advice of a Recreational River Advisory Group which shall be

established by the Secretary. Such Group may include in its

membership, representatives of the affected States and political

subdivisions thereof, affected Federal agencies, and such organized

private groups as the Secretary deems desirable. Notwithstanding

the authority to the contrary contained in section 1277(a) of this

title, no land or interests in land may be acquired without the

consent of the owner: Provided, That not to exceed 5 per centum of

the acreage within the designated river boundaries may be acquired

in less than fee title without the consent of the owner, in such

instance of the Secretary's determination that activities are

occurring, or threatening to occur thereon which constitute serious

damage or threat to the integrity of the river corridor, in

accordance with the values for which this river was designated.

For purposes of carrying out the provisions of this chapter with

respect to the river designated by this paragraph, there are

authorized to be appropriated not to exceed $21,000,000, for

acquisition of lands and interests in lands and for development.

(23) Saint Joe, Idaho - The segment above the confluence of the

North Fork of the Saint Joe River to Spruce Tree Campground, as a

recreational river; the segment above Spruce Tree Campground to

Saint Joe Lake, as a wild river, as generally depicted on the map

entitled ''Saint Joe River Corridor Map'' on file with the Chief of

the Forest Service and dated September 1978; to be administered by

the Secretary of Agriculture. Notwithstanding any other provision

of law, the classification of the Saint Joe River under this

paragraph and the subsequent development plan for the river

prepared by the Secretary of Agriculture shall at no time interfere

with or restrict the maintenance, use, or access to existing or

future roads within the adjacent lands nor interfere with or

restrict present use of or future construction of bridges across

that portion of the Saint Joe designated as a ''recreational

river'' under this paragraph. Dredge or placer mining shall be

prohibited within the banks or beds of the main stem of the Saint

Joe and its tributary streams in their entirety above the

confluence of the main stem with the North Fork of the river.

Nothing in this chapter shall be deemed to prohibit the removal of

sand and gravel above the high water mark of the Saint Joe River

and its tributaries within the river corridor by or under the

authority of any public body or its agents for the purposes of

construction or maintenance of roads. The Secretary shall take

such action as is required under subsection (b) of this section

within one year from November 10, 1978. For the purposes of this

river, there are authorized to be appropriated not more than

$1,000,000 for the acquisition of lands or interest in lands.

(24) Salmon, Idaho - (A) The segment of the main river from the

mouth of the North Fork of the Salmon River downstream to Long Tom

Bar in the following classes:

(i) the forty-six-mile segment from the mouth of the North Fork

of the Salmon River to Corn Creek as a recreational river; and

(ii) the seventy-nine-mile segment from Corn Creek to Long Tom

Bar as a wild river; all as generally depicted on a map entitled

''Salmon River'' dated November 1979, which is on file and

available for public inspection in the Office of the Chief,

Forest Service, United States Department of Agriculture.

(B) This segment shall be administered by the Secretary of

Agriculture: Provided, That after consultation with State and local

governments and the interested public, the Secretary shall take

such action as is required by subsection (b) of this section within

one year from July 23, 1980.

(C) The use of motorboats (including motorized jetboats) within

this segment of the Salmon River shall be permitted to continue at

a level not less than the level of use which occurred during

calendar year 1978,

(D) Subject to existing rights of the State of Idaho, including

the right of access, with respect to the beds of navigable streams,

tributaries or rivers, dredge and placer mining in any form

including any use of machinery for the removal of sand and gravel

for mining purposes shall be prohibited within the segment of the

Salmon River designated as a component of the Wild and Scenic

Rivers System by this paragraph; within the fifty-three-mile

segment of the Salmon River from Hammer Creek downstream to the

confluence of the Snake River; and within the Middle Fork of the

Salmon River; and its tributary streams in their entirety:

Provided, That nothing in this paragraph shall be deemed to

prohibit the removal of sand and gravel, outside the boundaries of

the Frank Church - River of No Return Wilderness or the Gospel-Hump

Wilderness, above the high water mark of the Salmon River or the

Middle Fork and its tributaries for the purposes of construction or

maintenance of public roads; Provided further, That this paragraph

shall not apply to any written mineral leases approved by the Board

of Land Commissioners of the State of Idaho prior to January 1,

1980.

(E) The provisions of section 1278(a) of this title with respect

to the licensing of dams, water conduits, reservoirs, powerhouses,

transmission lines or other project works, shall apply to the

fifty-three-mile segment of the Salmon River from Hammer Creek

downstream to the confluence of the Snake River.

(F) For the purposes of the segment of the Salmon River

designated as a component of the Wild and Scenic Rivers System by

this paragraph, there is hereby authorized to be appropriated from

the Land and Water Conservation Fund, after October 1, 1980, not

more than $6,200,000 for the acquisition of lands and interests in

lands.

(25) Alagnak, Alaska - That segment of the main stem and the

major tributary to the Alagnak, the Nonvianuk River, within Katmai

National Preserve; to be administered by the Secretary of the

Interior.

(26) Alatna, Alaska - The main stem within the Gates of the

Arctic National Park; to be administered by the Secretary of the

Interior.

(27) Aniakchak, Alaska - That portion of the river, including its

major tributaries, Hidden Creek, Mystery Creek, Albert Johnson

Creek, and North Fork Aniakchak River, within the Aniakchak

National Monument and National Preserve; to be administered by the

Secretary of the Interior.

(28) Charley, Alaska - The entire river, including its major

tributaries, Copper Creek, Bonanza Creek, Hosford Creek, Derwent

Creek, Flat-Orthmer Creek, Crescent Creek, and Moraine Creek,

within the Yukon-Charley Rivers National Preserve; to be

administered by the Secretary of the Interior.

(29) Chilikadrotna, Alaska - That portion of the river within the

Lake Clark National Park and Preserve; to be administered by the

Secretary of the Interior.

(30) John, Alaska - That portion within the Gates of the Arctic

National Park; to be administered by the Secretary of the Interior.

(31) Kobuk, Alaska - That portion within the Gates of the Arctic

National Park and Preserve; to be administered by the Secretary of

the Interior.

(32) Mulchatna, Alaska - That portion within the Lake Clark

National Park and Preserve; to be administered by the Secretary of

the Interior.

(33) Noatak, Alaska - The river from its source in the Gates of

the Arctic National Park to its confluence with the Kelly River in

the Noatak National Preserve; to be administered by the Secretary

of the Interior.

(34) North Fork of the Koyukuk, Alaska - That portion within the

Gates of the Arctic National Park; to be administered by the

Secretary of the Interior.

(35) Salmon, Alaska - That portion within the Kobuk Valley

National Park; to be administered by the Secretary of the Interior.

(36) Tinayguk, Alaska - That portion within the Gates of the

Arctic National Park; to be administered by the Secretary of the

Interior.

(37) Tlikakila, Alaska - That portion within the Lake Clark

National Park; to be administered by the Secretary of the Interior.

(38) Andreafsky, Alaska - That portion from its source, including

all headwaters, and the East Fork, within the boundary of the Yukon

Delta National Wildlife Refuge; to be administered by the Secretary

of the Interior.

(39) Ivishak, Alaska - That portion from its source, including

all headwaters and an unnamed tributary from Porcupine Lake within

the boundary of the Arctic National Wildlife Range; to be

administered by the Secretary of the Interior.

(40) Nowitna, Alaska - That portion from the point where the

river crosses the west limit of township 18 south, range 22 east,

Kateel River meridian, to its confluence with the Yukon River

within the boundaries of the Nowitna National Wildlife Refuge; to

be administered by the Secretary of the Interior.

(41) Selawik, Alaska - That portion from a fork of the headwaters

in township 12 north, range 10 east, Kateel River meridian to the

confluence of the Kugarak River; within the Selawik National

Wildlife Refuge to be administered by the Secretary of the

Interior.

(42) Sheenjek, Alaska - The segment within the Arctic National

Wildlife Refuge; to be administered by the Secretary of the

Interior.

(43) Wind, Alaska - That portion from its source, including all

headwaters and one unnamed tributary in township 13 south, within

the boundaries of the Arctic National Wildlife Refuge; to be

administered by the Secretary of the Interior.

(44) Alagnak, Alaska - Those segments or portions of the main

stem and Nonvianuk tributary lying outside and westward of the

Katmia National Park/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 the

vicinity of the confluence of the Bear and Champion Creeks

downstream to 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 the Secretary of the Interior.

(46) Birch Creek, Alaska - The segment of the main stem from the

south side of Steese Highway in township 7 north, range 10 east,

Fairbanks meridian, downstream to the south side of the Steese

Highway in township 10 north, range 16 east; to be administered by

the Secretary of the Interior.

(47) Delta, Alaska - The segment from and including all of the

Tangle Lakes to a point one-half mile north of Black Rapids; to be

administered by the Secretary of the Interior.

(48) Fortymile, Alaska - The main stem within the State of

Alaska; O'Brien Creek; South Fork; Napoleon Creek, Franklin Creek,

Uhler Creek, Walker Fork downstream from the confluence of Liberty

Creek; Wade Creek; Mosquito Fork downstream from the vicinity of

Kechumstuk; West Fork Dennison Fork downstream from the confluence

of Logging Cabin Creek; Dennison Fork downstream from the

confluence of West Fork Dennison Fork: Logging Cabin Creek; North

Fork; Hutchison Creek; Champion Creek; 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

Lake in township 12 north, range 2 west, Copper River meridian to

the confluence with Sourdough Creek; the south branch of the west

fork from the outlet of an unnamed lake in sections 10 and 15,

township 10 north, range 7 west, Copper River meridian to the

confluence with the west fork; the north branch from the outlet of

two unnamed lakes, one in sections 24 and 25, the second in

sections 9 and 10, township 11 north, range 8 west, Copper River

meridian to the confluence with the west fork; the west fork from

its confluence with the north and south branches downstream to its

confluence with the main stem; the middle fork from the outlet of

Dickey Lake in township 13 north, range 5 west, Copper River

meridian to the confluence with the main stem; to be classified as

a wild river area and to be administered by the Secretary of the

Interior.

(50) Unalakleet, Alaska - The segment of the main stem from the

headwaters in township 12 south, range 3 west, Kateel River

meridian extending downstream approximately 65 miles to the western

boundary of township 18 south, range 8 west; to be administered by

the Secretary of the Interior.

(51) Verde, Arizona - The segment from the boundary between

national forest and private land in sections 26 and 27, township 13

north, range 5 east, Gila Salt River meridian, downstream to the

confluence with Red Creek, as generally depicted on a map entitled

''Verde River - Wild and Scenic River'', dated March 1984, which is

on file and available for public inspection in the Office of the

Chief, Forest Service, United States Department of Agriculture; to

be administered by the Secretary of Agriculture. This designation

shall not prevent water users receiving Central Arizona Project

water allocations from diverting that water through an exchange

agreement with downstream water users in accordance with Arizona

water law. After consultation with State and local governments and

the interested public and within two years after August 28, 1984,

the Secretary shall take such action as is required under

subsection (b) of this section.

(52) Au Sable, Michigan - The segment of the main stem from the

project boundary of the Mio Pond project downstream to the project

boundary at Alcona Pond project as generally depicted on a map

entitled ''Au Sable River'' which is on file and available for

public inspection in the Office of the Chief, Forest Service,

United States Department of Agriculture; to be administered by the

Secretary of Agriculture.

(53) Tuolumne, California - The main river from its sources on

Mount Dana and Mount Lyell in Yosemite National Park to Don Pedro

Reservoir consisting of approximately 83 miles as generally

depicted on the proposed boundary map entitled ''Alternative A''

contained in the Draft Tuolumne Wild and Scenic River Study and

Environmental Impact Statement published by the United States

Department of the Interior and Department of Agriculture in May

1979; to be administered by the Secretary of the Interior and the

Secretary of Agriculture. After consultation with State and local

governments and the interested public and within two years from

September 28, 1984, the Secretary shall take such action as is

required under subsection (b) of this section. Nothing in this

chapter shall preclude the licensing, development, operation, or

maintenance of water resources facilities on those portions of the

North Fork, Middle Fork or South Fork of the Tuolumne or Clavey

Rivers that are outside the boundary of the wild and scenic river

area as designated in this section. Nothing in this section is

intended or shall be construed to affect any rights, obligations,

privileges, or benefits granted under any prior authority of law

including chapter 4 of the Act of December 19, 1913, commonly

referred to as the Raker Act (38 Stat. 242) and including any

agreement or administrative ruling entered into or made effective

before September 28, 1984. For fiscal years commencing after

September 30, 1985, there are authorized to be appropriated such

sums as may be necessary to implement the provisions of this

subsection.

(54) Illinois, Oregon: The segment from the boundary of the

Siskiyou National Forest downstream to its confluence with the

Rogue River as generally depicted on a map entitled ''Illinois

River Study'' and is also part of a report entitled ''A Proposal:

Illinois Wild and Scenic River''; to be administered by the

Secretary of Agriculture. After consultation with State and local

governments and the interested public, the Secretary shall take

such action as is required under subsection (b) of this section

within one year from October 19, 1984. For the purposes of this

chapter with respect to the river designated by this paragraph,

effective October 1, 1984, there are authorized to be appropriated

such sums as necessary for the acquisition of lands or interests in

lands, and such sums as necessary for development.

(55) Owyhee, Oregon: The South Fork from the Idaho-Oregon State

line downstream to Three Forks; the Owyhee River from Three Forks

downstream to China Gulch; and the Owyhee River downstream from

Crooked Creek to the Owyhee Reservoir as generally depicted on a

map entitled ''Owyhee, Oregon'' dated April 1984; all three

segments to be administered as a wild river by the Secretary of the

Interior. After consultation with State and local governments and

the interested public, the Secretary shall take such appropriate

action as is required under subsection (b) of this section within

one year from October 19, 1984. For the purposes of this chapter

with respect to the river designated by this paragraph, effective

October 1, 1984, there are authorized to be appropriated such sums

as necessary for the acquisition of lands or interests and such

sums as necessary for development.

(56) Horsepasture, North Carolina - The segment from Bohaynee

Road (N.C. 281) downstream approximately 4.25 miles to where the

segment ends at Lake Jocassee, to be administered by the Secretary

of Agriculture. Notwithstanding any limitation of section 1277 of

this title, the Secretary is authorized to utilize the authority of

this chapter and those pertaining to the National Forests to

acquire by purchase with donated or appropriated funds, donation,

exchange or otherwise, such non-Federal lands or interests in lands

within, near, or adjacent to the designated segments of the river

which the Secretary determines will protect or enhance the scenic

and natural values of the river.

(57) Cache la Poudre, Colorado - The following segments as

generally depicted on the proposed boundary map numbered FS-56 and

dated March 1986, published by the United States Department of

Agriculture, each to be administered by the Secretary of

Agriculture; except that those portions of the segments so

designated which are within the boundary of Rocky Mountain National

Park shall continue to be administered by the Secretary of the

Interior:

(A) Beginning at Poudre Lake downstream to the confluence of

Joe Wright Creek, as a wild river. This segment to be designated

the ''Peter H. Dominick Wild River Area''.

(B) Downstream from the confluence of Joe Wright Creek to a

point where the river intersects the easterly north-south line of

the west half southwest quarter of section 1, township 8 north,

range 71 west of the sixth principal meridian, as a recreational

river.

(C) South Fork of the Cache la Poudre River from its source to

the Commanche (FOOTNOTE 1) Peak Wilderness Boundary,

approximately four miles, as a wild river.

(FOOTNOTE 1) So in original. Probably should be ''Comanche''.

(D) Beginning at the Commanche (FOOTNOTE 1) Peak Wilderness

Boundary to a point on the South Fork of the Cache la Poudre

River in section 1, township 7 north, range 73 west of the sixth

principal meridian, at elevation 8050 mean sea level, as a

recreational river.

(E) South Fork of the Cache la Poudre River from its

intersection with the easterly section line of section 30,

township 8 north, range 72 west of the sixth principal meridian,

to confluence of the main stem of the Cache la Poudre River, as a

wild river.

With respect to the portions of the river segments designated by

this paragraph which are within the boundaries of Rocky Mountain

National Park, the requirements of subsection (b) of this section

shall be fulfilled by the Secretary of the Interior through

appropriate revisions to the general management plan for the park,

and the boundaries, classification, and development plans for such

portions need not be published in the Federal Register. Such

revisions to the general management plan for the park shall assure

that no development or use of parklands shall be undertaken that is

inconsistent with the designation of such river segments as a wild

river. For the purposes of the segments designated by this

paragraph, there are authorized to be appropriated $500,000 for

development and $2,500,000 for land acquisition.

(58) Saline Bayou, Louisiana - The segment from Saline Lake

upstream to the Kisatchie National Forest, as generally depicted on

the Proposed Boundary Map, numbered FS-57, and dated March 1986; to

be administered by the Secretary of Agriculture. For the purposes

of the segment designated by this paragraph, there are authorized

to be appropriated for fiscal years commencing after September 30,

1986, not to exceed $1,000,000 for the acquisition of lands and

interests in lands and for development.

(59) Black Creek, Mississippi - The segment from Fairley Bridge

Landing upstream to Moody's Landing as generally depicted on a map

entitled ''Black Creek Wild and Scenic River'', numbered FS-58 and

dated March 1986, to be administered by the Secretary of

Agriculture as a scenic river area under section 1273(b)(2) of this

title. For the purposes of the segment designated by this

paragraph, there are authorized to be appropriated up to $300,000

for the acquisition of lands and interests in lands and for

development.

(60) Klickitat, Washington: The segment from its confluence with

Wheeler Creek, Washington, near the town of Pitt, Washington, to

its confluence with the Columbia River; to be classified as a

recreation river and to be administered by the Secretary of

Agriculture. The boundaries of the designated portions of the

Klickitat River shall be as generally depicted on a map dated

November, 1987, and entitled ''Klickitat National Recreation River,

River Management Area: Final Boundary'', which is on file in the

office of the Chief, Forest Service, Washington, District of

Columbia.

(61) White Salmon, Washington: The segment from its confluence

with Gilmer Creek, Washington, near the town of B Z Corner,

Washington, to its confluence with Buck Creek, Washington; to be

classified as a scenic river and to be administered by the

Secretary of Agriculture.

(62) Merced, California. - (A) The main stem from its sources

(including Red Peak Fork, Merced Peak Fork, Triple Peak Fork, and

Lyell Fork) on the south side of Mount Lyell in Yosemite National

Park to a point 300 feet upstream of the confluence with Bear

Creek, consisting of approximately 71 miles, and the South Fork of

the river from its source near Triple Divide Peak in Yosemite

National Park to the confluence with the main stem, consisting of

approximately 43 miles, both as generally depicted on the map

entitled ''Merced River Wild and Scenic Rivers - Proposed'', dated

June 1987, to be administered by the Secretary of Agriculture and

the Secretary of the Interior. With respect to the portions of the

river designated by this subparagraph which are within the

boundaries of Yosemite National Park, and the El Portal

Administrative Unit, the requirements of subsection (b) of this

section shall be fulfilled by the Secretary of the Interior through

appropriate revisions to the general management plan for the park,

and the boundaries, classification, and development plans for such

portions need not be published in the Federal Register. Such

revisions to the general management plan for the park shall assure

that no development or use of park lands shall be undertaken that

is inconsistent with the designation of such river segments. There

are authorized to be appropriated such sums as may be necessary to

carry out the purposes of this subparagraph, except that no more

than $235,000 may be appropriated to the Secretary of Agriculture

for the acquisition of lands and interests in lands.

(B)(i) The main stem from a point 300 feet upstream of the

confluence with Bear Creek downstream to the normal maximum

operating pool water surface level of Lake McClure (elevation 867

feet mean sea level) consisting of approximately 8 miles, as

generally depicted on the map entitled ''Merced Wild and Scenic

River'', dated April, 1990. The Secretary of the Interior shall

administer the segment as recreational, from a point 300 feet

upstream of the confluence with Bear Creek downstream to a point

300 feet west of the boundary of the Mountain King Mine, and as

wild, from a point 300 feet west of the boundary of the Mountain

King Mine to the normal maximum operating pool water surface level

of Lake McClure. The requirements of subsection (b) of this section

shall be fulfilled by the Secretary of the Interior through

appropriate revisions to the Sierra Management Framework Plan for

the Sierra Planning Area of the Folsom Resource Area, Bakersfield

District, Bureau of Land Management. There are authorized to be

appropriated such sums as may be necessary to carry out the

purposes of this subparagraph.

(ii) To the extent permitted by, and in a manner consistent with

section 1278 of this title, and in accordance with other applicable

law, the Secretary of the Interior shall permit the construction

and operation of such pumping facilities and associated pipelines

as identified in the Bureau of Land Management right-of-way

application CACA 26084, filed by the Mariposa County Water Agency

on November 7, 1989, and known as the ''Saxon Creek Project'', to

assure an adequate supply of water from the Merced River to

Mariposa County.

(C) With respect to the segments of the main stem of the Merced

River and the South Fork Merced River designated as recreational or

scenic pursuant to this paragraph or by the appropriate agency

pursuant to subsection (b) of this section, the minerals to

(FOOTNOTE 2) Federal lands which constitute the bed or bank or are

situated within one-quarter mile of the bank are hereby withdrawn,

subject to valid existing rights, from all forms of appropriation

under the mining laws and from operation of the mineral leasing

laws including, in both cases, amendments thereto.

(FOOTNOTE 2) So in original. Probably should be ''on''.

(63) Kings, California. - The Middle Fork of the Kings River from

its headwaters at Lake Helen between Muir Pass and Black Giant

Mountain to its confluence with the main stem; the South Fork,

Kings River from its headwaters at Lake 11599 to its confluence

with the main stem; and the main stem of the Kings River from the

confluence of the Middle Fork and the South Fork to the point at

elevation 1,595 feet above mean sea level. The segments within the

Kings Canyon National Park shall be administered by the Secretary

of the Interior. The remaining segments shall be administered by

the Secretary of Agriculture. After consultation with State and

local governments and the interested public and within one year

after November 3, 1987, the respective Secretaries shall take such

action as is required under subsection (b) of this section. In the

case of the segments of the river administered by the Secretary of

the Interior, the requirements of subsection (b) of this section

shall be fulfilled through appropriate revisions to the general

management plan for Kings Canyon National Park, and the boundaries,

classification, and development plans for such segments need not be

published in the Federal Register. Such revisions to the general

management plan for the park shall assure that no development or

use of park lands shall be undertaken that is inconsistent with the

designation of the river under this paragraph. For the purposes of

the segments designated by this paragraph, there are authorized to

be appropriated such sums as may be necessary, but not to exceed

$250,000, to the Secretary of Agriculture for development and land

acquisition.

(64)(A) North Fork Kern River, California. - The segment of the

main stem from the Tulare-Kern County line to its headwaters in

Sequoia National Park, as generally depicted on a map entitled

''Kern River Wild and Scenic River - Proposed'' and dated June,

1987; to be administered by the Secretary of Agriculture; except

that portion of the river within the boundaries of the Sequoia

National Park shall be administered by the Secretary of the

Interior. With respect to the portion of the river segment

designated by this paragraph which is within the boundaries of

Sequoia National Park, the requirements of subsection (b) of this

section shall be fulfilled by the Secretary of the Interior through

appropriate revisions to the general management plan for the park,

and the boundaries, classification, and development plans for such

portion need not be published in the Federal Register. Such

revision to the general management plan for the park shall assure

that no developments or use of park lands shall be undertaken that

is inconsistent with the designation of such river segment.

(B) South Fork Kern River, California. - The segment from its

headwaters in the Inyo National Forest to the southern boundary of

the Domelands Wilderness in the Sequoia National Forest, as

generally depicted on a map entitled ''Kern River Wild and Scenic

River - Proposed'' and dated June 1987; to be administered by the

Secretary of Agriculture.

(C) Nothing in this chapter shall affect the continued operation

and maintenance of the existing diversion project, owned by

Southern California Edison on the North Fork of the Kern River,

including reconstruction or replacement of facilities to the same

extent as existed on November 24, 1987.

(D) For the purposes of the segments designated by this

paragraph, there are authorized to be appropriated such sums as may

be necessary, but not to exceed $100,000, to the Secretary of

Agriculture for development and land acquisition.

(65) Bluestone, West Virginia. - The segment in Mercer and

Summers Counties, West Virginia, from a point approximately two

miles upstream of the Summers and Mercer County line down to the

maximum summer pool elevation (one thousand four hundred and ten

feet above mean sea level) of Bluestone Lake as depicted on the

boundary map entitled ''Bluestone Wild and Scenic River'', numbered

BLUE-80,005, dated May 1996; to be administered by the Secretary of

the Interior as a scenic river. In carrying out the requirements

of subsection (b) of this section, the Secretary shall consult with

State and local governments and the interested public. The

Secretary shall not be required to establish detailed boundaries of

the river as provided under subsection (b) of this section.

Nothing in this chapter shall preclude the improvement of any

existing road or right-of-way within the boundaries of the segment

designated under this paragraph. Jurisdiction over all lands and

improvements on such lands owned by the United States within the

boundaries of the segment designated under this paragraph is hereby

transferred without reimbursement to the administrative

jurisdiction of the Secretary of the Interior, subject to leases in

effect on October 26, 1988 (or renewed thereafter) between the

United States and the State of West Virginia with respect to the

Bluestone State Park and the Bluestone Public Hunting and Fishing

Area. Nothing in this chapter shall affect the management by the

State of hunting and fishing within the segment designated under

this paragraph. Nothing in this chapter shall affect or impair the

management by the State of West Virginia of other wildlife

activities in the Bluestone Public Hunting and Fishing Area to the

extent permitted in the lease agreement as in effect on October 26,

1988, and such management may be continued pursuant to renewal of

such lease agreement. If requested to do so by the State of West

Virginia, the Secretary may terminate such leases and assume

administrative authority over the areas concerned. Nothing in the

designation of the segment referred to in this paragraph shall

affect or impair the management of the Bluestone project or the

authority of any department, agency, or instrumentality of the

United States to carry out the project purposes of that project as

of October 26, 1988. Nothing in this chapter shall be construed to

affect the continuation of studies relating to such project which

were commenced before October 26, 1988. In order to provide

reasonable public access and vehicle parking for public use and

enjoyment of the river designated by this paragraph, consistent

with the preservation and enhancement of the natural and scenic

values of such river, the Secretary may, with the consent of the

owner thereof, negotiate a memorandum of understanding or

cooperative agreement, or acquire not more than 10 acres of lands

or interests in such lands, or both, as may be necessary to allow

public access to the Bluestone River and to provide, outside the

boundary of the scenic river, parking and related facilities in the

vicinity of the area known as Eads Mill.

(66)(A) Sipsey Fork of the West Fork, Alabama. - Segments of the

Sipsey Fork and several tributaries; to be administered by the

Secretary of Agriculture in the classifications indicated, as

follows:

(1) Sipsey Fork from the confluence of Sandy Creek upstream to

Forest Highway 26, as a scenic river; and

(2) Sipsey Fork from Forest Highway 26 upstream to it origin at

the confluence of Thompson Creek and Hubbard Creek, as a wild

river; and

(3) Hubbard Creek from its confluence with Thompson Creek

upstream to Forest Road 210, as a wild river; and

(4) Thompson Creek from its confluence with Hubbard Creek

upstream to its origin in section 4, township 8 south, range 9

west, as a wild river; and

(5) Tedford Creek from its confluence with Thompson Creek

upstream to section 17, township 8 south, range 9 west, as a wild

river; and

(6) Mattox Creek from it confluence with Thompson Creek

upstream to section 36 of township 7 south, range 9 west, as a

wild river; and

(7) Borden Creek from its confluence with the Sipsey Fork

upstream to Forest Road 208, as a wild river; and

(8) Borden Creek from Forest Road 208 upstream to its

confluence with Montgomery Creek, as a scenic river; and

(9) Montgomery Creek from its confluence with Borden Creek

upstream to the southwest quarter of the southwest quarter of

section 36, township 7 south, range 8 west, as a scenic river;

and

(10) Flannigan Creek from its confluence with Borden Creek

upstream to Forest Road 208, as a wild river; and

(11) Flannigan Creek from Forest Road 208 upstream to section

4, township 8 south, range 8 west, as a scenic river; and

(12) Braziel Creek from its confluence with Borden Creek

upstream to section 12, township 8 south, range 9 west, as a wild

river; and

(13) Hogood Creek from its confluence with Braziel Creek

upstream to the confluence with an unnamed tributary in section

7, township 8 south, range 8 west, as a wild river.

(B) A map entitled ''Sipsey Fork of the West Fork Wild and Scenic

River'', generally depicting the Sipsey Fork and the tributaries,

shall be on file and remain available for public inspections in the

office of the Chief of the Forest Service, Department of

Agriculture.

(67) Wildcat River, New Hampshire. - (A) A 14.51 mile segment

including the following tributaries: Wildcat Brook, Bog Brook, and

Great Brook (all as generally depicted on a map entitled ''Wildcat

River'', dated October 1987) to be administered as follows: those

segments of the Wildcat River and its tributaries located within

the boundary of the White Mountain National Forest (hereinafter in

this paragraph referred to as ''the forest'') shall be administered

by the Secretary of Agriculture (hereinafter in this paragraph

referred to as the ''Secretary''); those segments located outside

the boundary of the forest shall be administered by the Secretary

through a cooperative agreement with the Board of Selectmen of the

town of Jackson and the State of New Hampshire pursuant to section

1281(e) of this title. Such agreement shall provide for the

long-term protection, preservation, and enhancement of the river

segments located outside the boundary of the forest and shall be

consistent with the comprehensive management plan to be prepared by

the Secretary pursuant to subsection (d) of this section and with

the July 1987 River Conservation Plan prepared by the Wildcat Brook

Advisory Committee in conjunction with the National Park Service.

(B)(i) To assist in the implementation of this paragraph, the

Secretary shall establish, within 3 months after October 28, 1988,

a Wildcat River Advisory Commission (hereinafter in this paragraph

referred to as the ''Commission'').

(ii) The Commission shall be composed of 7 members appointed by

the Secretary as follows: one member from recommendations submitted

by the Governor of the State of New Hampshire; 4 members from

recommendations submitted by the Jackson Board of Selectmen, of

which at least 2 members shall be riparian property owners, and at

least one member shall be on the Board of Selectmen; one member

from recommendations submitted by the Jackson Conservation

Commission; and one member selected by the Secretary. Members of

the Commission shall be appointed for terms of 3 years. A vacancy

in the Commission shall be filled in the manner in which the

original appointment was made. Any member appointed to fill a

vacancy occurring before the expiration of the term for which his

predecessor was appointed shall be appointed only for the remainder

of such term. Any member of the Commission appointed for a

definite term may serve after the expiration of his term until his

successor is appointed. The Commission shall designate one of its

members as Chairman.

(iii) The Commission shall meet on a regular basis. Notice of

meetings and agenda shall be published in local newspapers which

have a distribution which generally covers the area affected by the

designation of the segments described in this paragraph.

Commission meetings shall be held at locations and in such a manner

as to ensure adequate public involvement.

(iv) Members of the Commission shall serve without compensation

as such, but the Secretary may pay expenses reasonably incurred in

carrying out their responsibilities under this paragraph on

vouchers signed by the Chairman.

(v) Four members of the Commission shall constitute a quorum but

a lesser number may hold hearings.

(vi) The Commission shall cease to exist on the date 10 years

after October 28, 1988.

(vii) The provisions of section 14(b) of the Federal Advisory

Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby

waived with respect to the Commission.

(C) The authority of the Secretary to acquire lands outside the

boundary of the White Mountain National Forest for purposes of this

paragraph shall be limited to acquisition by donation or

acquisition with the consent of the owner thereof. The Secretary

may also acquire scenic easements for purposes of this paragraph as

provided in section 1277 of this title.

(D) There are hereby authorized to be appropriated such sums as

may be necessary to carry out the purposes of this paragraph.

(68) Big Marsh Creek, Oregon. - The 15-mile segment from the

northeast quarter of section 15, township 26 south, range 6 east,

to its confluence with Crescent Creek in the northeast quarter of

section 20, township 24 south, range 7 east, as a recreational

river; to be administered by the Secretary of Agriculture:

Provided, That nothing in this chapter shall prohibit the Secretary

from undertaking construction activities to enhance and restore

wetland resources associated with Big Marsh Creek.

(69) Chetco, Oregon. - The 44.5-mile segment from its headwaters

to the Siskiyou National Forest boundary; to be administered by the

Secretary of Agriculture in the following classes:

(A) The 25.5-mile segment from its headwaters to Boulder Creek

at the Kalmiopsis Wilderness boundary as a wild river;

(B) the 8-mile segment from Boulder Creek to Steel Bridge as a

scenic river; and

(C) the 11-mile segment from Steel Bridge to the Siskiyou

National Forest boundary, one mile below Wilson Creek, as a

recreational river.

(70) Clackamas, Oregon. - The 47-mile segment from Big Springs to

Big Cliff; to be administered by the Secretary of Agriculture in

the following classes:

(A) The 4-mile segment from Big Springs to the Forest Service

Road 4690 bridge as a scenic river;

(B) the 3.5-mile segment from the Forest Service Road 4690

bridge to the junction with Oregon State Highway 224 as a

recreational river;

(C) the 10.5-mile segment from Oregon State Highway 224 to the

June Creek Bridge as a scenic river;

(D) the 9-mile segment from June Creek Bridge to Tar Creek as a

recreational river;

(E) the 5.5-mile segment from Tar Creek to just south of Indian

Henry Campground as a scenic river; and

(F) the 14.5-mile segment just south of Indian Henry Campground

to Big Cliff as a recreational river.

(71) Crescent Creek, Oregon. - The 10-mile segment from the

southwest quarter of section 11, township 24 south, range 6 east,

to the west section line of section 13, township 24 south, range 7

east, as a recreational river; to be administered by the Secretary

of Agriculture.

(72) Crooked, Oregon. - The 15-mile segment from the National

Grassland boundary to Dry Creek; to be administered by the

Secretary of the Interior in the following classes:

(A) The 7-mile segment from the National Grassland boundary to

River Mile 8 south of Opal Spring as a recreational river; and

(B) the 8-mile segment from Bowman Dam to Dry Creek as a

recreational river.

(73) Deschutes, Oregon. - Those portions as follows:

(A) The 40.4-mile segment from Wickiup Dam to northern boundary

of Sunriver at the southwest quarter of section 20, township 19

south, range 11 east as a recreational river; to be administered

by the Secretary of Agriculture;

(B) the 11-mile segment from the northern boundary of Sunriver

at the southwest quarter of section 20, township 19 south, range

11 east, to Lava Island Camp as a scenic river; to be

administered by the Secretary of Agriculture;

(C) the 3-mile segment from Lava Island Camp to the Bend Urban

Growth Boundary at the southwest corner of section 13, township

18 south, range 11 east, as a recreational river; to be

administered by the Secretary of Agriculture;

(D) the 19-mile segment from Oden Falls to the Upper End of

Lake Billy Chinook as a scenic river; to be administered by the

Secretary of the Interior;

(E) the 100-mile segment from the Pelton Reregulating Dam to

its confluence with the Columbia River as a recreational river;

to be administered by the Secretary of the Interior through a

cooperative management agreement between the Confederated Tribes

of the Warm Springs Reservation, and the State of Oregon as

provided in section 1281(e) of this title and section 105 of the

Omnibus Oregon Wild and Scenic Rivers Act of 1988.

(74) Donner und Blitzen, Oregon. - Those segments, including its

major tributaries, as a wild river; to be administered by the

Secretary of the Interior as follows:

(A) The 16.75-mile segment of the Donner und Blitzen from its

confluence with the South Fork Blitzen and Little Blitzen.

(B) The 12.5-mile segment of the Little Blitzen from its

headwaters to its confluence with the South Fork Blitzen.

(C) The 16.5-mile segment of the South Fork Blitzen from its

headwaters to its confluence with the South Fork Blitzen.

(D) The 10-mile segment of Big Indian Creek from its headwaters

to its confluence with the South Fork Blitzen.

(E) The 3.7-mile segment of Little Indian Creek from its

headwaters to its confluence with Big Indian Creek.

(F) The 13.25-mile segment of Fish Creek from its headwaters to

its confluence with the Donner und Blitzen.

(G) The 5.1 mile segment of Mud Creek from its confluence with

an unnamed spring in the SW 1/4SE 1/4 of section 32, township 33

south, range 33 east, to its confluence with the Donner und

Blitzen River.

(H) The 8.1 mile segment of Ankle Creek from its headwaters to

its confluence with the Donner und Blitzen River.

(I) The 1.6 mile segment of the South Fork of Ankle Creek from

its confluence with an unnamed tributary in the SE 1/4SE 1/4 of

section 17, township 34 south, range 33 east, to its confluence

with Ankle Creek.

(75) Eagle Creek, Oregon. - The 27-mile segment from its

headwaters below Eagle Lake to the Wallowa-Whitman National Forest

boundary at Skull Creek; to be administered by the Secretary of

Agriculture in the following classes:

(A) The 4-mile segment from its headwaters below Eagle Lake to

the Eagle Cap Wilderness boundary at Hummingbird Mountain as a

wild river;

(B) the 15.5-mile segment from the Eagle Cap Wilderness

boundary at Hummingbird Mountain to Paddy Creek as a recreational

river;

(C) the 6-mile segment from Paddy Creek to Little Eagle Creek

as a scenic river; and

(D) the 1.5-mile segment from Little Eagle Creek to the

Wallowa-Whitman National Forest boundary as a recreational river.

(76) Elk, Oregon. - The 19-mile segment to be administered by the

Secretary of Agriculture in the following classes:

(A) The 17-mile segment from the confluence of the North and

South Forks of the Elk to Anvil Creek as a recreational river;

and

(B) the 2-mile segment of the North Fork Elk from the falls to

its confluence with the South Fork as a wild river.

(77) Grande Ronde, Oregon. - The 43.8-mile segment from its

confluence with the Wallowa River to the Oregon-Washington State

line in the following classes:

(A) The 1.5-mile segment from its confluence with the Wallowa

River to the Umatilla National Forest boundary in section 11,

township 3 north, range 40 east, as a recreational river; to be

administered by the Secretary of Agriculture;

(B) the 17.4-mile segment from the Umatilla National Forest

boundary in section 11, township 3 north, range 40 east, to the

Wallowa-Whitman National Forest boundary approximately one-half

mile east of Grossman Creek as a wild river; to be administered

by the Secretary of Agriculture;

(C) the 9-mile segment from the Wallowa-Whitman National Forest

boundary approximately one-half mile east of Grossman Creek to

Wildcat Creek as a wild river; to be administered by the

Secretary of the Interior; and

(D) the 15.9-mile segment from Wildcat Creek to the

Oregon-Washington State line as a recreational river; to be

administered by the Secretary of the Interior.

(78) Imnaha, Oregon. - Those segments, including the South Fork

Imnaha; to be administered by the Secretary of Agriculture in the

following classes:

(A) The 6-mile segment from its confluence with the North and

South Forks of the Imnaha River to Indian Crossing as a wild

river;

(B) the 58-mile segment from Indian Crossing to Cow Creek as a

recreational river;

(C) the 4-mile segment from Cow Creek to its mouth as a scenic

river; and

(D) the 9-mile segment of the South Fork Imnaha from its

headwaters to its confluence with the Imnaha River as a wild

river.

(79) John Day, Oregon. - The 147.5-mile segment from Service

Creek to Tumwater Falls as a recreational river; to be administered

through a cooperative management agreement between the State of

Oregon and the Secretary of the Interior as provided in section

1281(e) of this title.

(80) Joseph Creek, Oregon. - The 8.6-mile segment from Joseph

Creek Ranch, one mile downstream from Cougar Creek, to the

Wallowa-Whitman National Forest boundary as a wild river; to be

administered by the Secretary of Agriculture.

(81) Little Deschutes, Oregon. - The 12-mile segment from its

source in the northwest quarter of section 15, township 26 south,

range 6 1/2 east to the north section line of section 12, township

26 south, range 7 east as a recreational river; to be administered

by the Secretary of Agriculture.

(82) Lostine, Oregon. - The 16-mile segment from its headwaters

to the Wallowa-Whitman National Forest boundary; to be administered

by the Secretary of Agriculture in the following classes:

(A) The 5-mile segment from its headwaters to the Eagle Cap

Wilderness boundary as a wild river; and

(B) the 11-mile segment from the Eagle Cap Wilderness boundary

to the Wallowa-Whitman National Forest boundary at Silver Creek

as a recreational river.

(83) Malheur, Oregon. - The 13.7-mile segment from Bosonberg

Creek to the Malheur National Forest boundary; to be administered

by the Secretary of Agriculture in the following classes:

(A) The 7-mile segment from Bosonberg Creek to Malheur Ford as

a scenic river; and

(B) the 6.7-mile segment from Malheur Ford to the Malheur

National Forest boundary as a wild river.

(84) McKenzie, Oregon. - The 12.7-mile segment from Clear Lake to

Scott Creek; to be administered by the Secretary of Agriculture in

the following classes:

(A) The 1.8-mile segment from Clear Lake to the head of maximum

pool at Carmen Reservoir as a recreational river;

(B) the 4.3-mile segment from a point 100 feet downstream from

Carmen Dam to the maximum pool at Trail Bridge Reservoir as a

recreational river; and

(C) the 6.6-mile segment from the developments at the base of

the Trail Bridge Reservoir Dam to Scott Creek as a recreational

river.

(85) Metolius, Oregon. - The 28.6-mile segment from the south

Deschutes National Forest boundary to Lake Billy Chinook in the

following classes:

(A) The 11.5-mile segment from the south Deschutes National

Forest boundary (approximately 2,055.5 feet from Metolius

Springs) to Bridge 99 as a recreational river; to be administered

by the Secretary of Agriculture;

(B) the 17.1-mile segment from Bridge 99 to Lake Billy Chinook

as a scenic river; by (FOOTNOTE 3) the Secretary of Agriculture,

through a cooperative management agreement between the Secretary

of the Interior and the Confederated Tribes of the Warm Springs

Reservation, as provided in section 1281(e) of this title and

section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of

1988: Provided, That the river and its adjacent land area will be

managed to provide a primitive recreational experience as defined

in the ROS User's Guide.

(FOOTNOTE 3) So in original. Probably should be ''to be

administered by''.

(86) Minam, Oregon. - The 39-mile segment from its headwaters at

the south end of Minam Lake to the Eagle Cap Wilderness boundary,

one-half mile downstream from Cougar Creek, as a wild river; to be

administered by the Secretary of Agriculture.

(87) North Fork Crooked, Oregon. - The 32.3-mile segment from its

source at Williams Prairie to one mile from its confluence with the

Crooked River in the following classes:

(A) The 3-mile segment from its source at Williams Prairie to

the Upper End of Big Summit Prairie as a recreational river; to

be administered by the Secretary of Agriculture;

(B) the 3.7-mile segment from the Lower End of Big Summit

Prairie to the bridge across from the Deep Creek Campground as a

recreational river; to be administered by the Secretary of

Agriculture;

(C) the 8-mile segment from the bridge across from the Deep

Creek Campground to the Ochoco National Forest boundary, one-half

mile from Lame Dog Creek as a scenic river; to be administered by

the Secretary of Agriculture;

(D) the 1.5-mile segment from the Ochoco National Forest

boundary to Upper Falls as a scenic river; to be administered by

the Secretary of the Interior;

(E) the 11.1-mile segment from Upper Falls to Committee Creek

as a wild river; to be administered by the Secretary of the

Interior; and

(F) the 5-mile segment from Committee Creek to one mile from

its confluence with the Crooked River as a recreational river; to

be administered by the Secretary of the Interior.

(88) North Fork John Day, Oregon. - The 54.1-mile segment from

its headwaters in the North Fork of the John Day Wilderness Area at

section 13, township 8 south, range 36 east, to its confluence with

Camas Creek in the following classes:

(A) The 3.5-mile segment from its headwaters in the North Fork

of the John Day Wilderness at section 13, township 8 south, range

36 east, to the North Fork of the John Day Wilderness boundary as

a wild river; to be administered by the Secretary of Agriculture;

(B) the 7.5-mile segment from the North Fork of the John Day

Wilderness boundary to Trail Creek as a recreational river; to be

administered by the Secretary of Agriculture;

(C) the 24.3-mile segment from Trail Creek to Big Creek as a

wild river; to be administered by the Secretary of Agriculture;

(D) the 10.5-mile segment from Big Creek to Texas Bar Creek as

a scenic river; to be administered by the Secretary of

Agriculture; and

(E) the 8.3-mile segment from Texas Bar Creek to its confluence

with Camas Creek as a recreational river; to be administered by

the Secretary of Agriculture.

(89) North Fork Malheur, Oregon. - The 25.5-mile segment from its

headwaters to the Malheur National Forest boundary as a scenic

river; to be administered by the Secretary of Agriculture.

(90) North Fork of the Middle Fork of the Willamette, Oregon. -

The 42.3-mile segment from Waldo Lake to the Willamette National

Forest boundary; to be administered by the Secretary of Agriculture

in the following classes:

(A) The 8.8-mile segment from Waldo Lake to the south section

line of section 36, township 19 south, range 5 1/2 east as a wild

river;

(B) the 6.5-mile segment from the south section line of section

36, township 19 south, range 5 1/2 east to Fisher Creek as a

scenic river; and

(C) the 27-mile segment from Fisher Creek to the Willamette

National Forest boundary as a recreational river.

(91) North Fork Owyhee, Oregon. - The 8-mile segment from the

Oregon-Idaho State line to its confluence with the Owyhee River as

a wild river; to be administered by the Secretary of the Interior.

(92) North Fork Smith, Oregon. - The 13-mile segment from its

headwaters to the Oregon-California State line; to be administered

by the Secretary of Agriculture in the following classes:

(A) The 6.5-mile segment from its headwaters to Horse Creek as

a wild river;

(B) the 4.5-mile segment from Horse Creek to Baldface Creek as

a scenic river; and

(C) the 2-mile segment from Baldface Creek to the

Oregon-California State line as a wild river.

(93) North Fork Sprague, Oregon. - The 15-mile segment from the

head of River Spring in the southwest quarter of section 15,

township 35 south, range 16 east, to the northwest quarter of the

southwest quarter of section 11, township 35 south, range 15 east,

as a scenic river; to be administered by the Secretary of

Agriculture.

(94) North Powder, Oregon. - The 6-mile segment from its

headwaters to the Wallowa-Whitman National Forest boundary at River

Mile 20 as a scenic river; to be administered by the Secretary of

Agriculture.

(95) North Umpqua, Oregon. - The 33.8-mile segment from the Soda

Springs Powerhouse to Rock Creek in the following classes:

(A) The 25.4-mile segment from the Soda Springs Powerhouse to

the Umpqua National Forest boundary as a recreational river; to

be administered by the Secretary of Agriculture; and

(B) the 8.4-mile segment from the Umpqua National Forest

boundary to its confluence with Rock Creek as a recreational

river; to be administered by the Secretary of the Interior.

(96) Powder, Oregon. - The 11.7-mile segment from Thief Valley

Dam to the Highway 203 bridge as a scenic river; to be administered

by the Secretary of the Interior.

(97) Quartzville Creek, Oregon. - The 12-mile segment from the

Willamette National Forest boundary to slack water in Green Peter

Reservoir as a recreational river; to be administered by the

Secretary of the Interior.

(98) Roaring, Oregon. - The 13.7-mile segment from its headwaters

to its confluence with the Clackamas River; to be administered by

the Secretary of Agriculture in the following classes:

(A) The 13.5-mile segment from its headwaters to one-quarter

mile upstream of the mouth as a wild river; and

(B) the 0.2-mile segment from one-quarter mile upstream of the

mouth to its confluence with the Clackamas River as a

recreational river.

(99) Salmon, Oregon. - The 33.5-mile segment from its headwaters

to its confluence with the Sandy River in the following classes:

(A) The 7-mile segment from its headwaters to the south

boundary line of section 6, township 4 south, range 9 east as a

recreational river; to be administered by the Secretary of

Agriculture: Provided, That designation and classification shall

not preclude the Secretary from exercising discretion to approve

the construction, operation, and maintenance of ski lifts, ski

runs, and associated facilities for the land comprising the

Timberline Lodge Winter Sports Area insofar as such construction

does not involve water resources projects;

(B) the 15-mile segment from the south boundary line at section

6, township 4 south, range 9 east to the junction with the South

Fork of the Salmon River as a wild river; to be administered by

the Secretary of Agriculture;

(C) the 3.5-mile segment from the junction with the south fork

of the Salmon River to the Mt. Hood National Forest boundary as a

recreational river; to be administered by the Secretary of

Agriculture;

(D) the 3.2-mile segment from the Mt. Hood National Forest

boundary to Lymp Creek as a recreational river; to be

administered by the Secretary of the Interior; and

(E) the 4.8-mile segment from Lymp Creek to its confluence with

the Sandy River as a scenic river; to be administered by the

Secretary of the Interior.

(100) Sandy, Oregon. - Those portions as follows:

(A) The 4.5-mile segment from its headwaters to the section

line between sections 15 and 22, township 2 south, range 8 east

as a wild river; to be administered by the Secretary of

Agriculture;

(B) the 7.9-mile segment from the section line between sections

15 and 22, township 2 south, range 8 east to the Mt. Hood

National Forest boundary at the west section line of section 26,

township 2 south, range 7 east as a recreational river; to be

administered by the Secretary of Agriculture; and

(C) the 12.5-mile segment from the east boundary of sections 25

and 36, township 1 south, range 4 east in Clackamas County near

Dodge Park, downstream to the west line of the east half of the

northeast quarter of section 6, township 1 south, range 4 east,

in Multnomah County at Dabney State Park, the upper 3.8 miles as

a scenic river and the lower 8.7 miles as a recreational river;

both to be administered through a cooperative management

agreement between the State of Oregon, the Secretary of the

Interior and the Counties of Multnomah and Clackamas in

accordance with section 1281(e) of this title.

(101) South Fork John Day, Oregon. - The 47-mile segment from the

Malheur National Forest to Smokey Creek as a recreational river; to

be administered by the Secretary of the Interior.

(102) Squaw Creek, Oregon. - The 15.4-mile segment from its

source to the hydrologic Gaging Station 800 feet upstream from the

intake of the McAllister Ditch, including the Soap Fork Squaw

Creek, the North Fork, the South Fork, the East and West Forks of

Park Creek, and Park Creek Fork; to be administered by the

Secretary of Agriculture as follows:

(A) The 6.6-mile segment and its tributaries from the source to

the Three Sisters Wilderness boundary as a wild river; and

(B) the 8.8-mile segment from the boundary of the Three Sisters

Wilderness Area to the hydrologic Gaging Station 800 feet

upstream from the intake of the McAllister Ditch as a scenic

river: Provided, That nothing in this chapter shall prohibit the

construction of facilities necessary for emergency protection for

the town of Sisters relative to a rapid discharge of Carver Lake

if no other reasonable flood warning or control alternative

exists.

(103) Sycan, Oregon. - The 59-mile segment from the northeast

quarter of section 5, township 34 south, range 17 east to Coyote

Bucket at the Fremont National Forest boundary; to be administered

by the Secretary of Agriculture in the following classes:

(A) The 26.4-mile segment from the northeast quarter of section

5, township 34 south, range 17 east to the west section line of

section 22, township 32 south, range 14 1/2 east, as a scenic

river;

(B) the 8.6-mile segment from the west section line of section

22, township 32 south, range 14 east, to the Fremont National

Forest boundary in the southeast quarter of section 10, township

33 south, range 13 east, as a recreational river; and

(C) the 24-mile segment from the Fremont National Forest

boundary in the southwest quarter of section 10, township 33

south, range 13 east, to Coyote Bucket at the Fremont National

Forest boundary, as a scenic river.

(104) Upper Rogue, Oregon. - The 40.3-mile segment from the

Crater Lake National Park boundary to the Rogue River National

Forest boundary; to be administered by the Secretary of Agriculture

in the following classes:

(A) The 0.5-mile segment from the Crater Lake National Park

boundary to approximately 0.1-mile downstream from the forest

road 6530760 (West Lake Road) crossing as a scenic river;

(B) the 6.1-mile segment from approximately 0.1-mile downstream

from the forest road 6530760 (West Lake Road) crossing to

Minehaha Creek as a wild river; and

(C) the 33.7-mile segment from Minehaha Creek to the Rogue

River National Forest boundary as a scenic river.

(105) Wenaha, Oregon. - The 21.55-mile segment from the

confluence of the North Fork and the South Fork to its confluence

with the Grande Ronde River; to be administered by the Secretary of

Agriculture in the following classes:

(A) The 18.7-mile segment from the confluence of the North Fork

and South Fork to the Umatilla National Forest as a wild river;

(B) the 2.7-mile segment from the Umatilla National Forest

boundary to the easternmost boundary of the Wenaha State Wildlife

Area as a scenic area; and

(C) the 0.15-mile segment from the easternmost boundary of the

Wenaha State Wildlife Area to the confluence with the Grande

Ronde River as a recreational river.

(106) West Little Owyhee, Oregon. - The 51-mile segment from its

headwaters to its confluence with Owyhee River as a wild river; to

be administered by the Secretary of the Interior.

(107) White, Oregon. - The 46.5-mile segment from its headwaters

to its confluence with the Deschutes River in the following

classes:

(A) The 2-mile segment from its headwaters to the section line

between sections 9 and 16, township 3 south, range 9 east, as a

recreational river; to be administered by the Secretary of

Agriculture: Provided, That designation and classification shall

not preclude the Secretary from exercising discretion to approve

construction, operation, and from exercising discretion to

approve construction, operation, and maintenance of ski lifts,

ski runs, and associated facilities for the land comprising the

Mt. Hood Winter Sports Area insofar as such construction does not

involve water resource projects and is consistent with protecting

the values for which the river was designated.

(B) the 13.6-mile segment from the section line between

sections 9 and 16, township 3 south, range 9 east, to Deep Creek

as a recreational river; to be administered by the Secretary of

Agriculture;

(C) the 6.5-mile segment from Deep Creek to the Mt. Hood

National Forest boundary as a scenic river; to be administered by

the Secretary of Agriculture;

(D) the 17.5-mile segment from the Mt. Hood National Forest

boundary to Three Mile Creek as a scenic river; to be

administered by the Secretary of the Interior;

(E) the 5.3-mile segment from Three Mile Creek to River Mile

2.2 as a recreational river; to be administered by the Secretary

of the Interior; and

(F) the 1.6-mile segment from River Mile 1.6 to its confluence

with the Deschutes River as a recreational river; to be

administered by the Secretary of the Interior.

(108) Rio Chama, New Mexico. - The segment extending from El Vado

Ranch launch site (immediately south of El Vado Dam) downstream

approximately 24.6 miles to elevation 6,353 feet above mean sea

level; to be administered by the Secretary of Agriculture and the

Secretary of the Interior. For purposes of compliance with the

planning requirements of subsection (d) of this section, the

Cooperative Management Plan for the river prepared by the Secretary

of Agriculture and the Secretary of the Interior may be revised and

amended to the extent necessary to conform to the provisions of

this chapter. The segment of the Rio Chama beginning at the El

Vado Ranch launch site downstream to the beginning of Forest

Service Road 151 shall be administered as a wild river and the

segment downstream from the beginning of Forest Service Road 151 to

elevation 6,353 feet shall be administered as a scenic river.

(109) East Fork of Jemez, New Mexico. - The 11-mile segment from

the Santa Fe National Forest boundary to its confluence with the

Rio San Antonio; to be administered by the Secretary of Agriculture

in the following classifications:

(A) the 2-mile segment from the Santa Fe National Forest

boundary to the second crossing of State Highway 4, near Las

Conchas Trailhead, as a recreational river; and

(B) the 4-mile segment from the second crossing of State

Highway 4, near Las Conchas Trailhead, to the third crossing of

State Highway 4, approximately one and one-quarter miles upstream

from Jemez Falls, as a wild river; and

(C) the 5-mile segment from the third crossing of State Highway

4, approximately one and one-quarter miles upstream from Jemez

Falls, to its confluence with the Rio San Antonio, as a scenic

river.

After June 6, 1990, Federal lands within the boundaries of the

segments designated under this paragraph or which constitute the

bed or bank or are situated within one-quarter mile of the ordinary

highwater mark on each side of such segments are withdrawn, subject

to valid existing rights, from all forms of appropriation under the

mining laws and from operation of the mineral leasing laws of the

United States, and no patent may be issued for the surface estate

with respect to any mining claim located on such lands. Nothing in

this paragraph shall be construed as precluding mining operations

on any valid existing claim, subject to applicable regulations

under section 1280 of this title.

(110) Pecos River, New Mexico. - The 20.5-mile segment from its

headwaters to the townsite of Tererro; to be administered by the

Secretary of Agriculture in the following classifications:

(A) the 13.5-mile segment from its headwaters to the Pecos

Wilderness boundary, as a wild river; and

(B) the 7-mile segment from the Pecos Wilderness boundary to

the townsite of Tererro, as a recreational river.

After June 6, 1990, Federal lands within the boundaries of the

segments designated under this paragraph or which constitute the

bed or bank or are situated within one-quarter mile of the ordinary

highwater mark on each side of such segments are withdrawn, subject

to valid existing rights, from all forms of appropriation under the

mining laws and from operation of the mineral leasing laws of the

United States, and no patent may be issued for the surface estate

with respect to any mining claim located on such lands. Nothing in

this paragraph shall be construed as precluding mining operations

on any valid existing claim, subject to applicable regulations

under section 1280 of this title.

(111) Smith River, California. - The segment from the confluence

of the Middle Fork Smith River and the North Fork Smith River to

the Six Rivers National Forest boundary, including the following

segments of the mainstem and certain tributaries, to be

administered by the Secretary of Agriculture in the following

classes:

(A) The segment from the confluence of the Middle Fork Smith

River and the South Fork Smith River to the National Forest

boundary, as a recreational river.

(B) Rowdy Creek from the California-Oregon State line to the

National Forest boundary, as a recreational river.

(112) Middle Fork Smith River, California. - The segment from the

headwaters to its confluence with the North Fork Smith River,

including the following segments of the mainstem and certain

tributaries, to be administered by the Secretary of Agriculture in

the following classes:

(A) The segment from its headwaters about 3 miles south of

Sanger Lake, as depicted on the 1956 USGS 15 ( degrees) Preston

Peak topographic map, to the center of section 7, T. 17 N., R. 5

E., as a wild river.

(B) The segment from the center of section 7, T. 17 N., R. 5

E., to the center of section 6, T. 17 N., R. 5 E., as a scenic

river.

(C) The segment from the center of section 6, T. 17 N., R. 5

E., to one-half mile upstream from its confluence with Knopki

Creek, as a wild river.

(D) The segment from one-half mile upstream of its confluence

with Knopki Creek to its confluence with the South Fork Smith

River, as a recreational river.

(E) Myrtle Creek from its headwaters in section 9, T. 17 N., R.

1 E., as depicted on the 1952 USGS 15 ( degrees) Crescent City

topographic map, to the middle of section 28, T. 17 N., R. 1 E.,

as a scenic river.

(F) Myrtle Creek from the middle of section 28, T. 17 N., R. 1

E., to its confluence with the Middle Fork Smith River, as a wild

river.

(G) Shelly Creek from its headwaters in section 1, T. 18 N.,

R., 3 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with Patrick Creek, as a

recreational river.

(H) Kelly Creek from its headwaters in section 32, T. 17 N., R.

3 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with the Middle Fork Smith

River, as a scenic river.

(I) Packsaddle Creek from its headwaters about 0.8 miles

southwest of Broken Rib Mountain, as depicted on the 1956 USGS 15

( degrees) Preston Peak topographic map, to its confluence with

the Middle Fork Smith River, as a scenic river.

(J) East Fork Patrick Creek from its headwaters in section 10,

T. 18 N., R. 3 E., as depicted on the 1951 USGS 15 ( degrees)

Gasquet topographic map, to its confluence with the West Fork of

Patrick Creek, as a recreational river.

(K) West Fork Patrick Creek from its headwaters in section 18,

T. 18 N., R. 3 E., as depicted on the 1951 (FOOTNOTE 4) 15 (

degrees) Gasquet topographic map to its confluence with the East

Fork Patrick Creek, as a recreational river.

(FOOTNOTE 4) So in original. Probably should be ''1951 USGS''.

(L) Little Jones Creek from its headwaters in section 34, T. 17

N., R. 3 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map to its confluence with the Middle Fork Smith

River, as a recreational river.

(M) Griffin Creek from its headwaters about 0.2 miles southwest

of Hazel View Summit, as depicted on the 1956 USGS 15 ( degrees)

Preston Peak topographic map, to its confluence with the Middle

Fork Smith River, as a recreational river.

(N) Knopki Creek from its headwaters about 0.4 miles west of

Sanger Peak, as depicted on the 1956 USGS 15 ( degrees) Preston

Peak topographic map, to its confluence with the Middle Fork

Smith River, as a recreational river.

(O) Monkey Creek from its headwaters in the northeast quadrant

of section 12, T. 18 N., R. 3 E., as depicted on the 1951 USGS 15

( degrees) Gasquet topographic map, to its confluence with the

Middle Fork Smith River, as a recreational river.

(P) Patrick Creek from the junction of East and West Forks of

Patrick Creek to its confluence with Middle Fork Smith River, as

a recreational river.

(Q) Hardscrabble Creek from its headwaters in the northeast

quarter of section 2, T. 17 N., R. 1 E., as depicted on the 1952

USGS 15 ( degrees) Crescent City topographic map, to its

confluence with the Middle Fork Smith River, as a recreational

river.

(113) North Fork Smith River, California. - The segment from the

California-Oregon State line to its confluence with the Middle Fork

Smith River, including the following segments of the mainstem and

certain tributaries, to be administered by the Secretary of

Agriculture in the following classes:

(A) The segment from the California-Oregon State line to its

confluence with an unnamed tributary in the northeast quarter of

section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15 (

degrees) Gasquet topographic map, as a wild river.

(B) The segment from its confluence with an unnamed tributary

in the northeast quarter of section 5, T. 18 N., R. 2 E., to its

southern-most intersection with the eastern section line of

section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15 (

degrees) Gasquet topographic map, as a scenic river.

(C) The segment from its southern-most intersection with the

eastern section line of section 5, T. 18 N., R. 2 E., as depicted

on the 1951 USGS 15 ( degrees) Gasquet topographic map, to its

confluence with Stony Creek, as a wild river.

(D) The segment from its confluence with Stony Creek to its

confluence with the Middle Fork Smith River, as a recreational

river.

(E) Diamond Creek from California-Oregon State line to its

confluence with Bear Creek, as a recreational river.

(F) Diamond Creek from its confluence with Bear Creek to its

confluence with the North Fork Smith River, as a scenic river.

(G) Bear Creek from its headwaters in section 24, T. 18 N., R.

2 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with Diamond Creek, as a

scenic river.

(H) Still Creek from its headwaters in section 11, T. 18 N., R.

1 E., as depicted on the 1952 USGS 15 ( degrees) Crescent City

topographic map, to its confluence with the North Fork Smith

River, as a scenic river.

(I) North Fork Diamond Creek from the California-Oregon State

line to its confluence with Diamond Creek, as a recreational

river.

(J) High Plateau Creek from its headwaters in section 26, T. 18

N., R. 2 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with Diamond Creek, as a

scenic river.

(K) Stony Creek from its headwaters in section 25, T. 18 N., R.

2 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with the North Fork Smith

River, as a scenic river.

(L) Peridotite Creek from its headwaters in section 34, T. 18

N., R. 2 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with the North Fork Smith

River, as a wild river.

(114) Siskiyou Fork Smith River, California. - The segment from

its headwaters to its confluence with the Middle Fork Smith River,

and the following tributaries, to be administered by the Secretary

of Agriculture in the following classes:

(A) The segment from its headwaters about 0.7 miles southeast

of Broken Rib Mountain, as depicted on the 1956 USGS 15 (

degrees) Preston Peak Topographic (FOOTNOTE 5) map, to its

confluence with the South Siskiyou Fork Smith River, as a wild

river.

(FOOTNOTE 5) So in original. Probably should not be

capitalized.

(B) The segment from its confluence with the South Siskiyou

Fork Smith River to its confluence with the Middle Fork Smith

River, as a recreational river.

(C) South Siskiyou Fork Smith River from its headwaters about

0.6 miles southwest of Buck Lake, as depicted on the 1956 USGS 15

( degrees) Preston Peak topographic map, to its confluence with

the Siskiyou Fork Smith River, as a wild river.

(115) South Fork Smith River, California. - The segment from its

headwaters to its confluence with the main stem of the Smith River,

and the following tributaries, to be administered by the Secretary

of Agriculture in the following classes:

(A) The segment from its headwaters about 0.5 miles southwest

of Bear Mountain, as depicted on (FOOTNOTE 6) 1956 USGS 15 (

degrees) Preston Peak topographic map, to Blackhawk Bar, as a

wild river.

(FOOTNOTE 6) So in original. Probably should be ''on the''.

(B) The segment from Blackhawk Bar to its confluence with the

main stem of the Smith River, as a recreational river.

(C) Williams Creek from its headwaters in section 31, T. 14 N.,

R. 4 E., as depicted on the 1952 USGS 15 ( degrees) Ship Mountain

topographic map, to its confluence with Eightmile Creek, as a

wild river.

(D) Eightmile Creek from its headwaters in section 29, T. 14

N., R. 4 E., as depicted on the 1955 USGS 15 ( degrees) Dillon

Mtn. topographic map, to its confluence with the South Fork Smith

River, as a wild river.

(E) Harrington Creek from its source to its confluence with the

South Fork Smith River, as a wild river.

(F) Prescott Fork of the Smith River from its headwaters about

0.5 miles southeast of Island Lake, as depicted on the 1955 USGS

15 ( degrees) Dillon Mtn. topographic map, to its confluence with

the South Fork Smith River, as a wild river.

(G) Quartz Creek from its headwaters in section 31, T. 16 N.,

R. 4 E., as depicted on the 1952 15 ( degrees) USGS Ship Mountain

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(H) Jones Creek from its headwaters in section 36, T. 16 N., R.

3 E., as depicted on the 1952 USGS 15 ( degrees) Ship Mountain

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(I) Hurdygurdy Creek from its headwaters about 0.4 miles

southwest of Bear Basin Butte as depicted on the 1956 USGS 15 (

degrees) Preston Peak topographic map, to its confluence with the

South Fork Smith River, as a recreational river.

(J) Gordon Creek from its headwaters in section 18, T. 16 N.,

R. 3 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(K) Coon Creek from the junction of its two headwaters

tributaries in the southeast quadrant of section 31, T. 17 N., R.

3 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(L) Craigs Creek from its headwaters in section 36, T. 17 N.,

R. 2 E., as depicted on the 1951 USGS 15 ( degrees) Gasquet

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(M) Goose Creek from its headwaters in section 13, T. 13 N., R.

2 E., as depicted on the 1952 USGS 15 ( degrees) Ship Mountain

topographic map, to its confluence with the South Fork Smith

River, as a recreational river.

(N) East Fork Goose Creek from its headwaters in section 18, T.

13 N., R. 3 E., as depicted on the 1952 USGS 15 ( degrees) Ship

Mountain topographic map, to its confluence with Goose Creek, as

a recreational river.

(O) Buck Creek from its headwaters at Cedar Camp Spring, as

depicted on the 1952 USGS 15 ( degrees) Ship Mountain topographic

map, to the northeast corner of section 8, T. 14 N., R. 3 E., as

a scenic river.

(P) Buck Creek from the northeast corner of section 8, T. 14

N., R. 3 E., to its confluence with the South Fork Smith River,

as a wild river.

(Q) Muzzleloader Creek from its headwaters in section 2, T. 15

N., R. 3 E., as depicted on the 1952 USGS 15 ( degrees) Ship

Mountain topographic map, to its confluence with Jones Creek, as

a recreational river.

(R) Canthook Creek from its headwaters in section 2, T. 15 N.,

R. 2 E., as depicted in (FOOTNOTE 7) the 1952 USGS 15 ( degrees)

Ship Mountain topographic map, to its confluence with the South

Fork Smith River, as a recreational river.

(FOOTNOTE 7) So in original. Probably should be ''on''.

(S) Rock Creek from the national forest boundary in section 6,

T. 15 N., R. 2 E., as depicted on the 1952 USGS 15 ( degrees)

Ship Mountain topographic map, to its confluence with the South

Fork Smith River, as a recreational river.

(T) Blackhawk Creek from its headwaters in section 21, T. 15

N., R. 2 E., as depicted on the 1952 USGS 15 ( degrees) Ship

Mountain topographic map, to its confluence with the South Fork

Smith River, as a recreational river.

(116) Clarks Fork, Wyoming. - (A) The twenty and five-tenths-mile

segment from the west boundary of section 3, township 56 north,

range 106 west at the Crandall Creek Bridge downstream to the north

boundary of section 13, township 56 north, range 104 west at Clarks

Fork Canyon; to be administered by the Secretary of Agriculture as

a wild river. Notwithstanding subsection (b) of this section, the

boundary of the segment shall include all land within four hundred

and forty yards from the ordinary high water mark on both sides of

the river. No land or interest in land may be acquired with

respect to the segment without the consent of the owner thereof.

For the purposes of carrying out this paragraph, there is

authorized to be appropriated $500,000 for development and $750,000

for the acquisition of land and interests therein.

(B) Designation of a segment of the Clarks Fork by this paragraph

as a component of the Wild and Scenic Rivers System shall not be

utilized in any Federal proceeding, whether concerning a license,

permit, right-of-way, or any other Federal action, as a reason or

basis to prohibit the development or operation of any water

impoundment, diversion facility, or hydroelectric power and

transmission facility located entirely downstream from the segment

of the river designated by this paragraph: Provided, That water

from any development shall not intrude upon such segment. Congress

finds that development of water impoundments, diversion facilities,

and hydroelectric power and transmission facilities located

entirely downstream from the segment of the river is not

incompatible with its designation as a component of the Wild and

Scenic Rivers System.

(C) The Secretary of Agriculture is directed to apply for the

quantification of the water right reserved by the inclusion of a

portion of the Clarks Fork in the Wild and Scenic Rivers System in

accordance with the procedural requirements of the laws of the

State of Wyoming: Provided, That, notwithstanding any provision of

the laws of the State of Wyoming otherwise applicable to the

granting and exercise of water rights, the purposes for which the

Clarks Fork is designated, as set forth in this chapter and this

paragraph, are declared to be beneficial uses and the priority date

of such right shall be November 28, 1990.

(D) The comprehensive management plan developed under subsection

(d) of this section for the segment designated by this paragraph

shall provide for all such measures as may be necessary in the

control of fire, insects, and diseases to fully protect the values

for which the segment is designated as a wild river.

(117) Niobrara, Nebraska. - (A) The 40-mile segment from Borman

Bridge southeast of Valentine downstream to its confluence with

Chimney Creek and the 30-mile segment from the river's confluence

with Rock Creek downstream to the State Highway 137 bridge, both

segments to be classified as scenic and administered by the

Secretary of the Interior. That portion of the 40-mile segment

designated by this subparagraph located within the Fort Niobrara

National Wildlife Refuge shall continue to be managed by the

Secretary through the Director of the United States Fish and

Wildlife Service.

(B) The 25-mile segment from the western boundary of Knox County

to its confluence with the Missouri River, including that segment

of the Verdigre Creek from the north municipal boundary of

Verdigre, Nebraska, to its confluence with the Niobrara, to be

administered by the Secretary of the Interior as a recreational

river.

After consultation with State and local governments and the

interested public, the Secretary shall take such action as is

required under subsection (b) of this section.

(118) Missouri River, Nebraska and South Dakota. - The 39-mile

segment from the headwaters of Lewis and Clark Lake to the Ft.

Randall Dam, to be administered by the Secretary of the Interior as

a recreational river.

(119) Bear Creek, Michigan. - The 6.5-mile segment from Coates

Highway to the Manistee River, to be administered by the Secretary

of Agriculture as a scenic river.

(120) Black, Michigan. - The 14-mile segment from the Ottawa

National Forest boundary to Lake Superior, to be administered by

the Secretary of Agriculture as a scenic river.

(121) Carp, Michigan. - The 27.8-mile segment from the west

section line of section 30, township 43 north, range 5 west, to

Lake Huron, to be administered by the Secretary of Agriculture in

the following classes:

(A) The 2.3-mile segment from the west section line of section

30, township 43 north, range 5 west, to Forest Development Road

3458 in section 32, township 43 north, range 5 west, as a scenic

river.

(B) The 6.5-mile segment from the Forest Development Road 3458

in section 32, township 43 north, range 5 west, to Michigan State

Highway 123, as a scenic river.

(C) The 7.5-mile segment from Michigan State Highway 123 to one

quarter of a mile upstream from Forest Development Road 3119, as

a wild river.

(D) The 0.5-mile segment from one quarter of a mile upstream of

Forest Development Road 3119 to one quarter mile downstream of

Forest Development Road 3119, as a scenic river.

(E) The 4.9-mile segment from one quarter of a mile downstream

of Forest Development Road 3119 to McDonald Rapids, as a wild

river.

(F) The 6.1-mile segment from McDonald Rapids to Lake Huron, as

a recreational river.

(122) Indian, Michigan. - The 51-mile segment from Hovey Lake to

Indian Lake to be administered by the Secretary of Agriculture in

the following classes:

(A) The 12-mile segment from Hovey Lake to Fish Lake, as a

scenic river.

(B) The 39-mile segment from Fish Lake to Indian Lake, as a

recreational river.

(123) Manistee, Michigan. - The 26-mile segment from the Michigan

DNR boat ramp below Tippy Dam to the Michigan State Highway 55

bridge, to be administered by the Secretary of Agriculture as a

recreational river.

(124) Ontonagon, Michigan. - Segments of certain tributaries,

totaling 157.4 miles, to be administered by the Secretary of

Agriculture as follows:

(A) The 46-mile segment of the East Branch Ontonagon from its

origin at Spring Lake to the Ottawa National Forest boundary in

the following classes:

(i) The 20.5-mile segment from its origin at Spring Lake to

its confluence with an unnamed stream in section 30, township

48 north, range 37 west, as a recreational river.

(ii) The 25.5-mile segment from its confluence with an

unnamed stream in section 30, township 48 north, range 37 west,

to the Ottawa National Forest boundary, as a wild river.

(B) The 59.4-mile segment of the Middle Branch Ontonagon, from

its origin at Crooked Lake to the northern boundary of the Ottawa

National Forest in the following classes:

(i) The 20-mile segment from its origin at Crooked Lake to

Burned Dam, as a recreational river.

(ii) The 8-mile segment from Burned Dam to Bond Falls

Flowage, as a scenic river.

(iii) The 8-mile segment from Bond Falls to Agate Falls, as a

recreational river.

(iv) The 6-mile segment from Agate Falls to Trout Creek, as a

scenic river.

(v) The 17.4-mile segment from Trout Creek to the northern

boundary of the Ottawa National Forest, as a wild river.

(C) The 37-mile segment of the Cisco Branch Ontonagon from its

origin at Cisco Lake Dam to its confluence with Ten-Mile Creek

south of Ewen in the following classes:

(i) The 10-mile segment from the origin of Cisco Branch

Ontonagon at Cisco Lake Dam to the County Road 527 crossing, as

a recreational river.

(ii) The 27-mile segment from the Forest Development Road 527

crossing to the confluence of the Cisco Branch and Ten-Mile

Creek, as a scenic river.

(D) The 15-mile segment of the West Branch Ontonagon from its

confluence with Cascade Falls to Victoria Reservoir, in the

following classes:

(i) The 10.5-mile segment from its confluence with Cascade

Falls to its confluence with the South Branch Ontonagon, as a

recreational river.

(ii) The 4.5-mile segment from its confluence with the South

Branch Ontonagon to Victoria Reservoir, as a recreational

river.

Nothwithstanding (FOOTNOTE 8) any limitation contained in this

chapter, the Secretary is authorized to acquire lands and interests

in lands which, as of August 1, 1990, were owned by Upper Peninsula

Energy Corporation, and notwithstanding any such limitation, such

lands shall be retained and managed by the Secretary as part of the

Ottawa National Forest, and those lands so acquired which are

within the boundaries of any segment designated under this

paragraph shall be retained and managed pursuant to this chapter.

(FOOTNOTE 8) So in original. Probably should be

''Notwithstanding''.

(125) Paint, Michigan. - Segments of the mainstream and certain

tributaries, totaling 51 miles, to be administered by the Secretary

of Agriculture as follows:

(A) The 6-mile segment of the main stem from the confluence of

the North and South Branches Paint to the Ottawa National Forest

boundary, as a recreational river.

(B) The 17-mile segment of the North Branch Paint from its

origin at Mallard Lake to its confluence with the South Branch

Paint, as a recreational river.

(C) The 28-mile segment of the South Branch Paint from its

origin at Paint River Springs to its confluence with the North

Branch Paint, as a recreational river.

(126) Pine, Michigan. - The 25-mile segment from Lincoln Bridge

to the east 1/16th line of section 16, township 21 north, range 13

west, to be administered by the Secretary of Agriculture as a

scenic river.

(127) Presque Isle, Michigan. - Segments of the mainstream and

certain tributaries, totaling 57 miles, to be administered by the

Secretary of Agriculture as follows:

(A) The 23-mile segment of the mainstream, from the confluence

of the East and West Branches of Presque Isle to Minnewawa Falls,

to be classified as follows:

(i) The 17-mile segment from the confluence of the East and

West Branches Presque Isle to Michigan State Highway 28, as a

recreational river.

(ii) The 6-mile segment from Michigan State Highway 28 to

Minnewawa Falls, as a scenic river.

(B) The 14-mile segment of the East Branch Presque Isle within

the Ottawa National Forest, as a recreational river.

(C) The 7-mile segment of the South Branch Presque Isle within

the Ottawa National Forest, as a recreational river.

(D) The 13-mile segment of the West Branch Presque Isle within

the Ottawa National Forest, as a scenic river.

(128) Sturgeon, Hiawatha National Forest, Michigan. - The

43.9-mile segment from the north line of section 26, township 43

north, range 19 west, to Lake Michigan, to be administered by the

Secretary of Agriculture in the following classes:

(A) The 21.7-mile segment from the north line of section 26,

township 43 north, range 19 west, to Forest Highway 13 as a

scenic river.

(B) The 22.2-mile segment from Forest Highway 13 to Lake

Michigan as a recreational river.

(129) Sturgeon, Ottawa National Forest, Michigan. - The 25-mile

segment from its entry into the Ottawa National Forest to the

northern boundary of the Ottawa National Forest, to be administered

by the Secretary of Agriculture in the following classes:

(A) The 16.5-mile segment from its entry into the Ottawa

National Forest to Prickett Lake, as a wild river.

(B) The 8.5-mile segment from the outlet of Prickett Lake Dam

to the northern boundary of the Ottawa National Forest, as a

scenic river.

(130) East Branch of the Tahquamenon, Michigan. - The 13.2-mile

segment from its origin in section 8, township 45 north, range 5

west, to the Hiawatha National Forest boundary, to be administered

by the Secretary of Agriculture in the following classes:

(A) The 10-mile segment from its origin in section 8, township

45 north, range 5 west, to the center of section 20, township 46

north, range 6 west, as a recreational river.

(B) The 3.2-mile segment from the center of section 20,

township 46 north, range 6 west, to the boundary of the Hiawatha

National Forest, as a wild river.

(131) Whitefish, Michigan. - Segments of the mainstream and

certain tributaries, totaling 33.6 miles, to be administered by the

Secretary of Agriculture as follows:

(A) The 11.1-mile segment of the mainstream from its confluence

with the East and West Branches of the Whitefish to Lake Michigan

in the following classes:

(i) The 9-mile segment from its confluence with the East and

West Branches of the Whitefish to the center of section 16,

township 41 north, range 21 west, as a scenic river.

(ii) The 2.1-mile segment from the center of section 16,

township 41 north, range 21 west, to Lake Michigan, as a

recreational river.

(B) The 15-mile segment of the East Branch Whitefish from the

crossing of County Road 003 in section 6, township 44 north,

range 20 west, to its confluence with the West Branch Whitefish,

as a scenic river.

(C) The 7.5-mile segment of the West Branch Whitefish from

County Road 444 to its confluence with the East Branch Whitefish,

as a scenic river.

(132) Yellow Dog, Michigan. - The 4-mile segment from its origin

at the outlet of Bulldog Lake Dam to the boundary of the Ottawa

National Forest, to be administered by the Secretary of Agriculture

as a wild river.

(133) Allegheny, Pennsylvania. - The segment from Kinzua Dam

downstream approximately 7 miles to the United States Route 6

Bridge, and the segment from Buckaloons Recreation Area at Irvine,

Pennsylvania, downstream approximately 47 miles to the southern end

of Alcorn Island at Oil City, to be administered by the Secretary

of Agriculture as a recreational river through a cooperative

agreement with the Commonwealth of Pennsylvania and the counties of

Warren, Forest, and Venango, as provided under section 1281(e) of

this title; and the segment from the sewage treatment plant at

Franklin downstream approximately 31 miles to the refinery at

Emlenton, Pennsylvania, to be administered by the Secretary of

Agriculture as a recreational river through a cooperative agreement

with the Commonwealth of Pennsylvania and Venango County, as

provided under section 1281(e) of this title.

(134) Big Piney Creek, Arkansas. - The 45.2-mile segment from its

origin in section 27, township 13 north, range 23 west, to the

Ozark National Forest boundary, to be administered by the Secretary

of Agriculture as a scenic river.

(135) Buffalo River, Arkansas. - The 15.8-mile segment from its

origin in section 22, township 14 north, range 24 west, to the

Ozark National Forest boundary, to be administered by the Secretary

of Agriculture in the following classes:

(A) The 6.4-mile segment from its origin in section 22,

township 14 north, range 24 west, to the western boundary of the

Upper Buffalo Wilderness, as a scenic river.

(B) The 9.4-mile segment from the western boundary of the Upper

Buffalo Wilderness to the Ozark National Forest boundary, as a

wild river.

(136) Cossatot River, Arkansas. - Segments of the main stem and

certain tributaries, totaling 20.1 miles, to be administered as

follows:

(A) The 4.2-mile segment of the main stem from its confluence

with Mine Creek to the Caney Creek Wilderness Boundary on the

north section line of section 13, township 4 south, range 30

west, to be administered by the Secretary of Agriculture as a

recreational river.

(B) The 6.9-mile segment of the main stem from the Caney Creek

Wilderness Boundary on the north section line of section 13,

township 4 south, range 30 west, to the south section line of

section 20, township 4 south, range 30 west, to be administered

by the Secretary of Agriculture as a scenic river.

(C) The 4.4-mile segment of the Brushy Creek tributary from the

north line of the south 1/2 of the southeast 1/4 of section 7,

township 4 south, range 30 west, to the south section line of

section 20, township 4 south, range 30 west, to be administered

by the Secretary of Agriculture as a scenic river.

(D) The 4.6-mile segment of the main stem from the State

Highway 4 bridge to Duchett's Ford, to be administered by the

Secretary of the Army as a scenic river consistent with the

operation of Gillham Dam (as authorized by section 203 of the

Flood Control Act of 1958 (Public Law 85-500)). For purposes of

management of such segment, the Secretary of the Army may enter

into a cooperative agreement or memorandum of understanding or

other appropriate arrangement with the Secretary of Agriculture

or an appropriate official of the State of Arkansas.

(137) Hurricane Creek, Arkansas. - The 15.5-mile segment from its

origin in section 1, township 13 north, range 21 west, to its

confluence with Big Piney Creek, to be administered by the

Secretary of Agriculture in the following classes:

(A) The 11.8-mile segment from its origin in section 1,

township 13 north, range 21 west, to the western boundary of the

private land bordering Hurricane Creek Wilderness, as a scenic

river.

(B) The 2.4-mile segment from the western boundary of the

private land bordering the Hurricane Creek Wilderness to the

Hurricane Creek Wilderness boundary, as a wild river.

(C) The 1.3-mile segment from the Hurricane Creek Wilderness

boundary to its confluence with Big Piney Creek, as a scenic

river.

(138) Little Missouri River, Arkansas. - Segments totaling 15.7

miles, to be administered by the Secretary of Agriculture in the

following classes:

(A) The 11.3-mile segment from its origin in the northwest 1/4

of section 32, township 3 south, range 28 west, to the west

section line of section 22, township 4 south, range 27 west, as a

scenic river.

(B) The 4.4-mile segment from the north line of the southeast

1/4 of the southeast 1/4 of section 28, township 4 south, range

27 west, to the north line of the northwest 1/4 of the southwest

1/4 of section 5, township 5 south, range 27 west, as a wild

river.

(139) Mulberry River, Arkansas. - The 56.0-mile segment from its

origin in section 32, township 13 north, range 23 west, to the

Ozark National Forest boundary, to be administered by the Secretary

of Agriculture in the following classes:

(A) The 36.6-mile segment from its origin in section 32,

township 13 north, range 23 west, to Big Eddy Hollow in section

3, township 11 north, range 27 west, as a recreational river.

(B) The 19.4-mile segment from Big Eddy Hollow in section 3,

township 11 north, range 27 west, to the Ozark National Forest

boundary, as a scenic river.

(140) North Sylamore Creek, Arkansas. - The 14.5-mile segment

from the Clifty Canyon Botanical Area boundary to its confluence

with the White River, to be administered by the Secretary of

Agriculture as a scenic river.

(141) Richland Creek, Arkansas. - The 16.5-mile segment from its

origin in section 35, township 13 north, range 20 west, to the

northern boundary of section 32, township 14 north, range 18 west,

to be administered by the Secretary of Agriculture in the following

classes:

(A) The 7.8-mile segment from its origin in section 35,

township 13 north, range 20 west, to the western boundary of the

Richland Creek Wilderness, as a scenic river.

(B) The 5.3-mile segment from the western boundary of the

Richland Creek Wilderness to the eastern boundary of the Richland

Creek Wilderness, as a wild river.

(C) The 3.4-mile segment from the eastern boundary of the

Richland Creek Wilderness to the northern boundary of section 32,

township 14 north, range 18 west, as a scenic river.

(142) Sespe Creek, California. - The 4-mile segment of the main

stem of the creek from its confluence with Rock Creek and Howard

Creek downstream to its confluence with Trout Creek, to be

administered by the Secretary of Agriculture as a scenic river; and

the 27.5-mile segment of the main stem of the creek extending from

its confluence with Trout Creek downstream to where it leaves

section 26, township 5 north, range 20 west, to be administered by

the Secretary of Agriculture as a wild river.

(143) Sisquoc River, California. - The 33-mile segment of the

main stem of the river extending from its origin downstream to the

Los Padres Forest boundary, to be administered by the Secretary of

Agriculture as a wild river.

(144) Big Sur River, California. - The main stems of the South

Fork and North Fork of the Big Sur River from their headwaters to

their confluence and the main stem of the river from the confluence

of the South and North Forks downstream to the boundary of the

Ventana Wilderness in Los Padres National Forest, for a total

distance of approximately 19.5 miles, to be administered by the

Secretary of Agriculture as a wild river.

(145) Great Egg Harbor, New Jersey. - 39.5 miles of the main stem

to be administered by the Secretary of the Interior in the

following classifications:

(A) from the mouth of the Patcong Creek to the mouth of Perch

Cove Run, approximately 10 miles, as a scenic river;

(B) from Perch Cove Run to the Mill Street Bridge,

approximately 5.5 miles, as a recreational river;

(C) from Lake Lenape to the Atlantic City Expressway,

approximately 21 miles, as a recreational river; and

(D) from Williamstown-New Freedom Road to the Pennsylvania

Railroad right-of-way, approximately 3 miles, as a recreational

river, and

89.5 miles of the following tributaries to be administered by the

Secretary of the Interior in the following classifications:

(E) Squankum Branch from its confluence with Great Egg Harbor

River to Malaga Road, approximately 4.5 miles, as a recreational

river;

(F) Big Bridge Branch, from its confluence with Great Egg

Harbor River to headwaters, approximately 2.2 miles, as a

recreational river;

(G) Penny Pot Stream Branch, from its confluence with Great Egg

Harbor River to 14th Street, approximately 4.1 miles, as a

recreational river;

(H) Deep Run, from its confluence with Great Egg Harbor River

to Pancoast Mill Road, approximately 5.4 miles, as a recreational

river;

(I) Mare Run, from its confluence with Great Egg Harbor River

to Weymouth Avenue, approximately 3 miles, as a recreational

river;

(J) Babcock Creek, from its confluence with Great Egg Harbor

River to headwaters, approximately 7.5 miles, as a recreational

river;

(K) Gravelly Run, from its confluence with Great Egg Harbor

River to Pennsylvania Railroad Right-of-Way, (FOOTNOTE 9)

approximately 2.7 miles, as a recreational river;

(FOOTNOTE 9) So in original. Probably should not be

capitalized.

(L) Miry Run, from its confluence with Great Egg Harbor River

to Asbury Road, approximately 1.7 miles, as a recreational river;

(M) South River, from its confluence with Great Egg Harbor

River to Main Avenue, approximately 13.5 miles, as a recreational

river;

(N) Stephen Creek, from its confluence with Great Egg Harbor

River to New Jersey Route 50, approximately 2.3 miles, as a

recreational river;

(O) Gibson Creek, from its confluence with Great Egg Harbor

River to First Avenue, approximately 5.6 miles, as a recreational

river;

(P) English Creek, from its confluence with Great Egg Harbor

River to Zion Road, approximately 3.5 miles, as a recreational

river;

(Q) Lakes Creek, from its confluence with Great Egg Harbor

River to the dam, approximately 2.2 miles, as a recreational

river;

(R) Middle River, from its confluence with Great Egg Harbor

River to the levee, approximately 5.6 miles, as a scenic river;

(S) Patcong Creek, from its confluence with Great Egg Harbor

River to Garden State Parkway, approximately 2.8 miles, as a

recreational river;

(T) Tuckahoe River (lower segment) from its confluence with

Great Egg Harbor River to the Route 50 bridge, (FOOTNOTE 01)

approximately 9 miles, as a scenic river;

(FOOTNOTE 01) So in original. Probably should be capitalized.

(U) Tuckahoe River, from the Route 50 Bridge to Route 49

Bridge, approximately 7.3 miles, as a recreational river; and

(V) Cedar Swamp Creek, from its confluence with Tuckahoe River

to headwaters, approximately 6 miles, as a scenic river.

(146) The Maurice River, Middle Segment. - From Route 670 Bridge

at Mauricetown to 3.6 miles upstream (at drainage ditch just

upstream of Fralinger Farm), approximately 3.8 miles to be

administered by the Secretary of the Interior as a scenic river.

(147) The Maurice River, Middle Segment. - From the drainage

ditch just upstream of Fralinger Farm to one-half mile upstream

from the United States Geological Survey Station at Burcham Farm,

approximately 3.1 miles, to be administered by the Secretary of the

Interior as a recreational river.

(148) The Maurice River, Upper Segment. - From one-half mile

upstream from the United States Geological Survey Station at

Burcham Farm to the south side of the Millville sewage treatment

plant, approximately 3.6 miles, to be administered by the Secretary

of the Interior as a scenic river.

(149) The Menantico Creek, Lower Segment. - From its confluence

with the Maurice River to the Route 55 Bridge, approximately 1.4

miles, to be administered by the Secretary of the Interior as a

recreational river.

(150) The Menantico Creek, Upper Segment. - From the Route 55

Bridge to the base of the impoundment at Menantico Lake,

approximately 6.5 miles, to be administered by the Secretary of the

Interior as a scenic river.

(151) Manumuskin River, Lower Segment. - From its confluence with

the Maurice River to a point 2.0 miles upstream, to be administered

by the Secretary of the Interior as a recreational river.

(152) Manumuskin River, Upper Segment. - From a point 2.0 miles

upstream from its confluence with the Maurice River to its

headwaters near Route 557, approximately 12.3 miles, to be

administered by the Secretary of the Interior as a scenic river.

(153) Muskee Creek, New Jersey. - From its confluence with the

Maurice River to the Pennsylvania Seashore Line Railroad Bridge,

approximately 2.7 miles, to be administered by the Secretary of the

Interior as a scenic river.

(154)(A) Red River, Kentucky. - The 19.4-mile segment of the Red

River extending from the Highway 746 Bridge to the School House

Branch, to be administered by the Secretary of Agriculture in the

following classes:

(i) The 9.1-mile segment known as the ''Upper Gorge'' from the

Highway 746 Bridge to Swift Camp Creek, as a wild river. This

segment is identified as having the same boundary as the Kentucky

Wild River.

(ii) The 10.3-mile segment known as the ''Lower Gorge'' from

Swift Camp Creek to the School House Branch, as a recreational

river.

(B) There are authorized to be appropriated such sums as are

necessary to carry out this paragraph.

(155) Rio Grande, New Mexico. - The main stem from the southern

boundary of the segment of the Rio Grande designated pursuant to

paragraph (4), downstream approximately 12 miles to the west

section line of Section 15, Township 23 North, Range 10 East, to be

administered by the Secretary of the Interior as a scenic river.

(156) Farmington River, Connecticut. - The 14-mile segment of the

West Branch and mainstem extending from immediately below the

Goodwin Dam and Hydroelectric Project in Hartland, Connecticut, to

the downstream end of the New Hartford-Canton, Connecticut, town

line (hereinafter in this paragraph referred to as the

''segment''), as a recreational river, to be administered by the

Secretary of the Interior through cooperative agreements between

the Secretary of the Interior and the State of Connecticut and its

relevant political subdivisions, namely the Towns of Colebrook,

Hartland, Barkhamsted, New Hartford, and Canton and the Hartford

Metropolitan District Commission, pursuant to section 1281(e) of

this title. The segment shall be managed in accordance with the

Upper Farmington River Management Plan, dated April 29, 1993, and

such amendments thereto as the Secretary of the Interior determines

are consistent with this chapter. Such plan shall be deemed to

satisfy the requirement for a comprehensive management plan

pursuant to subsection (d) of this section.

(157) Clarion river, pennsylvania. - The 51.7-mile segment of the

main stem of the Clarion River from the Allegheny National

Forest/State Game Lands Number 44 boundary, located approximately

0.7 miles downstream from the Ridgway Borough limit, to an unnamed

tributary in the backwaters of Piney Dam approximately 0.6 miles

downstream from Blyson Run, to be administered by the Secretary of

Agriculture in the following classifications:

(A) The approximately 8.6-mile segment of the main stem from

the Allegheny National Forest/State Game Lands Number 44

boundary, located approximately 0.7 miles downstream from the

Ridgway Borough limit, to Portland Mills, as a recreational

river.

(B) The approximately 8-mile segment of the main stem from

Portland Mills to the Allegheny National Forest boundary, located

approximately 0.8 miles downstream from Irwin Run, as a scenic

river.

(C) The approximately 26-mile segment of the main stem from the

Allegheny National Forest boundary, located approximately 0.8

miles downstream from Irwin Run, to the State Game Lands 283

boundary, located approximately 0.9 miles downstream from the

Cooksburg bridge, as a recreational river.

(D) The approximately 9.1-mile segment of the main stem from

the State Game Lands 283 boundary, located approximately 0.9

miles downstream from the Cooksburg bridge, to an unnamed

tributary at the backwaters of Piney Dam, located approximately

0.6 miles downstream from Blyson Run, as a scenic river.

(158) Lamprey River, New Hampshire. - The 23.5-mile segment

extending from the Bunker Pond Dam in Epping to the confluence with

the Piscassic River in the vicinity of the Durham-Newmarket town

line (hereinafter in this paragraph referred to as the ''segment'')

as a recreational river. The segment shall be administered by the

Secretary of the Interior through cooperative agreements between

the Secretary and the State of New Hampshire and its relevant

political subdivisions, namely the towns of Epping, Durham, Lee,

and Newmarket, pursuant to section 1281(e) of this title. The

segment shall be managed in accordance with the Lamprey River

Management Plan dated January 10, 1995, and such amendments thereto

as the Secretary of the Interior determines are consistent with

this chapter. Such plan shall be deemed to satisfy the

requirements for a comprehensive management plan pursuant to

subsection (d) of this section.

(159)(A) Elkhorn Creek. - The 6.4-mile segment traversing

federally administered lands from that point along the Willamette

National Forest boundary on the common section line between

Sections 12 and 13, Township 9 South, Range 4 East, Willamette

Meridian, to that point where the segment leaves Federal ownership

along the Bureau of Land Management boundary in Section 1, Township

9 South, Range 3 East, Willamette Meridian, in the following

classes:

(i) a 5.8-mile wild river area, extending from that point along

the Willamette National Forest boundary on the common section

line between Sections 12 and 13, Township 9 South, Range 4 East,

Willamette Meridian, to its confluence with Buck Creek in Section

1, Township 9 South, Range 3 East, Willamette Meridian, to be

administered as agreed on by the Secretaries of Agriculture and

the Interior, or as directed by the President; and

(ii) a 0.6-mile scenic river area, extending from the

confluence with Buck Creek in Section 1, Township 9 South, Range

3 East, Willamette Meridian, to that point where the segment

leaves Federal ownership along the Bureau of Land Management

boundary in Section 1, Township 9 South, Range 3 East, Willamette

Meridian, to be administered by the Secretary of Interior, or as

directed by the President.

(B) Notwithstanding subsection (b) of this section, the lateral

boundaries of both the wild river area and the scenic river area

along Elkhorn Creek shall include an average of not more than 640

acres per mile measured from the ordinary high water mark on both

sides of the river.

(160) Sudbury, Assabet, and Concord Rivers, Massachusetts. - (A)

The 29 miles of river segments in Massachusetts, as follows:

(i) The 14.9-mile segment of the Sudbury River beginning at the

Danforth Street Bridge in the town of Framingham, downstream to

the Route 2 Bridge in Concord, as a scenic river.

(ii) The 1.7-mile segment of the Sudbury River from the Route 2

Bridge downstream to its confluence with the Assabet River at Egg

Rock, as a recreational river.

(iii) The 4.4-mile segment of the Assabet River beginning 1,000

feet downstream from the Damon Mill Dam in the town of Concord,

to its confluence with the Sudbury River at Egg Rock in Concord;

(FOOTNOTE 11) as a recreational river.

(FOOTNOTE 11) So in original. The semicolon probably should be

a comma.

(iv) The 8-mile segment of the Concord River from Egg Rock at

the confluence of the Sudbury and Assabet Rivers downstream to

the Route 3 Bridge in the town of Billerica, as a recreational

river.

(B) The segments referred to in subparagraph (A) shall be

administered by the Secretary of the Interior in cooperation with

the SUASCO River Stewardship Council provided for in the plan

referred to in subparagraph (C) through cooperative agreements

under section 1281(e) of this title between the Secretary and the

Commonwealth of Massachusetts and its relevant political

subdivisions (including the towns of Framingham, Wayland, Sudbury,

Lincoln, Concord, Carlisle, Bedford, and Billerica).

(C) The segments referred to in subparagraph (A) shall be managed

in accordance with the plan entitled ''Sudbury, Assabet and Concord

Wild and Scenic River Study, River Conservation Plan'', dated March

16, 1995. The plan is deemed to satisfy the requirement for a

comprehensive management plan under subsection (d) of this section.

(161) (FOOTNOTE 21) Wilson Creek, North Carolina. - (A) The 23.3

mile segment of Wilson Creek in the State of North Carolina from

its headwaters to its confluence with Johns River, to be

administered by the Secretary of Agriculture in the following

classifications:

(FOOTNOTE 21) So in original. Additional pars. (161) are set

out after this par. and after the unnumbered par. following par.

(162).

(i) The 2.9 mile segment from its headwaters below Calloway

Peak downstream to the confluence of Little Wilson Creek, as a

scenic river.

(ii) The 4.6 segment from Little Wilson Creek downstream to the

confluence of Crusher Branch, as a wild river.

(iii) The 15.8 segment from Crusher Branch downstream to the

confluence of Johns River, as a recreational river.

(B) The Forest Service or any other agency of the Federal

Government may not undertake condemnation proceedings for the

purpose of acquiring public right-of-way or access to Wilson Creek

against the private property of T. Henry Wilson, Jr., or his heirs

or assigns, located in Avery County, North Carolina (within the

area 36 ( degrees) , 4 min., 21 sec. North 81 ( degrees) , 47

min., 37 ( degrees) West and 36 ( degrees) , 3 min., 13 sec. North

and 81 ( degrees) 45 min. 55 sec. West), in the area of Wilson

Creek designated as a wild river.

(161) (FOOTNOTE 31) Wekiva River, Wekiwa Springs Run, Rock

Springs Run, and Black Water Creek, Florida. - The 41.6-mile

segments referred to in this paragraph, to be administered by the

Secretary of the Interior:

(FOOTNOTE 31) So in original. Additional pars. (161) are set

out before this par. and after the unnumbered par. following par.

(162).

(A) Wekiva river and wekiwa springs run. - The 14.9 miles of

the Wekiva River, along Wekiwa Springs Run from its confluence

with the St. Johns River to Wekiwa Springs, to be administered in

the following classifications:

(i) From the confluence with the St. Johns River to the

southern boundary of the Lower Wekiva River State Preserve,

approximately 4.4 miles, as a wild river.

(ii) From the southern boundary of the Lower Wekiva River

State Preserve to the northern boundary of Rock Springs State

Reserve at the Wekiva River, approximately 3.4 miles, as a

recreational river.

(iii) From the northern boundary of Rock Springs State

Reserve at the Wekiva River to the southern boundary of Rock

Springs State Reserve at the Wekiva River, approximately 5.9

miles, as a wild river.

(iv) From the southern boundary of Rock Springs State Reserve

at the Wekiva River upstream along Wekiwa Springs Run to Wekiwa

Springs, approximately 1.2 miles, as a recreational river.

(B) Rock springs run. - The 8.8 miles from the confluence of

Rock Springs Run with the Wekiwa Springs Run forming the Wekiva

River to its headwaters at Rock Springs, to be administered in

the following classifications:

(i) From the confluence with Wekiwa Springs Run to the

western boundary of Rock Springs Run State Reserve at Rock

Springs Run, approximately 6.9 miles, as a wild river.

(ii) From the western boundary of Rock Springs Run State

Reserve at Rock Springs Run to Rock Springs, approximately 1.9

miles, as a recreational river.

(C) Black water creek. - The 17.9 miles from the confluence of

Black Water Creek with the Wekiva River to outflow from Lake

Norris, to be administered in the following classifications:

(i) From the confluence with the Wekiva River to

approximately .25 mile downstream of the Seminole State Forest

road crossing, approximately 4.1 miles, as a wild river.

(ii) From approximately .25 mile downstream of the Seminole

State Forest road to approximately .25 mile upstream of the

Seminole State Forest road crossing, approximately .5 mile, as

a scenic river.

(iii) From approximately .25 mile upstream of the Seminole

State Forest road crossing to approximately .25 mile downstream

of the old railroad grade crossing (approximately River Mile

9), approximately 4.4 miles, as a wild river.

(iv) From approximately .25 mile downstream of the old

railroad grade crossing (approximately River Mile 9), upstream

to the boundary of Seminole State Forest (approximately River

Mile 10.6), approximately 1.6 miles, as a scenic river.

(v) From the boundary of Seminole State Forest (approximately

River Mile 10.6) to approximately .25 mile downstream of the

State Road 44 crossing, approximately .9 mile, as a wild river.

(vi) From approximately .25 mile downstream of State Road 44

to approximately .25 mile upstream of the State Road 44A

crossing, approximately .6 mile, as a recreational river.

(vii) From approximately .25 mile upstream of the State Road

44A crossing to approximately .25 mile downstream of the Lake

Norris Road crossing, approximately 4.7 miles, as a wild river.

(viii) From approximately .25 mile downstream of the Lake

Norris Road crossing to the outflow from Lake Norris,

approximately 1.1 miles, as a recreational river.

(162) White Clay Creek, Delaware and Pennsylvania. - The 190

miles of river segments of White Clay Creek (including tributaries

of White Clay Creek and all second order tributaries of the

designated segments) in the States of Delaware and Pennsylvania, as

depicted on the recommended designation and classification maps

(dated June 2000), to be administered by the Secretary of the

Interior, as follows:

(A) 30.8 miles of the east branch, including Trout Run,

beginning at the headwaters within West Marlborough township

downstream to a point that is 500 feet north of the Borough of

Avondale wastewater treatment facility, as a recreational river.

(B) 15.0 miles of the east branch beginning at the southern

boundary line of the Borough of Avondale to a point where the

East Branch enters New Garden Township at the Franklin Township

boundary line, including Walnut Run and Broad Run outside the

boundaries of the White Clay Creek Preserve, as a recreational

river.

(C) 4.0 miles of the east branch that flow through the

boundaries of the White Clay Creek Preserve, Pennsylvania,

beginning at the northern boundary line of London Britain

township and downstream to the confluence of the middle and east

branches, as a scenic river.

(D) 6.8 miles of the middle branch, beginning at the headwaters

within Londonderry township downstream to a point that is 500

feet north of the Borough of West Grove wastewater treatment

facility, as a recreational river.

(E) 14 miles of the middle branch, beginning at a point that is

500 feet south of the Borough of West Grove wastewater treatment

facility downstream to the boundary of the White Clay Creek

Preserve in London Britain township, as a recreational river.

(F) 2.1 miles of the middle branch that flow within the

boundaries of the White Clay Creek Preserve in London Britain

township, as a scenic river.

(G) 17.2 miles of the west branch, beginning at the headwaters

within Penn township downstream to the confluence with the middle

branch, as a recreational river.

(H) 12.7 miles of the main stem, excluding Lamborn Run, that

flow through the boundaries of the White Clay Creek Preserve,

Pennsylvania and Delaware, and White Clay Creek State Park,

Delaware, beginning at the confluence of the east and middle

branches in London Britain township, Pennsylvania, downstream to

the northern boundary line of the city of Newark, Delaware, as a

scenic river.

(I) 5.4 miles of the main stem (including all second order

tributaries outside the boundaries of the White Clay Creek

Preserve and White Clay Creek State Park), beginning at the

confluence of the east and middle branches in London Britain

township, Pennsylvania, downstream to the northern boundary of

the city of Newark, Delaware, as a recreational river.

(J) 16.8 miles of the main stem beginning at Paper Mill Road

downstream to the Old Route 4 bridge, as a recreational river.

(K) 4.4 miles of the main stem beginning at the southern

boundary of the property of the corporation known as United Water

Delaware downstream to the confluence of White Clay Creek with

the Christina River, as a recreational river.

(L) 1.3 miles of Middle Run outside the boundaries of the

Middle Run Natural Area, as a recreational river.

(M) 5.2 miles of Middle Run that flow within the boundaries of

the Middle Run Natural Area, as a scenic river.

(N) 15.6 miles of Pike Creek, as a recreational river.

(O) 38.7 miles of Mill Creek, as a recreational river.

( ) (FOOTNOTE 41) Wildhorse and Kiger Creeks, Oregon.The

following segments in the Steens Mountain Cooperative Management

and Protection Area in the State of Oregon, to be administered by

the Secretary of the Interior as wild rivers:

(FOOTNOTE 41) So in original. This par. added without

identifying number.

(A) The 2.6-mile segment of Little Wildhorse Creek from its

headwaters to its confluence with Wildhorse Creek.

(B) The 7.0-mile segment of Wildhorse Creek from its

headwaters, and including .36 stream miles into section 34,

township 34 south, range 33 east.

(C) The approximately 4.25-mile segment of Kiger Creek from its

headwaters to the point at which it leaves the Steens Mountain

Wilderness Area within the Steens Mountain Cooperative Management

and Protection Area.

(161) (FOOTNOTE 51) Lower delaware river and associated

tributaries, new jersey and pennsylvania. - (A) The 65.6 miles of

river segments in New Jersey and Pennsylvania, consisting of -

(FOOTNOTE 51) So in original. Additional pars. (161) are set

out after par. (160).

(i) the segment from river mile 193.8 to the northern border of

the city of Easton, Pennsylvania (approximately 10.5 miles), as a

recreational river;

(ii) the segment from a point just south of the Gilbert

Generating Station to a point just north of the Point Pleasant

Pumping Station (approximately 14.2 miles), as a recreational

river;

(iii) the segment from the point just south of the Point

Pleasant Pumping Station to a point 1,000 feet north of the Route

202 bridge (approximately 6.3 miles), as a recreational river;

(iv) the segment from a point 1,750 feet south of the Route 202

bridge to the southern border of the town of New Hope,

Pennsylvania (approximately 1.9 miles), as a recreational river;

(v) the segment from the southern boundary of the town of New

Hope, Pennsylvania, to the town of Washington Crossing,

Pennsylvania (approximately 6 miles), as a recreational river;

(vi) Tinicum Creek (approximately 14.7 miles), as a scenic

river;

(vii) Tohickon Creek from the Lake Nockamixon Dam to the

Delaware River (approximately 10.7 miles), as a scenic river; and

(viii) Paunacussing Creek in Solebury Township (approximately 3

miles), as a recreational river.

(B) Administration. - The river segments referred to in

subparagraph (A) shall be administered by the Secretary of the

Interior. Notwithstanding section 1281(c) of this title, the river

segments shall not be administered as part of the National Park

System.

( ) (FOOTNOTE 41) Rivers of Caribbean National Forest, Puerto

Rico. -

(A) Rio mameyes. - The segment of approximately 4.5 miles from

its headwaters in the BanAE6o de Oro Research Natural Area to the

boundary of the Caribbean National Forest, to be administered by

the Secretary of Agriculture as follows:

(i) As a wild river from its headwaters in the BanAE6o de Oro

Research Natural Area to the crossing point of Trail No. 24/11

(approximately 500 feet upstream from the confluence with the

Rio de La Mina), a total of approximately 2.1 miles.

(ii) As a scenic river from the crossing point of Trail No.

24/11 to the access point of Trail No. 7, a total of

approximately 1.4 miles.

(iii) As a recreational river from the access point of Trail

No. 7 to the national forest boundary, a total of approximately

1.0 miles.

(B) Rio de la mina. - The segment of approximately 2.1 miles

from its headwaters to its confluence with the Rio Mameyes, to be

administered by the Secretary of Agriculture as follows:

(i) As a recreational river from its headwaters in the El

Yunque Recreation Area downstream to La Mina Falls, a total of

approximately 0.9 miles.

(ii) As a scenic river from La Mina falls (FOOTNOTE 61)

downstream to its confluence with the Rio Mameyes, a total of

approximately 1.2 miles.

(FOOTNOTE 61) So in original. Probably should be capitalized.

(C) Rio icacos. - The segment of approximately 2.3 miles from

its headwaters to the boundary of the Caribbean National Forest,

to be administered by the Secretary of Agriculture as a scenic

river.

(b) Establishment of boundaries; classification

The agency charged with the administration of each component of

the national wild and scenic rivers system designated by subsection

(a) of this section shall, within one year from the date of

designation of such component under subsection (a) of this section

(except where a different date if (FOOTNOTE 71) provided in

subsection (a) of this section), establish detailed boundaries

therefor (which boundaries shall include an average of not more

than 320 acres of land per mile measured from the ordinary high

water mark on both sides of the river); and determine which of the

classes outlined in section 1273(b) of this title best fit the

river or its various segments.

(FOOTNOTE 71) So in original. Probably should be ''is''.

Notice of the availability of the boundaries and classification,

and of subsequent boundary amendments shall be published in the

Federal Register and shall not become effective until ninety days

after they have been forwarded to the President of the Senate and

the Speaker of the House of Representatives.

(c) Public inspection of maps and descriptions

Maps of all boundaries and descriptions of the classifications of

designated river segments, and subsequent amendments to such

boundaries, shall be available for public inspection in the offices

of the administering agency in the District of Columbia and in

locations convenient to the designated river.

(d) Comprehensive management plan for protection of river values;

review of boundaries, classifications, and plans

(1) For rivers designated on or after January 1, 1986, the

Federal agency charged with the administration of each component of

the National Wild and Scenic Rivers System shall prepare a

comprehensive management plan for such river segment to provide for

the protection of the river values. The plan shall address

resource protection, development of lands and facilities, user

capacities, and other management practices necessary or desirable

to achieve the purposes of this chapter. The plan shall be

coordinated with and may be incorporated into resource management

planning for affected adjacent Federal lands. The plan shall be

prepared, after consultation with State and local governments and

the interested public within 3 full fiscal years after the date of

designation. Notice of the completion and availability of such

plans shall be published in the Federal Register.

(2) For rivers designated before January 1, 1986, all boundaries,

classifications, and plans shall be reviewed for conformity within

the requirements of this subsection within 10 years through regular

agency planning processes.

-SOURCE-

(Pub. L. 90-542, Sec. 3, Oct. 2, 1968, 82 Stat. 907; Pub. L.

92-560, Sec. 2, Oct. 25, 1972, 86 Stat. 1174; Pub. L. 93-279, Sec.

1(a), May 10, 1974, 88 Stat. 122; Pub. L. 94-199, Sec. 3(a), Dec.

31, 1975, 89 Stat. 1117; Pub. L. 94-486, title I, Sec. 101, title

II, Sec. 201, title III, Sec. 301, title VI, Sec. 601, Oct. 12,

1976, 90 Stat. 2327, 2329, 2330; Pub. L. 95-625, title VII, Sec.

701-704(a), 705-708, 755, 763(a), Nov. 10, 1978, 92 Stat.

3521-3523, 3527-3529, 3533; Pub. L. 96-87, title IV, Sec.

401(p)(1), Oct. 12, 1979, 93 Stat. 666; Pub. L. 96-312, Sec. 9(a),

July 23, 1980, 94 Stat. 952; Pub. L. 96-344, Sec. 16, Sept. 8,

1980, 94 Stat. 1137; Pub. L. 96-487, title VI, Sec. 601-603, Dec.

2, 1980, 94 Stat. 2412-2414; Pub. L. 96-580, Dec. 23, 1980, 94

Stat. 3370; Pub. L. 98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60;

Pub. L. 98-406, title I, Sec. 104, Aug. 28, 1984, 98 Stat. 1491;

Pub. L. 98-425, title II, Sec. 201, Sept. 28, 1984, 98 Stat. 1632;

Pub. L. 98-444, Oct. 4, 1984, 98 Stat. 1714; Pub. L. 98-494, Sec.

1, Oct. 19, 1984, 98 Stat. 2274; Pub. L. 99-530, Sec. 1, Oct. 27,

1986, 100 Stat. 3021; Pub. L. 99-590, title I, Sec. 101, title IV,

Sec. 401, title V, Sec. 501, title VI, Sec. 601, Oct. 30, 1986, 100

Stat. 3330, 3334, 3337; Pub. L. 99-663, Sec. 13(c), Nov. 17, 1986,

100 Stat. 4294; Pub. L. 100-149, Sec. 1, Nov. 2, 1987, 101 Stat.

879; Pub. L. 100-150, Sec. 1, Nov. 3, 1987, 101 Stat. 881; Pub. L.

100-174, Nov. 24, 1987, 101 Stat. 924; Pub. L. 100-534, title III,

Sec. 301, title V, Sec. 501, Oct. 26, 1988, 102 Stat. 2706, 2708;

Pub. L. 100-547, title I, Sec. 101, Oct. 28, 1988, 102 Stat. 2736;

Pub. L. 100-554, Sec. 1, Oct. 28, 1988, 102 Stat. 2776; Pub. L.

100-557, title I, Sec. 102, Oct. 28, 1988, 102 Stat. 2782; Pub. L.

100-633, Sec. 1, Nov. 7, 1988, 102 Stat. 3320; Pub. L. 100-668,

title V, Sec. 501, Nov. 16, 1988, 102 Stat. 3967; Pub. L. 101-40,

Sec. 2(a), June 20, 1989, 103 Stat. 81; Pub. L. 101-306, Sec. 2,

June 6, 1990, 104 Stat. 260; Pub. L. 101-612, Sec. 10(b), Nov. 16,

1990, 104 Stat. 3215; Pub. L. 101-628, title XIII, Sec. 1302, Nov.

28, 1990, 104 Stat. 4509; Pub. L. 102-50, Sec. 2, May 24, 1991, 105

Stat. 254; Pub. L. 102-249, Sec. 3, Mar. 3, 1992, 106 Stat. 45;

Pub. L. 102-271, Sec. 1, Apr. 20, 1992, 106 Stat. 108; Pub. L.

102-275, Sec. 2, Apr. 22, 1992, 106 Stat. 123; Pub. L. 102-301,

Sec. 6, June 19, 1992, 106 Stat. 245; Pub. L. 102-432, Sec. 1, Oct.

23, 1992, 106 Stat. 2212; Pub. L. 102-536, Sec. 1, Oct. 27, 1992,

106 Stat. 3528; Pub. L. 103-162, Sec. 2, Dec. 1, 1993, 107 Stat.

1969; Pub. L. 103-170, Sec. 3, Dec. 2, 1993, 107 Stat. 1986; Pub.

L. 103-242, Sec. 2, May 4, 1994, 108 Stat. 611; Pub. L. 103-313,

Sec. 3, Aug. 26, 1994, 108 Stat. 1700; Pub. L. 103-437, Sec.

6(d)(40), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 104-208, div. B,

title I, Sec. 109, Sept. 30, 1996, 110 Stat. 3009-531; Pub. L.

104-314, Oct. 19, 1996, 110 Stat. 3823; Pub. L. 104-333, div. I,

title IV, Sec. 405(a), 406(d), 407(a), title X, Sec. 1023(h), Nov.

12, 1996, 110 Stat. 4149, 4151, 4223; Pub. L. 106-20, Sec. 2(b),

(g), Apr. 9, 1999, 113 Stat. 31, 33; Pub. L. 106-176, title I, Sec.

106(a), Mar. 10, 2000, 114 Stat. 25; Pub. L. 106-192, Sec. 2(a),

May 2, 2000, 114 Stat. 233; Pub. L. 106-261, Aug. 18, 2000, 114

Stat. 735; Pub. L. 106-299, Sec. 3, Oct. 13, 2000, 114 Stat. 1051;

Pub. L. 106-357, Sec. 3, Oct. 24, 2000, 114 Stat. 1393; Pub. L.

106-399, title III, Sec. 301(a), (b), Oct. 30, 2000, 114 Stat.

1667, 1668; Pub. L. 106-418, Sec. 3, Nov. 1, 2000, 114 Stat. 1817;

Pub. L. 107-365, Sec. 2(b), Dec. 19, 2002, 116 Stat. 3027.)

-REFTEXT-

REFERENCES IN TEXT

Section 704(c) of the National Parks and Recreation Act of 1978,

referred to in subsec. (a)(19), is section 704(c), Pub. L. 95-625,

Nov. 10, 1978, 92 Stat. 3524, which is set out under this section

in a note captioned ''Upper Delaware Segment Special Provisions''.

The Act establishing the Delaware Water Gap National Recreation

Area, referred to in subsec. (a)(20), is Pub. L. 89-158, Sept. 1,

1965, 79 Stat. 612, which is classified generally to subchapter

LXXIII (Sec. 460o et seq.) of chapter 1 of this title. For

complete classification of this Act to the Code, see Tables.

The Raker Act, referred to in subsec. (a)(53), is act Dec. 19,

1913, ch. 4, 38 Stat. 242, which is not classified to the Code.

The mining laws and the mineral leasing laws, referred to in

subsec. (a)(62)(C), (109), (110), are classified generally to Title

30, Mineral Lands and Mining.

Section 14(b) of the Federal Advisory Committee Act, referred to

in subsec. (a)(67)(B)(vii), is section 14(b) of Pub. L. 92-463,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

Section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of

1988, referred to in subsec. (a)(73)(E) and (85)(B), is section 105

of Pub. L. 100-557, which is set out as a note below.

Section 203 of the Flood Control Act of 1958, referred to in

subsec. (a)(136)(D), is section 203 of Pub. L. 85-500, title II,

July 3, 1958, 72 Stat. 305, which is not classified to the Code.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-365 added unnumbered par.

relating to Rivers of Caribbean National Forest, Puerto Rico.

2000 - Subsec. (a). Pub. L. 106-418, Sec. 3(4), which directed

repeal of the fourth undesignated par. following par. 156,

pertaining to Elkhorn Creek and enacted by Pub. L. 104-333, could

not be executed because the undesignated par. referred to was

designated par. (159) by Pub. L. 106-20. See 1999 Amendment note

below.

Pub. L. 106-418, Sec. 3(3), which directed designation of the

third undesignated par. following par. 156, pertaining to the

Lamprey River, New Hampshire, and enacted by Pub. L. 104-333, as

par. 159, could not be executed because the undesignated par.

referred to was redesignated as par. (158) by Pub. L. 106-20. See

1999 Amendment note below.

Pub. L. 106-418, Sec. 3(2), which directed designation of the

second undesignated par. following par. 156, pertaining to the

Clarion River, Pennsylvania, and enacted by Pub. L. 104-314, as

par. 158, could not be executed because the undesignated par.

referred to was redesignated as par. (157) by Pub. L. 106-20. See

1999 Amendment note below.

Pub. L. 106-418, Sec. 3(1), which directed designation of the

first undesignated par. following par. 156, pertaining to Elkhorn

Creek and enacted by Pub. L. 104-208, as par. 157, could not be

executed because the undesignated par. referred to was repealed by

Pub. L. 106-20. See 1999 Amendment note below.

Pub. L. 106-399, Sec. 301(b), added unnumbered par. relating to

Wildhorse and Kiger Creeks, Oregon.

Subsec. (a)(74)(A). Pub. L. 106-399, Sec. 301(a)(2), substituted

period for semicolon at end.

Pub. L. 106-399, Sec. 301(a)(1), which directed the substitution

of ''The'' for ''the'' at the beginning of each subpar. in par.

(74), could not be executed to subpar. (A) because subpar. (A) does

not begin with ''the''.

Subsec. (a)(74)(B) to (D). Pub. L. 106-399, Sec. 301(a)(1), (2),

substituted ''The'' for ''the'' at beginning and period for

semicolon at end.

Subsec. (a)(74)(E). Pub. L. 106-399, Sec. 301(a)(1), (3),

substituted ''The'' for ''the'' at beginning and period for '';

and'' at end.

Subsec. (a)(74)(F). Pub. L. 106-399, Sec. 301(a)(1), substituted

''The'' for ''the'' at beginning.

Subsec. (a)(74)(G) to (I). Pub. L. 106-399, Sec. 301(a)(4), added

subpars. (G) to (I).

Subsec. (a)(158). Pub. L. 106-192 substituted ''23.5-mile segment

extending from the Bunker Pond Dam in Epping'' for ''11.5-mile

segment extending from the southern Lee town line'' in first

sentence and ''towns of Epping,'' for ''towns of'' in second

sentence.

Pub. L. 106-176 substituted ''through cooperative agreements''

for ''through cooperation agreements'' in second sentence.

Subsec. (a)(161). Pub. L. 106-418, Sec. 3(5), added par. (161)

relating to Lower Delaware River and associated tributaries.

Pub. L. 106-299 added par. (161) relating to Wekiva River.

Pub. L. 106-261 added par. (161) relating to Wilson Creek.

Subsec. (a)(162). Pub. L. 106-357 added par. (162).

1999 - Subsec. (a). Pub. L. 106-20, Sec. 2(g)(1), struck out

unnumbered par. added by Pub. L. 104-208 relating to Elkhorn Creek,

which was identical to par. added by Pub. L. 104-333, Sec. 1023(h).

Subsec. (a)(157) to (159). Pub. L. 106-20, Sec. 2(g)(2),

designated unnumbered pars. relating to Clarion River, Lamprey

River, and Elkhorn Creek as pars. (157) to (159), respectively.

Subsec. (a)(160). Pub. L. 106-20, Sec. 2(b), added par. (160).

1996 - Subsec. (a). Pub. L. 104-333, Sec. 405(a), 1023(h), added

unnumbered pars. relating to Lamprey River, New Hampshire and

Elkhorn Creek.

Pub. L. 104-314 added unnumbered par. relating to Clarion River,

Pennsylvania.

Pub. L. 104-208 added unnumbered par. relating to Elkhorn Creek.

Subsec. (a)(65). Pub. L. 104-333, Sec. 406(d), substituted

''BLUE-80,005, dated May 1996'' for ''WSR-BLU/20,000, and dated

January 1987'' and inserted at end ''In order to provide reasonable

public access and vehicle parking for public use and enjoyment of

the river designated by this paragraph, consistent with the

preservation and enhancement of the natural and scenic values of

such river, the Secretary may, with the consent of the owner

thereof, negotiate a memorandum of understanding or cooperative

agreement, or acquire not more than 10 acres of lands or interests

in such lands, or both, as may be necessary to allow public access

to the Bluestone River and to provide, outside the boundary of the

scenic river, parking and related facilities in the vicinity of the

area known as Eads Mill.''

Subsec. (a)(109) to (156). Pub. L. 104-333, Sec. 407(a),

redesignated unnumbered pars. relating to various rivers as pars.

(109) to (156).

1994 - Subsec. (a). Pub. L. 103-313 added unnumbered par.

relating to Farmington River, Connecticut.

Pub. L. 103-242 added unnumbered par. relating to Rio Grande, New

Mexico.

Subsec. (a)(19). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

1993 - Subsec. (a). Pub. L. 103-170 added unnumbered par.

relating to Red River, Kentucky.

Pub. L. 103-162 added unnumbered pars. relating to the following

rivers in New Jersey: Maurice River, Menantico Creek, Manumuskin

River, and Muskee Creek.

1992 - Subsec. (a). Pub. L. 102-536 added unnumbered par.

relating to Great Egg Harbor, New Jersey.

Pub. L. 102-301 added unnumbered pars. relating to the following

rivers in California: Sespe Creek, Sisquoc River, and Big Sur

River.

Pub. L. 102-275 added unnumbered pars. relating to the following

rivers in Arkansas: Big Piney Creek, Buffalo River, Cossatot River,

Hurricane Creek, Little Missouri River, Mulberry River, North

Sylamore Creek, and Richland Creek.

Pub. L. 102-271 added unnumbered par. relating to Allegheny

River, Pennsylvania.

Pub. L. 102-249 added unnumbered pars. relating to the following

rivers in Michigan: Bear Creek, Black, Carp, Indian, Manistee,

Ontonagon, Paint, Pine, Presque Isle, Sturgeon (Hiawatha National

Forest), Sturgeon (Ottawa National Forest), East Branch of the

Tahquamenon, Whitefish, and Yellow Dog.

Subsec. (a)(62). Pub. L. 102-432 designated existing provisions

as subpar. (A), substituted ''subparagraph'' for ''paragraph'' in

two places, and added subpars. (B) and (C).

1991 - Subsec. (a). Pub. L. 102-50 added unnumbered pars.

relating to Niobrara River, Nebraska, and Missouri River, Nebraska

and South Dakota.

1990 - Subsec. (a). Pub. L. 101-628 added unnumbered par.

relating to Clarks Fork, Wyoming.

Pub. L. 101-612 added unnumbered pars. relating to the following

California rivers: Smith River, Middle Fork Smith River, North Fork

Smith River, Siskiyou Fork Smith River, and South Fork Smith River.

Pub. L. 101-306 added unnumbered pars. relating to East Fork of

Jemez, New Mexico, and Pecos River, New Mexico.

1989 - Subsec. (a)(62). Pub. L. 101-40, Sec. 2(a)(1), (2),

designated unnumbered par. relating to Merced River, California, as

(62) and redesignated former par. (62) as (63).

Subsec. (a)(63). Pub. L. 101-40, Sec. 2(a)(2), redesignated

former par. (62), relating to Kings River, California, as (63).

Subsec. (a)(64). Pub. L. 101-40, Sec. 2(a)(3), designated

unnumbered par. relating to Kern River, California, as (64).

Subsec. (a)(65). Pub. L. 101-40, Sec. 2(a)(4), (6), designated

unnumbered par. relating to Bluestone River, West Virginia, as (65)

and redesignated former par. (65) as (67).

Subsec. (a)(66). Pub. L. 101-40, Sec. 2(a)(5), designated

unnumbered par. relating to Sipsey Fork of the West Fork River,

Alabama, as (66).

Subsec. (a)(67). Pub. L. 101-40, Sec. 2(a)(6), redesignated

former par. (65), relating to Wildcat River, New Hampshire, as

(67).

Subsec. (a)(68) to (107). Pub. L. 101-40, Sec. 2(a)(7),

designated unnumbered pars. relating to rivers in Oregon as (68) to

(107).

Subsec. (a)(108). Pub. L. 101-40, Sec. 2(a)(8), designated

unnumbered par. relating to Rio Chama River, New Mexico, as (108).

1988 - Subsec. (a). Pub. L. 100-633 added unnumbered par.

relating to Rio Chama, New Mexico.

Pub. L. 100-557 added unnumbered pars. relating to the following

rivers in Oregon: Big Marsh Creek, Chetco, Clackamas, Crescent

Creek, Crooked, Deschutes, Donner und Blitzen, Eagle Creek, Elk,

Grande Ronde, Imnaha, John Day, Joseph Creek, Little Deschutes,

Lostine, Malheur, McKenzie, Metolius, Minam, North Fork Crooked,

North Fork John Day, North Fork Malheur, North Fork of the Middle

Fork of the Willamette, North Fork Owyhee, North Fork Smith, North

Fork Sprague, North Powder, North Umpqua, Powder, Quartzville

Creek, Roaring, Salmon, Sandy, South Fork John Day, Squaw Creek,

Sycan, Upper Rogue, Wenaha, West Little Owyhee, and White.

Pub. L. 100-547 added unnumbered par. relating to Sipsey Fork of

the West Fork, Alabama.

Pub. L. 100-534, Sec. 301, added unnumbered par. relating to

Bluestone, West Virginia.

Subsec. (a)(60). Pub. L. 100-668 inserted sentence describing

boundaries of Klickitat River.

Subsec. (a)(65). Pub. L. 100-554 added par. (65) relating to

Wildcat River, New Hampshire.

Subsec. (b). Pub. L. 100-534, Sec. 501, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

agency charged with the administration of each component of the

national wild and scenic rivers system designated by subsection (a)

of this section shall, within one year from the date of designation

of such component under subsection (a) of this section (except

where a different date is provided in subsection (a) of this

section), establish detailed boundaries therefor (which boundaries

shall include an average of not more than 320 acres of land per

mile measured from the ordinary high water mark on both sides of

the river); determine which of the classes outlined in section

1273(b) of this title best fit the river or its various segments.

Notice of the availability of the boundaries and classification,

and of subsequent boundary amendments shall be published in the

Federal Register and shall not become effective until ninety days

after they have been forwarded to the President of the Senate and

the Speaker of the House of Representatives.''

1987 - Subsec. (a). Pub. L. 100-174 added unnumbered par.

relating to North and South Fork of the Kern River, California.

Pub. L. 100-149 added unnumbered par. relating to Merced,

California.

Subsec. (a)(56) to (61). Pub. L. 100-150, Sec. 1(b), redesignated

former par. (56), relating to Cache la Poudre, as (57), former par.

(57), relating to Saline Bayou, as (58), former par. (58), relating

to Black Creek, as (59), and designated pars. relating to Klickitat

and White Salmon as pars. (60) and (61), respectively.

Subsec. (a)(62). Pub. L. 100-150, Sec. 1(a), added par. (62).

1986 - Subsec. (a)(51) to (55). Pub. L. 99-530 and Pub. L.

99-590, Sec. 501(a), amended subsec. (a) identically, redesignating

the pars. relating to the Au Sable River, the Tuolumne River, the

Illinois River, and the Owyhee River as pars. (52) through (55),

respectively.

Subsec. (a)(56). Pub. L. 99-590, Sec. 101, added par. (56)

appearing second relating to Cache la Poudre, Colorado.

Pub. L. 99-530 added par. (56) appearing first relating to

Horsepasture, North Carolina.

Subsec. (a)(57), (58). Pub. L. 99-590, Sec. 401, 601, added pars.

(57) and (58).

Subsec. (a)(59), (60). Pub. L. 99-663 added two unnumbered pars.,

relating to Klickitat, Washington, and White Salmon, Washington,

which were editorially designated as pars. (59) and (60),

respectively.

Subsec. (b). Pub. L. 99-590, Sec. 501(b)(1)(A), substituted ''one

year from the date of designation of such component under

subsection (a) of this section'' for ''one year from October 2,

1968''.

Pub. L. 99-590, Sec. 501(b)(1)(B), which directed the amendment

of subsec. (b) as follows: ''Strike out the second parenthetical

statement, '(which boundaries shall include an average of not more

than 320 acres of land per mile measured from the ordinary high

water mark on both sides of the river)' '', could not be executed

because the quoted parenthetical statement did not appear in text.

Rather, the amendment was executed by substituting the quoted

parenthetical for ''(which boundaries shall include an average of

not more than three hundred and twenty acres per mile on both sides

of the river)'' as the probable intent of Congress in view of the

directory wording in H.R. 4350 as introduced, reported, and passed

by the House on Apr. 8, 1986, which read: ''Strike out the second

parenthetical statement and substitute the parenthetical

statement''.

Pub. L. 99-590, Sec. 501(b)(1)(C), struck out ''; and prepare a

plan for necessary developments in connection with its

administration in accordance with such classification'' after ''its

various segments''.

Pub. L. 99-590, Sec. 501(b)(2), substituted ''Notice of the

availability of the boundaries and classification, and of

subsequent boundary amendments'' for ''Said boundaries,

classification, and development plans''.

Subsecs. (c), (d). Pub. L. 99-590, Sec. 501(b)(3), added subsecs.

(c) and (d).

1984 - Subsec. (a)(16). Pub. L. 98-444, Sec. 1, inserted

''Notwithstanding any other provision of this chapter, the

installation and operation of facilities or other activities within

or outside the boundaries of the Pere Marquette Wild and Scenic

River for the control of the lamprey eel should be permitted

subject to such restrictions and conditions as the Secretary of

Agriculture may prescribe for the protection of water quality and

other values of the river, including the wild and scenic

characteristics of the river.''

Subsec. (a)(51). Pub. L. 98-444, Sec. 2, added par. (51) set out

second relating to Au Sable, Michigan.

Pub. L. 98-406 added par. (51) appearing first relating to Verde,

Arizona.

Subsec. (a)(52). Pub. L. 98-494 added par. (52) appearing second

relating to Illinois, Oregon.

Pub. L. 98-425 added par. (52) appearing first relating to

Tuolumne, California.

Subsec. (a)(53). Pub. L. 98-494 added par. (53).

1980 - Subsec. (a)(6). Pub. L. 96-580 authorized acquisition of

part of Velie Estate acreage.

Subsec. (a)(22). Pub. L. 96-344 substituted in provision

following subpar. (B) ''which shall be established'' for ''which

may be established''.

Subsec. (a)(24). Pub. L. 96-312 added par. (24).

Subsec. (a)(25) to (37). Pub. L. 96-487, Sec. 601, added pars.

(25) to (37).

Subsec. (a)(38) to (43). Pub. L. 96-487, Sec. 602, added pars.

(38) to (43).

Subsec. (a)(44) to (50). Pub. L. 96-487, Sec. 603, added pars.

(44) to (50).

1979 - Subsec. (a)(19). Pub. L. 96-87 substituted ''section

704(c) of the National Parks and Recreation Act of 1978'' for

''section 705(c) of the National Parks and Recreation Act of

1978''.

1978 - Subsec. (a)(10). Pub. L. 95-625, Sec. 755, increased

appropriations authorization for Chattooga River to $5,200,000 from

$2,000,000.

Subsec. (a)(16) to (23). Pub. L. 95-625, Sec. 701-703, 704(a),

705-708, added pars. (16) to (23).

Subsec. (b). Pub. L. 95-625, Sec. 763(a), inserted ''(except

where a different date is provided in subsection (a) of this

section)'' after ''one year from October 2, 1968''.

1976 - Subsec. (a)(3). Pub. L. 94-486, Sec. 601, inserted

''downstream from the confluence of its tributary streams one

kilometer south of Beckwourth, California;'' after ''entire Middle

Fork''.

Subsec. (a)(13). Pub. L. 94-486, Sec. 101, added par. (13).

Subsec. (a)(14). Pub. L. 94-486, Sec. 201, added par. (14).

Subsec. (a)(15). Pub. L. 94-486, Sec. 301, added par. (15).

1975 - Subsec. (a)(11), (12). Pub. L. 94-199 added pars. (11) and

(12).

1974 - Subsec. (a)(10). Pub. L. 93-279 added par. (10).

1972 - Subsec. (a)(9). Pub. L. 92-560 added par. (9).

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

''Frank Church - River of No Return Wilderness'' substituted in

subsec. (a)(24)(D) for ''River of No Return Wilderness'' pursuant

to Pub. L. 98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60, which

redesignated the River of No Return Wilderness as the Frank Church

- River of No Return Wilderness.

-MISC4-

PUERTO RICO; RIVERS OF CARIBBEAN NATIONAL FOREST; SPECIAL

MANAGEMENT CONSIDERATIONS; PRESERVATION OF COMMONWEALTH AUTHORITY

Pub. L. 107-365, Sec. 2(c), (d), Dec. 19, 2002, 116 Stat. 3028,

provided that the amendment by section 2(b) of Pub. L. 107-365 to

this section and the applicability of this chapter to segments of

the Rivers of Caribbean National Forest were not to be construed to

prevent various scientific research activities within the

boundaries of these river segments, but that those activities were

subject to such conditions as the Secretary of Agriculture

considered desirable, and provided that section 2 of Pub. L.

107-365, amending this section, did not limit the authority of the

Commonwealth of Puerto Rico over its waters and natural channels of

public domain.

NIOBRARA RIVER; DESIGNATION OF 6-MILE SEGMENT AS COMPONENT OF

NATIONAL WILD AND SCENIC RIVERS SYSTEM

Section 3(b) of Pub. L. 102-50 provided that: ''If, within 5

years after the date of enactment of this Act (May 24, 1991), funds

are not authorized and appropriated for the construction of a water

resources project on the 6-mile segment of the Niobrara River from

its confluence with Chimney Creek to its confluence with Rock

Creek, at the expiration of such 5-year period the 6-mile segment

shall be designated as a component of the National Wild and Scenic

Rivers System by operation of law, to be administered by the

Secretary of the Interior in accordance with sections 4 and 5 of

this Act (see below) and the applicable provisions of the Wild and

Scenic Rivers Act (16 U.S.C. 1271-1287). The Secretary of the

Interior shall publish notification to that effect in the Federal

Register.''

ALASKA; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS

Section 605 of Pub. L. 96-487 provided for administration of Wild

and Scenic River segments of following Alaska rivers: Alagnak,

Beaver Creek, Delta, Fortymile, Alatna, Aniakchak, Charley,

Chilikadrotna, John, Kobuk, Mulchatna, Noatak, North Fork of the

Koyukuk, Salmon, Tinayguk, Tlikakila, Andreafsky, Ivishak, Nowitna,

Selawik, Sheenjek, Wind, Birch Creek, Gulkana, Unalakleet, Mosquito

Fork, Champion Creek, Middle Fork, O'Brien Creek, Napoleon Creek,

Franklin Creek, Uhler Creek, Walker Fork, West Fork, Dennison Fork,

Logging Cabin Creek, Hutchinson Creek.

ARKANSAS; STATE MANAGEMENT OF SEGMENTS OF COSSATOT RIVER AND BRUSHY

CREEK

Section 3 of Pub. L. 102-275 provided that 10.4-mile segment of

the Cossatot River and 0.3-mile segment of the Brushy Creek

tributary were to be managed by the State of Arkansas as parts of

the Wild and Scenic Rivers System.

COLORADO; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF CACHE

LA POUDRE RIVER; NONINTERFERENCE WITH EXISTING DECREED WATER RIGHTS

Section 102 of Pub. L. 99-590 provided that inclusion of

designated portions of Cache la Poudre River in Wild and Scenic

Rivers System did not interfere with exercise of existing decreed

water rights to water which had theretofore been stored or diverted

by means of present capacity of storage, conveyance, or diversion

structures that existed as of Oct. 30, 1986, or operation and

maintenance of such structures, nor could inclusion of designated

portions of Cache la Poudre River in Wild and Scenic Rivers System

be utilized in any Federal proceeding, whether concerning a

license, permit, right-of-way, or other Federal action, as a reason

or basis to prohibit development or operation of any water

impoundments, diversion facilities, and hydroelectric power and

transmission facilities below Poudre Park located entirely

downstream from and potentially affecting designated portions of

Cache la Poudre River, or relocation of highway 14 to any point

east of the north-south half section line of section 2, township 8

north, range 71 west of the sixth principal meridian, as necessary

to provide access to Poudre Park around such facilities.

CONNECTICUT; MANAGEMENT OF WILD AND SCENIC RIVER SEGMENT OF

FARMINGTON RIVER; DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS

Sections 4 to 6 of Pub. L. 103-313 provided that Director of the

National Park Service represent Secretary of the Interior on the

Farmington River Coordinating Committee; directed Secretary to

offer to enter into cooperative agreements with the State, its

relevant political subdivisions, and Farmington River Watershed

Association to facilitate the long-term protection, conservation,

and enhancement of designated river segment; distinguished

implementation of this Act from National Park Service

administration of river segment and excluded river segment from

National Park System; provided for evaluation of proposed water

resources project; accepted local zoning ordinances; defined

''Committee'', ''Plan'', and ''Secretary''; and authorized the

appropriation of funds necessary to carry out Pub. L. 103-313.

DELAWARE AND PENNSYLVANIA; ADMINISTRATION OF WILD AND SCENIC RIVER

SEGMENTS OF WHITE CLAY CREEK

Pub. L. 106-357, Sec. 4-8, Oct. 24, 2000, 114 Stat. 1395, 1396,

provided for administration of Wild and Scenic River segments of

White Clay Creek, establishment of detailed boundaries, cooperative

agreements with White Clay Creek Watershed Management Committee,

representation of Secretary of the Interior by Director of the

National Park Service in implementation of management plan, and

authorization of the Secretary to provide assistance and funding

for implementation of management plan; required that existing State

and local zoning laws and ordinances be considered satisfactory

under section 1277(c) of this title with respect to White Clay

Creek river segments; and prohibited Federal acquisition of lands

or interests in lands along White Clay Creek river segments and

inclusion in National Park System.

FLORIDA; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF WEKIVA

RIVER

Pub. L. 106-299, Sec. 4-6, Oct. 13, 2000, 114 Stat. 1052-1054,

provided for administration of Wild and Scenic River segments of

Wekiva River, use of cooperative agreements, biennial review of

compliance with comprehensive management plan, reports to Congress

on deviations from such plans which could diminish value of river

segments, planning assistance to local political jurisdictions, and

establishment of the Wekiva River System Advisory Management

Committee; and authorized appropriations.

IDAHO; SALMON AND SNAKE RIVERS; CONSTRUCTION PROHIBITED ON RIVER

SEGMENTS

Pub. L. 100-677, Sec. 1, Nov. 17, 1988, 102 Stat. 4407,

prohibited Federal Energy Regulatory Commission from issuing any

preliminary permit, license, or exemption from licensing for

construction of any dam, diversion or bypass under Federal Power

Act (41 Stat. 1063), as amended (see section 791a of this title),

on: (1) the Salmon River, Idaho, from Long Tom Bar to the

confluence of the Snake River, or (2) the Snake River, Idaho, from

the eastward extension of the north boundary of section 1, township

5 north, range 47 east, Willamette Meridian to the pool formed

behind Lower Granite Dam, and provided that no dam may be

constructed on those segments of the Salmon or Snake Rivers.

IDAHO AND OREGON; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS

OF SNAKE RIVER AND RAPID RIVER

Section 3(b) of Pub. L. 94-199 provided for administration of

Wild and Scenic River segments of Snake River, Idaho and Oregon,

and Rapid River, Idaho.

MASSACHUSETTS; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF

SUDBURY, ASSABET, AND CONCORD RIVERS; AUTHORIZATION OF

APPROPRIATIONS

Pub. L. 106-20, Sec. 2(c)-(f), Apr. 9, 1999, 113 Stat. 31, 32,

provided for Federal role in management of Wild and Scenic River

segments of Sudbury, Assabet, and Concord Rivers, directed

Secretary of the Interior to consider extent to which proposed

water resources projects were consistent with management of river

segments, limited rights of United States Government to acquire

interests in land along river segments, and authorized $100,000 to

be appropriated for each fiscal year to carry out management plan.

MICHIGAN; ADMINISTRATION OF WILD, SCENIC, AND RECREATIONAL RIVER

SEGMENTS DESIGNATED UNDER MICHIGAN SCENIC RIVERS ACT OF 1991

Section 6 of Pub. L. 102-249 provided that Pub. L. 102-249, the

Michigan Scenic Rivers Act of 1991, did not enlarge, diminish, or

modify responsibilities of the State of Michigan regarding hunting,

fishing, and trapping with reference to designated river segments,

that facilities and activities for control of sea lamprey were

allowed, that traditional public access routes to designated river

segments were to be maintained with conditions, and that the Act

did not enlarge, diminish, or modify the limitation on land

acquisition contained in section 1277(b) of this title.

MINNESOTA AND WISCONSIN; ADMINISTRATION OF WILD AND SCENIC RIVER OF

LOWER SAINT CROIX RIVER

Sections 3-6 of Pub. L. 92-560 provided for administration of

Wild and Scenic River segments of Lower Saint Croix River along

Minnesota-Wisconsin border, acquisition of property, maintenance of

navigation rights, and authorization of appropriations.

MISSOURI; ADMINISTRATION OF ELEVEN POINT WILD AND SCENIC CORRIDOR

Pub. L. 102-220, Sec. 3, Dec. 11, 1991, 105 Stat. 1674,

authorized Secretary to manage lands, waters, and interests within

The Eleven Point Wild and Scenic Corridor pursuant to the

provisions of this chapter. See section 3 of Pub. L. 102-220 set

out as a note under section 539h of this title.

MONTANA; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENT OF

MISSOURI RIVER

Section 202 and 203 of Pub. L. 94-486, as amended Pub. L.

100-552, Sec. 5, Oct. 28, 1988, 102 Stat. 2768, provided for

administration of wild and scenic river segment of the Missouri

River known as Missouri Breaks Freeflowing River segment,

establishment of detailed boundaries, acquisition of lands and

interests in lands, and construction of visitor facilities in or

near Fort Benton.

NEW HAMPSHIRE; LAMPREY RIVER ADVISORY COMMITTEE

Section 405(b) of title IV of div. I of Pub. L. 104-333, as

amended by Pub. L. 106-176, title I, Sec. 106(b), Mar. 10, 2000,

114 Stat. 26; Pub. L. 106-192, Sec. 2(b)(1), May 2, 2000, 114 Stat.

233, provided that Secretary of the Interior coordinate his

management responsibilities with respect to Lamprey River, New

Hampshire, with Lamprey River Advisory Committee, that zoning

ordinances adopted by towns of Epping, Durham, Lee, and Newmarket,

New Hampshire, be deemed to satisfy section 1277(c) of this title,

and that Secretary's land acquisition be limited to acquisition by

donation or acquisition with consent of donor and be subject to

additional criteria of Lamprey River Management Plan.

NEW JERSEY; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF

MAURICE AND MANUMUSKIN RIVERS AND MENANTICO AND MUSKEE CREEKS

Section 3 of Pub. L. 103-162 provided for administration of Wild

and Scenic River segments of Maurice and Manumuskin Rivers and

Menantico and Muskee Creeks, New Jersey, planning assistance to

local political subdivisions, segment additions, and appropriations

to carry out administrative functions.

NEW JERSEY; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF

GREAT EGG HARBOR RIVER

Section 2 of Pub. L. 102-536 provided for administration of Wild

and Scenic River segments of Great Egg Harbor River, New Jersey,

review of local river management plans, biennial review of

compliance with local river management plans, reports to Congress

on deviations from such plans which could diminish value of river

segments, and authorization of appropriations.

NEW JERSEY AND PENNSYLVANIA; ADMINISTRATION OF WILD AND SCENIC

RIVER SEGMENTS OF LOWER DELAWARE RIVER AND ASSOCIATED TRIBUTARIES

Pub. L. 106-418, Sec. 4, 5, Nov. 1, 2000, 114 Stat. 1818, 1821,

provided for administration of Wild and Scenic River segments of

Lower Delaware River in accordance with the Lower Delaware River

Management Plan and in cooperation with Federal, State, regional,

and local agencies, provided that the Plan be considered to satisfy

subsec. (d) of this section, provided that zoning ordinances of

municipalities bordering the segments be considered to satisfy

section 1277(c) of this title, and contained provisions relating to

consideration of the effect of proposed water resources projects on

the segments, requirements for cooperative agreements, provision by

the Secretary of the Interior of planning, financial, and technical

assistance, designation of certain additional segments as a

recreational river or scenic river, and authorization of

appropriations.

NEW MEXICO; RIO GRANDE CITIZENS ADVISORY BOARD

Section 4 of Pub. L. 103-242 directed Secretary of the Interior,

acting through Director of the Bureau of Land Management, to obtain

and consider views of residents of village of Pilar and of owners

of property adjoining Rio Grande River segments concerning

implementation of Pub. L. 103-242.

NEW YORK AND PENNSYLVANIA; ADMINISTRATION OF WILD AND SCENIC RIVER

SEGMENT OF UPPER DELAWARE RIVER

Section 704(b)-(j) of Pub. L. 95-625, as amended Pub. L. 96-87,

title IV, Sec. 401(p)(2), Oct. 12, 1979, 93 Stat. 666; Pub. L.

100-412, Sec. 1, Aug. 22, 1988, 102 Stat. 1100, provided for

administration of Upper Delaware River along New York-Pennsylvania

border between Hancock, New York, and Sparrow Bush, New York,

including creation of Upper Delaware Citizens Advisory Council. See

also Pub. L. 106-119, Dec. 3, 1999, 113 Stat. 1604.

PENNSYLVANIA; ALLEGHENY RIVER; DESIGNATION OF SEGMENTS AS WILD AND

SCENIC RIVER; ADVISORY COUNCILS; ADMINISTRATION; AUTHORIZATION OF

APPROPRIATIONS

Sections 1, 2, 3, and 6 of Pub. L. 102-271 provided that the

designated portions of the Allegheny River were so designated in

order to preserve and protect for present and future generations

outstanding scenic, natural, recreational, scientific, historic,

and ecological values and to protect, preserve, and enhance the

fisheries resources associated with the designated segments,

directed the Secretary of Agriculture to establish advisory

councils to advise the Secretary on the establishment of final

boundaries and management of river segments, directed the Secretary

of Agriculture to take the necessary steps for the administration

of the designated river segments, and authorized the appropriation

of the funds necessary to carry out Pub. L. 102-271, which amended

sections 1274 and 1276 of this title.

OREGON; ADMINISTRATION OF INDIAN TREATY LANDS AND AUTHORIZATION OF

APPROPRIATIONS FOR WILD AND SCENIC RIVER SEGMENTS

Sections 105 and 106 of Pub. L. 100-557 provided for

administration of, and authorization of appropriations for,

segments of the following Oregon rivers: Big Marsh Creek, Chetco,

Clackamas, Crescent Creek, Crooked, Deschutes, Donner and Blitzen,

Eagle Creek, Elk, Grant Ronde, Imnaha, John Day, Joseph Creek,

Little Deschutes, Lostine, Malheur, McKenzie, Metolius, Minam,

North Fork Crooked, North Fork John Day, North Fork Malheur, North

Fork of the Middle Fork of the Millamette, North Fork Owyhee, North

Fork Smith, North Fork Sprague, North Powder, North Umpqua, Powder,

Quartzville Creek, Roaring, Salmon, Sandy, South Fork John Day,

Squaw Creek, Sycan, Upper Rogue, Wenaha, West Little Owyhee, and

White.

SOUTH DAKOTA AND NEBRASKA; ADMINISTRATION OF WILD AND SCENIC RIVER

SEGMENTS OF NIOBRARA AND MISSOURI RIVERS

Pub. L. 102-50, Sec. 4-7, 8, formerly Sec. 9, May 24, 1991, 105

Stat. 255-258; Sec. 9 renumbered Sec. 8, Pub. L. 105-362, title IX,

Sec. 901(g)(2), Nov. 10, 1998, 112 Stat. 3290, set acreage limits

on lands acquired by Secretary of the Interior along the segments

of the Niobrara River designated under section 2 of Pub. L. 102-50,

provided for establishment of the Niobrara Scenic River Advisory

Commission, required establishment of a recreational river advisory

group by Secretary to be consulted in the administration of the

segment of the Missouri River designated under section 2 of Pub. L.

102-50, directed that the designation of the river segment not

place any additional requirements on placement of bridges,

authorized use of erosion control techniques to protect water

resource values along designated river segment, called for study of

feasibility and suitability of possible designation of lands in

Knox and Boyd Counties, Nebraska, as a national recreation area,

and authorized appropriation of sums necessary to carry out

provisions of Pub. L. 102-50.

WEST VIRGINIA; WILD AND SCENIC RIVER SEGMENTS OF BLUESTONE AND

MEADOW RIVERS; PUBLIC AWARENESS PROGRAM

Section 403 of Pub. L. 100-534 directed Secretary of the Interior

to establish a public awareness program to be carried out in

Mercer, Nicholas, and Greenbrier Counties, West Virginia, in

cooperation with State and local agencies, landowners, and other

concerned organizations, to further public understanding of the

effects of designation as components of National Wild and Scenic

Rivers System of segments of Bluestone and Meadow Rivers which were

found eligible in studies completed by National Park Service in

August 1983 but which were not designated as units of such system,

with Secretary to submit a report to Committee on Interior and

Insular Affairs of United States House of Representatives and to

Committee on Energy and Natural Resources of United States Senate

by Dec. 31, 1992, describing the program.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460gg, 460gg-4, 544k,

1275, 1277, 1278, 1279, 1280, 1283, 1285b, 1287 of this title.

-CITE-

16 USC Sec. 1275 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1275. Additions to national wild and scenic rivers system

-STATUTE-

(a) Reports by Secretaries of the Interior and Agriculture;

recommendations to Congress; contents of reports

The Secretary of the Interior or, where national forest lands are

involved, the Secretary of Agriculture or, in appropriate cases,

the two Secretaries jointly shall study and submit to the President

reports on the suitability or nonsuitability for addition to the

national wild and scenic rivers system of rivers which are

designated herein or hereafter by the Congress as potential

additions to such system. The President shall report to the

Congress his recommendations and proposals with respect to the

designation of each such river or section thereof under this

chapter. Such studies shall be completed and such reports shall be

made to the Congress with respect to all rivers named in section

1276(a) (1) through (27) of this title no later than October 2,

1978. In conducting these studies the Secretary of the Interior and

the Secretary of Agriculture shall give priority to those rivers

(i) with respect to which there is the greatest likelihood of

developments which, if undertaken, would render the rivers

unsuitable for inclusion in the national wild and scenic rivers

system, and (ii) which possess the greatest proportion of private

lands within their areas. Every such study and plan shall be

coordinated with any water resources planning involving the same

river which is being conducted pursuant to the Water Resources

Planning Act (42 U.S.C. 1962 et seq.).

Each report, including maps and illustrations, shall show among

other things the area included within the report; the

characteristics which do or do not make the area a worthy addition

to the system; the current status of land ownership and use in the

area; the reasonably foreseeable potential uses of the land and

water which would be enhanced, foreclosed, or curtailed 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

substantially within a national forest, shall be the Department of

Agriculture) by which it is proposed the area, should it be added

to the system, be administered; the extent to which it is proposed

that such administration, including the costs thereof, be shared by

State and local agencies; and the estimated cost to the United

States of acquiring necessary lands and interests in 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.

(b) Study of report by affected Federal and State officials;

recommendations and comments; transmittal to President and

Congress

Before submitting any such report to the President and the

Congress, copies of the proposed report shall, unless it was

prepared jointly by the Secretary of the Interior and the Secretary

of Agriculture, be submitted by the Secretary of the Interior to

the Secretary of Agriculture or by the Secretary of Agriculture to

the Secretary of the Interior, as the case may be, and to the

Secretary of the Army, the Secretary of Energy, the head of any

other affected Federal department or agency and, unless the lands

proposed to be included in the area are already owned by the United

States or have already been authorized for acquisition by Act of

Congress, the Governor of the State or States in which they are

located or an officer designated by the Governor to receive the

same. Any recommendations or comments on the proposal which the

said officials furnish the Secretary or Secretaries who prepared

the report within ninety days of the date on which the report is

submitted to them, together with the Secretary's or Secretaries'

comments thereon, shall be included with the transmittal to the

President and the Congress.

(c) Publication in Federal Register

Before approving or disapproving for inclusion in the national

wild and scenic rivers system any river designated as a wild,

scenic or recreational river by or pursuant to an act of a State

legislature, the Secretary of the Interior shall submit the

proposal to the Secretary of Agriculture, the Secretary of the

Army, the Secretary of Energy, and the head of any other affected

Federal department or agency and shall evaluate and give due weight

to any recommendations or comments which the said officials furnish

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 in the Federal Register.

(d) Areas comprised by boundaries; scope of study report

The boundaries of any river proposed in section 1276(a) of this

title for potential addition to the National Wild and Scenic Rivers

System shall generally comprise that area measured within

one-quarter mile from the ordinary high water mark on each side of

the river. In the case of any designated river, prior to

publication of boundaries pursuant to section 1274(b) of this

title, the boundaries also shall comprise the same area. This

subsection shall not be construed to limit the possible scope of

the study report to address areas which may lie more than

one-quarter mile from the ordinary high water mark on each side of

the river.

-SOURCE-

(Pub. L. 90-542, Sec. 4, Oct. 2, 1968, 82 Stat. 909; Pub. L.

93-279, Sec. 1(b)(1), May 10, 1974, 88 Stat. 122; Pub. L. 93-621,

Sec. 1(d), Jan. 3, 1975, 88 Stat. 2096; Pub. L. 94-486, title V,

Sec. 501, Oct. 12, 1976, 90 Stat. 2330; Pub. L. 95-91, title III,

Sec. 301(b), Aug. 4, 1977, 91 Stat. 578; Pub. L. 99-590, title V,

Sec. 502, Oct. 30, 1986, 100 Stat. 3335.)

-REFTEXT-

REFERENCES IN TEXT

The Water Resources Planning Act, referred to in subsec. (a), is

Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is

classified generally to chapter 19B (Sec. 1962 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

1962 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1986 - Subsec. (d). Pub. L. 99-590 added subsec. (d).

1976 - Subsec. (b). Pub. L. 94-486 struck out provision which

directed that no river be added to the national wild and scenic

river system after October 2, 1968, until the close of the next

full session of the State legislature or legislatures, if more than

one State was involved, which began following submission of the

proposed addition to the President.

1975 - Subsec. (a). Pub. L. 93-621, in first paragraph,

designated provision relating to the developments, which, if

undertaken, would render the rivers unsuitable for inclusion in the

system as cl. (i), and added cl. (ii).

1974 - Subsec. (a). Pub. L. 93-279, in first paragraph,

substituted provisions requiring submission of reports to the

President on the suitability or nonsuitability for addition to the

national wild and scenic river system of rivers designated by

Congress as potential additions to such system, and submission by

President of recommendations and proposals to the Congress, for

provisions for submission of proposals to the President and the

Congress, struck out reference to section 1273(b) of this title and

administration by an agency of the United States, inserted

provisions that the studies relating to rivers named in section

1276(a) of this title be completed by Oct. 2, 1978, and that the

Secretary of the Interior and the Secretary of Agriculture give

priority to rivers which may be unsuitable for inclusion in the

national wild and scenic river system if developments were

undertaken, and in second paragraph, substantially incorporated the

existing provisions with minor changes.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Chairman of the Federal

Power Commission'' in subsecs. (b) and (c) pursuant to Pub. L.

95-91, Sec. 301(b), which is classified to section 7151(b) of Title

42, The Public Health and Welfare.

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42.

-CITE-

16 USC Sec. 1276 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1276. Rivers constituting potential additions to national wild

and scenic rivers system

-STATUTE-

(a) Enumeration of designated rivers

The following rivers are hereby designated for potential addition

to the national wild and scenic rivers system:

(1) Allegheny, Pennsylvania: The segment from its mouth to the

town of East Brady, Pennsylvania.

(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

confluence 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

from its headwaters to its confluence with the South Fork; and the

South Fork from 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 Columbiana County from a point

in the vicinity of Negly and Elkton, Ohio, downstream to a point in

the vicinity of East Liverpool, Ohio.

(11) Little Miami, Ohio: That segment of the main stem of the

river, exclusive of its tributaries, from a point at the

Warren-Clermont County line at Loveland, Ohio, upstream to the

sources of Little Miami including North Fork.

(12) Maumee, Ohio and Indiana: The main stem from Perrysburg,

Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in Ohio

and inclusive of its tributaries in Indiana.

(13) Missouri, Montana: The segment between Fort Benton and Ryan

Island.

(14) Moyie, Idaho: The segment from the Canadian border to its

confluence with the Kootenai River.

(15) Obed, Tennessee: The entire river and its tributaries, Clear

Creek and Daddys Creek.

(16) Penobscot, Maine: Its east and west branches.

(17) Pere Marquette, Michigan: 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 County

on the United States side of the river: Provided, That before

undertaking any study of this potential scenic river, the Secretary

of the Interior shall determine, through the channels of

appropriate executive agencies, that Mexico has no objection to its

being included among the studies authorized by this chapter.

(21) Saint Croix, Minnesota and Wisconsin: The segment between

the dam 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.

(24) Skagit, Washington: The segment from the town of Mount

Vernon to and including the mouth of Bacon Creek; the Cascade River

between its mouth and the junction of its North and South Forks;

the South Fork to the boundary of the Glacier Peak Wilderness Area;

the Suiattle River from its mouth to the Glacier Peak Wilderness

Area boundary at Milk Creek; 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 Fork of the Sauk to the Glacier Peak

Wilderness Area boundary.

(25) Suwannee, Georgia and Florida: The entire river from its

source in the Okefenokee Swamp in Georgia to the gulf and the

outlying Ichetucknee Springs, Florida.

(26) Upper Iowa, Iowa: The entire river.

(27) Youghiogheny, Maryland and Pennsylvania: The segment from

Oakland, Maryland, to the Youghiogheny Reservoir, and from the

Youghiogheny Dam downstream to the town of Connellsville,

Pennsylvania.

(28) American, California: The North Fork from the Cedars to the

Auburn Reservoir.

(29) Au Sable, Michigan: The segment downstream from Foot Dam to

Oscoda, and upstream from Loud Reservoir to its source, including

its principal tributaries and excluding Mio and Bamfield

Reservoirs.

(30) Big Thompson, Colorado: The segment from its source to the

boundary of Rocky Mountain National Park.

(31) Cache la Poudre, Colorado: Both forks from their sources to

their confluence, thence the Cache la Poudre to the eastern

boundary of Roosevelt National Forest.

(32) Cahaba, Alabama: The segment from its junction with United

States Highway 31 south of Birmingham downstream to its junction

with United States Highway 80 west of Selma.

(33) Clark's Fork, Wyoming: The segment from the Clark's Fork

Canyon to the Crandall Creek Bridge.

(34) Colorado, Colorado and Utah: The segment from its confluence

with the Dolores River, Utah, upstream to a point 19.5 miles from

the Utah-Colorado border in Colorado.

(35) Conejos, Colorado: The three forks from their sources to

their confluence, 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,

including the tributaries and headwaters.

(38) Green, Colorado: The entire segment within the State of

Colorado.

(39) Gunnison, Colorado: The segment from the upstream (southern)

boundary of the Black Canyon of the Gunnison National Monument to

its confluence with the North Fork.

(40) Illinois, Oklahoma: The segment from Tenkiller Ferry

Reservoir upstream to the Arkansas-Oklahoma border, including the

Flint and Barren Fork Creeks.

(41) John Day, Oregon: The main stem from Service Creek Bridge

(at river mile 157) downstream to Tumwater Falls (at river mile

10).

(42) Kettle, Minnesota: The entire segment within the State of

Minnesota.

(43) Los Pinos, Colorado: The segment from its source, including

the tributaries and headwaters within the San Juan Primitive Area,

to the northern boundary of the Granite Peak Ranch.

(44) Manistee, Michigan: The entire river from its source to

Manistee Lake, including its principal tributaries and excluding

Tippy and Hodenpyl Reservoirs.

(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

Colorado Highway 160.

(48) Shepaug, Connecticut: The entire river.

(49) Sipsey Fork, West Fork, Alabama: The segment, including its

tributaries, from the impoundment formed by the Lewis M. Smith Dam

upstream to its source in the William B. Bankhead National Forest.

(50) Snake, Wyoming: The segment from the southern boundaries of

Teton National Park to the entrance to Palisades Reservoir.

(51) Sweetwater, Wyoming: The segment from Wilson Bar downstream

to Spring Creek.

(52) Tuolumne, California: The main river from its source on

Mount Dana and Mount Lyell in Yosemite National Park to Don Pedro

Reservoir.

(53) Upper Mississippi, Minnesota: The segment from its source at

the outlet of Itasca Lake to its junction with the northwestern

boundary of the city of Anoka.

(54) Wisconsin, Wisconsin: The segment from Prairie du Sac to its

confluence with the Mississippi River at Prairie du Chien.

(55) Yampa, Colorado: The segment within the boundaries of the

Dinosaur National Monument.

(56) Dolores, Colorado: The segment of the main stem from Rico

upstream to its source, including its headwaters; the West Dolores

from its source, including its headwaters, downstream to its

confluence with the main stem; and the segment from the west

boundary, section 2, township 38 north, range 16 west, NMPM, below

the proposed McPhee Dam, downstream to the Colorado-Utah border,

excluding the segment from one mile above Highway 90 to the

confluence of the San Miguel River.

(57) Snake, Washington, Oregon, and Idaho: The segment from an

eastward extension of the north boundary of section 1, township 5

north, range 47 east, Willamette meridian, downstream to the town

of Asotin, Washington.

(58) Housatonic, Connecticut: The segment from the

Massachusetts-Connecticut boundary downstream to its confluence

with the Shepaug River.

(59) Kern, California: The main stem of the North Fork from its

source to Isabella Reservoir excluding its tributaries.

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

tributary, North Fork.

(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 (north of Buck Mountain) downstream to Arizona State

Highway 288.

(63) Verde, Arizona: The main stem from the Prescott National

Forest boundary near Paulden to the vicinity of Table Mountain,

approximately 14 miles above Horseshoe Reservoir, except for the

segment not included in the national forest between Clarkdale and

Camp Verde, North segment.

(64) San Francisco, Arizona: The main stem from confluence with

the Gila upstream to the Arizona-New Mexico border, except for the

segment between 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

Stone County.

(67) Allegheny, Pennsylvania: The main stem from Kinzua Dam

downstream 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 the Escatawpa River and Jackson Creek to a point where the

Escatawpa River is joined by the Yellowhouse Branch in Washington

County, Alabama, near the town of Deer Park, Alabama; and the

segment of Brushy Creek upstream from its confluence with the

Escatawpa to its confluence with Scarsborough Creek.

(70) Myakka, Florida: The segment south of the southern boundary

of the Myakka River State Park.

(71) Soldier Creek, Alabama: The segment beginning at the point

where Soldier 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, township 8 south, range 6 east, which point is

1,322 feet west of the south line of section 5, township 8 south,

range 6 east in the county of Baldwin, State of Alabama.

(72) Red, Kentucky: The segment from Highway numbered 746 (also

known as Spradlin Bridge) in Wolf County, Kentucky, downstream to

the point where the river descends below seven hundred feet above

sea level (in its normal flow) which point is at the Menifee and

Powell County line just downstream of the iron bridge where

Kentucky Highway numbered 77 passes over the river.

(73) Bluestone, West Virginia: From its headwaters to its

confluence with the New.

(74) Gauley, West Virginia: Including the tributaries of the

Meadow and the Cranberry, from the headwaters to its confluence

with the New.

(75) Greenbrier, West Virginia: From its headwaters to its

confluence with the New.

(76) Birch, West Virginia: The main stem from the Cora Brown

Bridge in Nicholas County to the confluence of the river with the

Elk River in Braxton 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.

(89) Wildcat Brook, New Hampshire: The segment from its

headwaters including the principal tributaries to its confluence

with the Ellis River. The study authorized in this paragraph shall

be completed no later than six years from June 19, 1984, and an

interim report shall be prepared and submitted to the Congress no

later than three years from June 19, 1984.

(90) Horsepasture, North Carolina: The segment from Bohaynee Road

(N.C. 281) downstream to Lake Jocassee.

(91) The North Umpqua, Oregon: The segment from the Soda Springs

Powerhouse to the confluence of Rock Creek. The provisions of

section 1278(a) of this title shall apply to tributary Steamboat

Creek in the same manner as such provisions apply to the rivers

referred to in such section 1278(a) of this title. The Secretary

of Agriculture shall, in the Umpqua National Forest plan, provide

that management practices for Steamboat Creek and its immediate

environment conserve, protect, and enhance the anadromous fish

habitat and population.

(92) Farmington, West Branch, Connecticut and Massachusetts: The

segment from the intersection of the New Hartford-Canton,

Connecticut, town line upstream to the base of the West Branch

Reservoir in Hartland, Connecticut; and the segment from the

confluence with Thorp Brook in Sandisfield, Massachusetts, to

Hayden Pond in Otis, Massachusetts.

(93) Great Egg Harbor River, New Jersey: The entire river.

(94) Klickitat, Washington: The segment from the southern

boundary of the Yakima Indian Reservation, Washington, as described

in the Treaty with the Yakimas of 1855 (12 Stat. 951), and as

acknowledged by the Indian Claims Commission in Yakima Tribe of

Indians v. U.S., 16 Ind. Cl. Comm. 536 (1966), to its confluence

with the Little Klickitat River, Washington: Provided, That said

study shall be carried on in consultation with the Yakima Indian

Nation and shall include a determination of the degree to which the

Yakima Indian Nation should participate in the preservation and

administration of the river segment should it be proposed for

inclusion in the Wild and Scenic Rivers system.

(95) White Salmon, Washington: The segment from its confluence

with Trout Lake Creek, Washington, to its confluence with Gilmer

Creek, Washington, near the town of B Z Corner, Washington.

(96) Maurice, New Jersey. - The segment from Shell Pile to the

point three miles north of Laurel Lake.

(97) Manumuskin, New Jersey. - The segment from its confluence

with the Maurice River to the crossing of State Route 49.

(98) Menantico Creek, New Jersey. - The segment from its

confluence with the Maurice River to its source.

(99) Merced, California. - The segment from a point 300 feet

upstream of the confluence with Bear Creek downstream to the point

of maximum flood control storage of Lake McClure (elevation 867

feet mean sea level).

(100) Blue, Oregon. - The segment from its headwaters to the Blue

River Reservoir; by the Secretary of Agriculture.

(101) Chewaucan, Oregon. - The segment from its headwaters to the

Paisley Urban Growth boundary to be studied in cooperation with,

and integrated with, the Klamath River Basin Plan; by the Secretary

of Agriculture.

(102) North Fork Malheur, Oregon. - The segment from the Malheur

National Forest boundary to Beulah Reservoir; by the Secretary of

the Interior.

(103) South Fork McKenzie, Oregon. - The segments from its

headwaters to the upper end of Cougar Reservoir and from the lower

end of Cougar Reservoir to its confluence with the McKenzie River;

by the Secretary of Agriculture.

(104) Steamboat Creek, Oregon. - The entire creek; by the

Secretary of Agriculture.

(105) Wallowa, Oregon. - The segment from its confluence with the

Minam River to its confluence with the Grande Ronde River; by the

Secretary of Agriculture.

(106) Merrimack River, New Hampshire. - The segment from its

origin at the confluence of the Pemigewasset and Winnipesaukee

Rivers in Franklin, New Hampshire, to the backwater impoundment at

Hooksett Dam, excluding the Garvins Falls Dam and its impoundment.

(107) Pemigewasset, New Hampshire. - The segments from Profile

Lake downstream to the southern boundary of the Franconia Notch

State Park and from the northern Thornton town-line downstream to

the backwater of the Ayers Island Dam; by the Secretary of the

Interior.

(108) St. Marys River, Florida and Georgia. - The segment from

its headwaters to its confluence with the Bells River.

(109) Mills River, North Carolina. - The North Fork from the

bottom of the spillway of the Hendersonville Reservoir downstream

to its confluence with the South Fork; the South Fork from its

confluence with the Pigeon Branch downstream to its confluence with

the North Fork; and the main stem from the confluence of the North

and South Forks downstream to a point 750 feet upstream from the

centerline of North Carolina Highway 191/280.

(110) Sudbury, Assabet, and Concord, Massachussets. (FOOTNOTE 1)

- The segment of the Sudbury from the Danforth Street Bridge in the

town of Framingham, to its confluence with the Assabet, the Assabet

from 1,000 feet downstream of the Damon Mill Dam in Concord to its

confluence with the Sudbury and the Concord from the confluence of

the Sudbury and Assabet downstream to the Route 3 Bridge in the

town of Billerica. The study of such river segments shall be

completed and the report submitted thereon not later than at the

end of the third fiscal year beginning after November 28, 1990.

(FOOTNOTE 1) So in original. Probably should be

''Massachusetts.''

(111) Niobrara, Nebraska. - The 6-mile segment of the river from

its confluence with Chimney Creek to its confluence with Rock

Creek.

(112) Lamprey, New Hampshire. - The segment from the southern Lee

town line downstream to the confluence with Woodman's Brook at the

base of Sullivan Falls in Durham.

(113) White Clay Creek, Delaware and Pennsylvania. - The

headwaters of the river in Pennsylvania to its confluence with the

Christina River in Delaware, including the East, West, and Middle

Branches, Middle Run, Pike Creek, Mill Creek, and other main

branches and tributaries as determined by the Secretary of the

Interior (herein after referred to as the White Clay Creek).

(114) Brule, Michigan and Wisconsin. - The 33-mile segment from

Brule Lake in the northeast quarter of section 15, township 41

north, range 13 east, to the National Forest boundary at the

southeast quarter of section 31, township 41 north, range 17 east.

(115) Carp, Michigan. - The 7.6-mile segment from its origin at

the confluence of the outlets of Frenchman Lake and Carp Lake in

section 26, township 44 north, range 6 west, to the west section

line of section 30, township 43 north, range 5 west.

(116) Little Manistee, Michigan. - The 42-mile segment within the

Huron-Manistee National Forest.

(117) White, Michigan. - The 75.4-mile segment within the

Huron-Manistee National Forest as follows:

(A) The 30.8-mile segment of the main stem from U.S. 31 to the

Huron-Manistee National Forest boundary at the north line of

section 2, township 13 north, range 15 west, 1.5 miles southwest

of Hesperia.

(B) The 18.9-mile segment of the South Branch White from the

Huron-Manistee National Forest boundary east of Hesperia at the

west line of section 22, township 14 north, range 14 west, to

Echo Drive, section 6, township 13 north, range 12 west.

(C) The 25.7-mile segment of the North Branch White from its

confluence with the South Branch White in section 25, township 13

north, range 16 west, to McLaren Lake in section 11, township 14

north, range 15 west.

(118) Ontonagon, Michigan. - The 32-mile segment of the Ontonagon

as follows:

(A) The 12-mile segment of the West Branch from the Michigan

State Highway 28 crossing to Cascade Falls.

(B) The 20-mile segment of the South Branch from the confluence

of the Cisco Branch and Tenmile Creek to the confluence with the

West Branch Ontonagon.

(119) Paint, Michigan. - The 70-mile segment as follows:

(A) 34 miles of the mainstream beginning at the eastern

boundary of the Ottawa National Forest in section 1, township 44

north, range 35 west, to the city of Crystal Falls.

(B) 15 miles of the mainstream of the Net River from its

confluence with the east and west branches to its confluence with

the mainstream of the Paint River.

(C) 15 miles of the east branch of the Net River from its

source in section 8, township 47 north, range 32 west, to its

confluence with the mainstream of the Net River in section 24,

township 46 north, range 34 west.

(D) 14 miles of the west branch of the Net River from its

source in section 35, township 48 north, range 34 west, to its

confluence with the mainstream of the Net River in section 24,

township 46 north, range 34 west.

(120) Presque Isle, Michigan. - The 13-mile segment of the

mainstream from Minnewawa Falls to Lake Superior.

(121) Sturgeon, Ottawa National Forest, Michigan. - The 36-mile

segment of the mainstream from the source at Wagner Lake in section

13, township 49 north, range 31 west, to the eastern boundary of

the Ottawa National Forest in section 12, township 48 north, range

35 west.

(122) Sturgeon, Hiawatha National Forest, Michigan. - The

18.1-mile segment from Sixteen Mile Lake to the north line of

section 26, township 43 north, range 19 west.

(123) Tahquamenon, Michigan. - The 103.5-mile segment as follows

-

(A) the 90-mile segment of the mainstream beginning at the

source in section 21, township 47 north, range 12 west, to the

mouth at Whitefish Bay; and

(B) the 13.5-mile segment of the east branch from the western

boundary of the Hiawatha National Forest in section 19, township

46 north, range 6 west, to its confluence with the mainstream.

(124) Whitefish, Michigan. - The 26-mile segment of the West

Branch Whitefish from its source in section 26, township 46 north,

range 23 west, to County Road 444.

(125) Clarion, Pennsylvania. - The segment of the main stem of

the river from Ridgway to its confluence with the Allegheny River.

The Secretary of Agriculture shall conduct the study of such

segment.

(126) Mill Creek, Jefferson and Clarion Counties, Pennsylvania. -

The segment of the main stem of the creek from its headwaters near

Gumbert Hill in Jefferson County, downstream to the confluence with

the Clarion River.

(127) Piru Creek, California. - The segment of the main stem of

the creek from its source downstream to the maximum pool of Pyramid

Lake and the segment of the main stem of the creek beginning 300

feet below the dam at Pyramid Lake downstream to the maximum pool

at Lake Piru, for a total distance of approximately 49 miles.

(128) Little Sur River, California. - The segment of the main

stem of the river from its headwaters downstream to the Pacific

Ocean, a distance of approximately 23 miles. The Secretary of

Agriculture shall consult with the Big Sur Multiagency Advisory

Council during the study of the river.

(129) Matilija Creek, California. - The segment from its

headwaters to its junction with Murietta Canyon, a distance of

approximately 16 miles.

(130) Lopez Creek, California. - The segments from its headwaters

to Lopez Reservoir, a distance of approximately 11 miles.

(131) Sespe Creek, California. - The segment from Chorro Grande

Canyon downstream to its confluence with Rock Creek and Howard

Creek, a distance of about 10.5 miles.

(132) North Fork Merced, California. - The segment from its

headwaters to its confluence with the Merced River, by the

Secretary of Agriculture and the Secretary of the Interior.

(133) Delaware River, Pennsylvania and New Jersey. - (A) The

approximately 3.6-mile segment from the Erie Lackawanna Railroad

Bridge to the southern tip of Dildine Island.

(B) The approximately 2-mile segment from the southern tip of

Mack Island to the northern border of the town of Belvidere, New

Jersey.

(C) The approximately 12.5-mile segment from the southern border

of the town of Belvidere, New Jersey, to the northern border of the

city of Easton, Pennsylvania, excluding river mile 196.0 to 193.8.

(D) The approximately 9.5-mile segment from the southern border

of the town of Phillipsburg, New Jersey, to a point just north of

the Gilbert Generating Station.

(E) The approximately 14.2-mile segment from a point just south

of the Gilbert Generating Station to a point just north of the

Point Pleasant Pumping Station.

(F) The approximately 6.5-mile segment from a point just south of

the Point Pleasant Pumping Station to the north side of the Route

202 bridge.

(G) The approximately 6-mile segment from the southern boundary

of the town of New Hope, Pennsylvania, to the town of Washington

Crossing, Pennsylvania.

(H) The Cook's Creek tributary.

(I) The Tinicum Creek tributary.

(J) The Tohickon Creek tributary.

(134) New River, West Virginia and Virginia. - The segment

defined by public lands commencing at the U.S. Route 460 bridge

over the New River in Virginia to the maximum summer pool elevation

(one thousand four hundred and ten feet above mean sea level) of

Bluestone Lake in West Virginia; by the Secretary of the Interior.

Nothing in this chapter shall affect or impair the management of

the Bluestone project or the authority of any department, agency or

instrumentality of the United States to carry out the project

purposes of that project as of October 26, 1992. The study of the

river segment identified in this paragraph shall be completed and

reported on within one year after October 26, 1992.

(135) Rio Grande, New Mexico. - The segment from the west section

line of Section 15, Township 23 North, Range 10 East, downstream

approximately 8 miles to the southern line of the northwest quarter

of Section 34, Township 23 North, Range 9 East.

(136) Wekiva River, Florida. - (A) The entire river.

(B) The Seminole Creek tributary.

(C) The Rock Springs Run tributary.

(137) Taunton River, Massachusetts. - The segment downstream from

the headwaters, from the confluence of the Town River and the

Matfield River in Bridgewater to the confluence with the Forge

River in Raynham, Massachusetts.

(138) Eightmile River, Connecticut. - The segment from its

headwaters downstream to its confluence with the Connecticut River.

(b) Studies and reports

(1) The studies of rivers named in subparagraphs (28) through

(55) of subsection (a) of this section shall be completed and

reports thereon submitted by not later than October 2, 1979:

Provided, That with respect to the rivers named in subparagraphs

(33), (50), and (51), the Secretaries shall not commence any

studies until (i) the State legislature has acted with respect to

such rivers or (ii) one year from January 3, 1975, whichever is

earlier. Studies of the river (FOOTNOTE 2) named in paragraphs

(38), (55), (83), and (87) shall be completed and the reports

transmitted to the Congress not later than January 1, 1987.

(FOOTNOTE 2) So in original. Probably should be ''rivers''.

(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 not later than January 3, 1976.

(3) The studies of the rivers named in paragraphs (59) through

(76) of subsection (a) of this section shall be completed and

reports submitted thereon not later than five full fiscal years

after November 10, 1978. The study of rivers named in paragraphs

(62) through (64) of subsection (a) of this section shall be

completed and the report thereon submitted by not later than April

1981. The study of the river named in paragraph (90) of subsection

(a) of this section shall be completed not later than three years

after October 17, 1984. The study of the river named in paragraph

(93) of subsection (a) of this section shall be completed not later

than three years after October 30, 1986.

(4) For the purposes of conducting the studies of rivers named in

subsection (a) of this section, there are authorized to be

appropriated such sums as necessary.

(5) The studies of the rivers in paragraphs (77) through (88)

shall be completed and reports transmitted thereon not later than

three full fiscal years from December 2, 1980. For the rivers

listed in paragraphs (77), (78), and (79) the studies prepared and

transmitted to the Congress pursuant to section 6505(c) of title 42

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 Bristol Bay Cooperative Region Plan is submitted to

Congress in accordance with section 3183 (FOOTNOTE 3) of this

title.

(FOOTNOTE 3) See Codification note below.

(7) The study of the West Branch of the Farmington River

identified in paragraph (92) of subsection (a) of this section

shall be completed and the report submitted thereon not later than

the end of the third fiscal year beginning after October 30, 1986.

Such report shall include a discussion of management alternatives

for the river if it were to be included in the national wild and

scenic river system.

(8) The study of the Merrimack River, New Hampshire, shall be

completed and the report thereon submitted not later than three

years after August 10, 1990.

(9) The study of the Pemigewasset River, New Hampshire, shall be

completed and the report thereon submitted not later than three

years after August 10, 1990.

(10) The study of the river named in paragraph (106) (FOOTNOTE 4)

of subsection (a) of this section shall be completed not later than

three years after August 15, 1990. In carrying out the study, the

Secretary of the Interior shall consult with the Governors of the

States of Florida and Georgia or their representatives,

representatives of affected local governments, and owners of land

adjacent to the river. Such consultation shall include

participation in the assessment of resource values and the

development of alternatives for the protection of those resource

values, and shall be carried out through public meetings and media

notification. The study shall also include a recommendation on the

part of the Secretary as to the role the States, local governments

and landowners should play in the management of the river if it

were designated as a component of the National Wild and Scenic

Rivers System.

(FOOTNOTE 4) So in original. Probably should be ''(108)''.

(11) The study of the Lamprey River, New Hampshire, shall be

completed by the Secretary of the Interior and the report thereon

submitted not later than 3 years after December 11, 1991.

(12)(A) The study of the White Clay Creek in Delaware and

Pennsylvania shall be completed and the report submitted not later

than 3 years after December 11, 1991.

(B) In carrying out the study, the Secretary of the Interior

shall prepare a map of the White Clay Creek watershed in Delaware

and Pennsylvania, and shall develop a recommended management plan

for the White Clay Creek. The plan shall provide recommendations as

to the protection and management of the White Clay Creek, including

the role the State and local governments, and affected landowners,

should play in the management of the White Clay Creek if it is

designated as a component of the National Wild and Scenic Rivers

System.

(C) The Secretary shall prepare the study, including the

recommended management plan, in cooperation and consultation with

appropriate State and local governments, and affected landowners.

(13) The study of segments of the Brule, Carp, Little Manistee,

White, Paint, Presque Isle, Ontonagon, Sturgeon (Hiawatha),

Sturgeon (Ottawa), Whitefish, and Tahquamenon Rivers in Michigan

under subsection (a) of this section shall be completed by the

Secretary of Agriculture and the report submitted thereon not later

than at the end of the third fiscal year beginning after March 3,

1992. For purposes of such river studies, the Secretary shall

consult with each River Study Committee authorized under section 5

of the Michigan Scenic Rivers Act of 1990, (FOOTNOTE 5) and shall

encourage public participation and involvement through hearings,

workshops, and such other means as are necessary to be effective.

(FOOTNOTE 5) See References in Text note below.

(14)(A) The study of the Delaware River segments and tributaries

designated for potential addition to the National Wild and Scenic

Rivers System pursuant to subsection (a)( ) (FOOTNOTE 6) of this

section shall be completed and the report submitted to Congress not

later than one year after October 23, 1992.

(FOOTNOTE 6) So in original. Probably should be subsection

''(a)(133)''.

(B) The Secretary shall -

(i) prepare the study in cooperation and consultation with

appropriate Federal, State, regional, and local agencies,

including but not limited to, the Pennsylvania Department of

Environmental Resources, the New Jersey Department of

Environmental Protection and Energy, the Delaware and Lehigh

Navigation Canal National Heritage Corridor Commission, and the

Delaware and Raritan Canal Commission; and

(ii) consider previous plans for the protection of affected

cultural, recreational, and natural resources (including water

supply and water quality) and existing State and local

regulations, so as to avoid unnecessary duplication.

(C) Pursuant to section 1282(b)(1) of this title, the Secretary

shall undertake a river conservation plan for the segment of the

Delaware River from the northern city limits of Trenton, New

Jersey, to the Southern (FOOTNOTE 7) boundary of Bucks County,

Pennsylvania.

(FOOTNOTE 7) So in original. Probably should not be

capitalized.

(15) The study of the Rio Grande in New Mexico shall be completed

and the report submitted not later than 3 years after May 4, 1994.

(16) The study of the Wekiva River and the tributaries designated

in paragraph (136) of subsection (a) of this section shall be

completed and the report transmitted to Congress not later than two

years after October 19, 1996.

(17) Taunton River, Massachusetts. - Not later than 3 years after

October 19, 2000, the Secretary of the Interior -

(A) shall complete the study of the Taunton River,

Massachusetts; and

(B) shall submit to Congress a report describing the results of

the study.

(18) The study of the Eightmile River, Connecticut, named in

paragraph (138) of subsection (a) of this section shall be

completed by the Secretary of the Interior and the report thereon

submitted to Congress not later than 3 years after November 6,

2001.

(c) State participation

The study of any of said rivers shall be pursued in as close

cooperation with appropriate agencies of the affected State and its

political subdivisions as possible, shall be carried on jointly

with such agencies if request for such joint study is made by the

State and shall include a determination of the degree to which the

State or its political subdivisions might participate in the

preservation and administration of the river should it be proposed

for inclusion in the national wild and scenic rivers system.

(d) Continuing consideration by Federal agencies to potential

national, wild, scenic and recreational river areas

(1) In all planning for the use and development of water and

related land resources, consideration shall be given by all Federal

agencies involved to potential national wild, scenic and

recreational river areas, and all river basin and project plan

reports submitted to the Congress shall consider and discuss any

such potentials. The Secretary of the Interior and the Secretary

of Agriculture shall make specific studies and investigations to

determine which additional wild, scenic and recreational river

areas within the United States shall be evaluated in planning

reports by all Federal agencies as potential alternative uses of

the water and related land resources involved.

(2) The Congress finds that the Secretary of the Interior, in

preparing the Nationwide Rivers Inventory as a specific study for

possible additions to the National Wild and Scenic Rivers System,

identified the Upper Klamath River from below the John Boyle Dam to

the Oregon-California State line. The Secretary, acting through

the Bureau of Land Management, is authorized under this subsection

to complete a study of the eligibility and suitability of such

segment for potential addition to the National Wild and Scenic

Rivers System. Such study shall be completed, and a report

containing the results of the study shall be submitted to Congress

by April 1, 1990. Nothing in this paragraph shall affect the

authority or responsibilities of any other Federal agency with

respect to activities or actions on this segment and its immediate

environment.

-SOURCE-

(Pub. L. 90-542, Sec. 5, Oct. 2, 1968, 82 Stat. 910; Pub. L.

93-279, Sec. 1(b)(2), May 10, 1974, 88 Stat. 123; Pub. L. 93-621,

Sec. 1(a), (b), Jan. 3, 1975, 88 Stat. 2094, 2095; Pub. L. 94-199,

Sec. 5(a), Dec. 31, 1975, 89 Stat. 1118; Pub. L. 94-486, title IV,

Sec. 401, title VII, Sec. 701, Oct. 12, 1976, 90 Stat. 2330; Pub.

L. 95-625, title VII, Sec. 721-736, title XI, Sec. 1108, Nov. 10,

1978, 92 Stat. 3530-3532, 3547; Pub. L. 96-87, title IV, Sec. 404,

Oct. 12, 1979, 93 Stat. 667; Pub. L. 96-199, title I, Sec. 102,

Mar. 5, 1980, 94 Stat. 68; Pub. L. 96-487, title VI, Sec. 604, Dec.

2, 1980, 94 Stat. 2415; Pub. L. 98-323, title II, Sec. 201, June

19, 1984, 98 Stat. 261; Pub. L. 98-484, Sec. 5, Oct. 17, 1984, 98

Stat. 2259; Pub. L. 98-494, Sec. 2, Oct. 19, 1984, 98 Stat. 2274;

Pub. L. 99-590, title II, Sec. 202(b), (c), title III, Sec. 301,

title V, Sec. 503, Oct. 30, 1986, 100 Stat. 3332-3335; Pub. L.

99-663, Sec. 13(d), Nov. 17, 1986, 100 Stat. 4294; Pub. L. 100-33,

Sec. 1, May 7, 1987, 101 Stat. 299; Pub. L. 100-149, Sec. 2, Nov.

2, 1987, 101 Stat. 879; Pub. L. 100-557, title I, Sec. 103, 104,

Oct. 28, 1988, 102 Stat. 2790; Pub. L. 101-40, Sec. 2(b), June 20,

1989, 103 Stat. 82; Pub. L. 101-356, Sec. 2, 3, Aug. 10, 1990, 104

Stat. 417; Pub. L. 101-357, Sec. 2, 3, Aug. 10, 1990, 104 Stat.

418; Pub. L. 101-364, Sec. 1, Aug. 15, 1990, 104 Stat. 428; Pub. L.

101-538, Sec. 1, Nov. 8, 1990, 104 Stat. 2376; Pub. L. 101-628,

title VII, Sec. 703, Nov. 28, 1990, 104 Stat. 4497; Pub. L. 102-50,

Sec. 3(a), May 24, 1991, 105 Stat. 254; Pub. L. 102-214, Sec. 2, 3,

Dec. 11, 1991, 105 Stat. 1663; Pub. L. 102-215, Sec. 3, 4, Dec. 11,

1991, 105 Stat. 1664; Pub. L. 102-249, Sec. 4, Mar. 3, 1992, 106

Stat. 48; Pub. L. 102-271, Sec. 5(a), Apr. 20, 1992, 106 Stat. 110;

Pub. L. 102-301, Sec. 7(a), June 19, 1992, 106 Stat. 245; Pub. L.

102-432, Sec. 2, Oct. 23, 1992, 106 Stat. 2213; Pub. L. 102-460,

Sec. 1(a), (b), Oct. 23, 1992, 106 Stat. 2270; Pub. L. 102-525,

title IV, Sec. 401, Oct. 26, 1992, 106 Stat. 3441; Pub. L. 103-242,

Sec. 3, May 4, 1994, 108 Stat. 611; Pub. L. 104-311, Oct. 19, 1996,

110 Stat. 3818; Pub. L. 104-333, div. I, title IV, Sec. 407(b),

Nov. 12, 1996, 110 Stat. 4152; Pub. L. 106-318, Sec. 3, 4, Oct. 19,

2000, 114 Stat. 1278; Pub. L. 107-65, Sec. 3, 4, Nov. 6, 2001, 115

Stat. 484.)

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Michigan Scenic Rivers Act of 1990, referred to

in subsec. (b)(13), probably means section 5 of Pub. L. 102-249,

Mar. 3, 1992, 106 Stat. 50, known as the Michigan Scenic Rivers Act

of 1991, which is not classified to the Code.

-COD-

CODIFICATION

Section 3183 of this title, referred to in subsec. (b)(6), was in

the original ''section 1204 of the Alaska National Interest Lands

Conservation Act'' and has been editorially translated as section

3183 of this title, which is section 1203 of that Act, as the

probable intent of Congress, in view of that Act being enacted

without a section 1204 and section 1203 of that Act relating to the

Bristol Bay Cooperative Region Plan.

-MISC3-

AMENDMENTS

2001 - Subsec. (a)(138). Pub. L. 107-65, Sec. 3, added par.

(138).

Subsec. (b)(18). Pub. L. 107-65, Sec. 4, added par. (18).

2000 - Subsec. (a)(136). Pub. L. 106-318, Sec. 3(1), designated

unnumbered par. relating to Wekiva River, Florida, as par. (136).

Subsec. (a)(137). Pub. L. 106-318, Sec. 3(2), added par. (137).

Subsec. (b)(8), (10). Pub. L. 106-318, Sec. 4(1), redesignated

par. (8) relating to study of St. Marys River, Florida and Georgia,

as (10).

Subsec. (b)(11) to (14). Pub. L. 106-318, Sec. 4(2)-(4),

redesignated par. (11) relating to study of White Clay Creek,

Delaware and Pennsylvania, as (12), par. (11) relating to study of

segments of Brule, Carp, and other rivers in Michigan as (13), and

par. (11) relating to study of segments of Delaware River in

Pennsylvania and New Jersey as (14).

Subsec. (b)(15). Pub. L. 106-318, Sec. 4(5), designated

unnumbered par. relating to study of Rio Grande, New Mexico, as

par. (15).

Subsec. (b)(16). Pub. L. 106-318, Sec. 4(6), (7), designated

unnumbered par. relating to study of Wekiva River, Florida, and its

tributaries as par. (16) and substituted ''paragraph (136)'' for

''paragraph ( )''.

Subsec. (b)(17). Pub. L. 106-318, Sec. 4(8), added par. (17).

1996 - Subsec. (a). Pub. L. 104-311, Sec. 1, added unnumbered

par. relating to Wekiva River, Florida.

Subsec. (a)(106), (108). Pub. L. 104-333, Sec. 407(b)(1),

redesignated par. (106), relating to St. Marys River, Florida, as

(108).

Subsec. (a)(109) to (111). Pub. L. 104-333, Sec. 407(b)(3),

designated unnumbered pars. relating to Mills River, North

Carolina, Sudbury, Assabet, and Concord, Massachusetts, and

Niobrara, Nebraska, as pars. (109) to (111), respectively.

Subsec. (a)(112), (113). Pub. L. 104-333, Sec. 407(b)(2), (3),

designated unnumbered par. relating to Lamprey, New Hampshire as

par. (112) and redesignated former par. (112), relating to White

Clay Creek, Delaware and Pennsylvania, as (113).

Subsec. (a)(114) to (135). Pub. L. 104-333, Sec. 407(b)(3),

designated unnumbered pars. relating to various rivers as pars.

(114) to (135).

Subsec. (b). Pub. L. 104-311, Sec. 2, added unnumbered par.

relating to study of Wekiva River, Florida, and its tributaries.

1994 - Subsec. (a). Pub. L. 103-242, Sec. 3(a), added unnumbered

par. relating to Rio Grande, New Mexico.

Subsec. (b). Pub. L. 103-242, Sec. 3(b), added unnumbered par.

relating to study of Rio Grande, New Mexico.

1992 - Subsec. (a). Pub. L. 102-525 added unnumbered par.

relating to New River, West Virginia and Virginia.

Pub. L. 102-460, Sec. 1(a), added unnumbered par. relating to

Delaware River, Pennsylvania and New Jersey.

Pub. L. 102-432 added unnumbered par. relating to North Fork

Merced, California.

Pub. L. 102-301 added unnumbered pars. relating to the following

rivers in California: Piru Creek, Little Sur River, Matilija Creek,

Lopez Creek, and Sespe Creek.

Pub. L. 102-271 added unnumbered pars. relating to Clarion River

and Mill Creek, Pennsylvania.

Pub. L. 102-249, Sec. 4(a), added unnumbered pars. relating to

the Brule River in Michigan and Wisconsin, and the following rivers

in Michigan: Carp, Little Manistee, White, Ontonagon, Paint,

Presque Isle, Sturgeon (Ottawa National Forest), Sturgeon (Hiawatha

National Forest), Tahquamenon, and Whitefish.

Subsec. (b)(11). Pub. L. 102-460, Sec. 1(b), added par. (11)

relating to study of segments of Delaware River in Pennsylvania and

New Jersey.

Pub. L. 102-249, Sec. 4(b), added par. (11) relating to study of

segments of Brule, Carp, and other rivers in Michigan.

1991 - Subsec. (a). Pub. L. 102-214, Sec. 2, added unnumbered

par. relating to Lamprey River, New Hampshire.

Pub. L. 102-50 added unnumbered par. relating to Niobrara River,

Nebraska.

Subsec. (a)(112). Pub. L. 102-215, Sec. 3, added par. (112).

Subsec. (b)(11). Pub. L. 102-215, Sec. 4, added par. (11)

relating to study of White Clay Creek, Delaware and Pennsylvania.

Pub. L. 102-214, Sec. 3, added par. (11) relating to study of

Lamprey River, New Hampshire.

1990 - Subsec. (a). Pub. L. 101-628 added unnumbered par.

relating to Sudbury, Assabet, and Concord rivers in Massachusetts.

Pub. L. 101-538 added unnumbered par. relating to Mills River,

North Carolina.

Subsec. (a)(106). Pub. L. 101-364, Sec. 1(a), added par. (106)

relating to St. Marys River, Florida and Georgia.

Pub. L. 101-356, Sec. 2, added par. (106) relating to Merrimack

River, New Hampshire.

Subsec. (a)(107). Pub. L. 101-357, Sec. 2, added par. (107).

Subsec. (b)(8). Pub. L. 101-364, Sec. 1(b), added par. (8)

relating to study of St. Marys River, Florida and Georgia.

Pub. L. 101-356, Sec. 3, added par. (8) relating to study of

Merrimack River, New Hampshire.

Subsec. (b)(9). Pub. L. 101-357, Sec. 3, added par. (9).

1989 - Subsec. (a)(96), (99). Pub. L. 101-40, Sec. 2(b)(1),

redesignated par. (96), relating to Merced River, California, as

par. (99).

Subsec. (a)(100) to (105). Pub. L. 101-40, Sec. 2(b)(2),

designated unnumbered paragraphs relating to rivers in Oregon as

pars. (100) to (105).

1988 - Subsec. (a). Pub. L. 100-557, Sec. 103, added unnumbered

pars. relating to the following rivers in Oregon: Blue, Chewaucan,

North Fork Malheur, South Fork McKenzie, Steamboat Creek, and

Wallowa.

Subsec. (d). Pub. L. 100-557, Sec. 104, designated existing

provisions as par. (1) and added par. (2).

1987 - Subsec. (a)(94), (95). Pub. L. 100-149, Sec. 2(b),

designated pars. relating to Klickitat and White Salmon as pars.

(94) and (95), respectively.

Subsec. (a)(96). Pub. L. 100-149, Sec. 2(a), added par. (96)

relating to Merced, California.

Pub. L. 100-33 added par. (96) relating to Maurice, New Jersey.

Subsec. (a)(97), (98). Pub. L. 100-33 added pars. (97) and (98).

1986 - Subsec. (a)(90), (91). Pub. L. 99-590, Sec. 503(a),

redesignated par. (90), relating to North Umpqua, Oregon, as par.

(91).

Subsec. (a)(92), (93). Pub. L. 99-590, Sec. 201(b), 301(a), added

pars. (92) and (93).

Subsec. (a)(94), (95). Pub. L. 99-663 added at end two unnumbered

pars., relating to Klickitat, Washington, and White Salmon,

Washington, which were designated as pars. (94) and (95),

respectively, by Pub. L. 100-149.

Subsec. (b)(1). Pub. L. 99-590, Sec. 503(b), inserted provisions

relating to completion and transmission of reports to Congress not

later than Jan. 1, 1987.

Subsec. (b)(3). Pub. L. 99-590, Sec. 301(b), inserted provisions

relating to completion date of study of river named in subsec.

(a)(93).

Subsec. (b)(4). Pub. L. 99-590, Sec. 503(c), amended par. (4)

generally, substituting provisions authorizing appropriations for

purposes of conducting studies of rivers named in subsec. (a), for

provisions authorizing appropriations for the purpose of conducting

studies of rivers named in pars. (28) through (56), (59) through

(76), (90), and (93) of subsec. (a).

Pub. L. 99-590, Sec. 301(c), inserted provisions authorizing an

appropriation of not to exceed $150,000 for conducting study of

river named in subsec. (a)(93).

Subsec. (b)(7). Pub. L. 99-590, Sec. 202(c), added par. (7).

1984 - Subsec. (a)(89). Pub. L. 98-323 added par. (89).

Subsec. (a)(90). Pub. L. 98-494 added par. (90) appearing second

relating to North Umpqua, Oregon.

Pub. L. 98-484, Sec. 5(a), added par. (90) appearing first

relating to Horsepasture, North Carolina.

Subsec. (b)(3). Pub. L. 98-484, Sec. 5(b), required completion of

the study of the Horsepasture River, North Carolina, within three

years after Oct. 17, 1984.

Subsec. (b)(4). Pub. L. 98-484, Sec. 5(c), authorized

appropriations for conducting study of the Horsepasture River,

North Carolina.

Subsec. (b)(5), (6). Pub. L. 98-484, Sec. 5(c), redesignated

pars. (4) and (5) added by Pub. L. 96-487, Sec. 604(b), as pars.

(5) and (6), respectively.

1980 - Subsec. (a)(76). Pub. L. 96-199, Sec. 102(a), added par.

(76).

Subsec. (a)(77) to (88). Pub. L. 96-487, Sec. 604(a), added pars.

(77) to (88).

Subsec. (b)(3), (4). Pub. L. 96-199, Sec. 102(b), substituted

''(76)'' for ''(75)''.

Subsec. (b)(4), (5). Pub. L. 96-487, Sec. 604(b), added second

par. (4) and par. (5). See 1984 Amendment note above.

1979 - Subsec. (b)(3). Pub. L. 96-87, Sec. 404(a), substituted

''paragraphs (59) through (75)'' for ''paragraphs (59) through

(72)''.

Subsec. (b)(4). Pub. L. 96-87, Sec. 404(b), substituted

''subparagraphs (59) through (75)'' for ''subparagraphs (59)

through (74)''.

1978 - Subsec. (a)(59) to (75). Pub. L. 95-625, Sec. 721-734,

1108, added pars. (59) to (75).

Subsec. (b)(3), (4). Pub. L. 95-625, Sec. 735, 736, added par.

(3), redesignated former par. (3) as (4), and increased

appropriations authorization for certain studies to $4,060,000 from

$2,175,000 and authorized necessary appropriations for certain

other river studies.

1976 - Subsec. (a)(47). Pub. L. 94-486, Sec. 701, struck out

''including the tributaries and headwaters on national forest

lands'' after ''Colorado Highway 160''.

Subsec. (a)(58). Pub. L. 94-486, Sec. 401, added par. (58).

1975 - Subsec. (a)(28) to (56). Pub. L. 93-621, Sec. 1(a), added

pars. (28) to (56).

Subsec. (a)(57). Pub. L. 94-199 added par. (57).

Subsecs. (b) to (d). Pub. L. 93-621, Sec. 1(b), added subsec. (b)

and redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

1974 - Subsecs. (b) to (d). Pub. L. 93-279 redesignated subsecs.

(c) and (d) as (b) and (c), respectively. Former subsec. (b),

relating to the study of rivers named in subsec. (a) of this

section for inclusion in the national wild and scenic river system

and submission of reports to the President and the Congress, was

incorporated in section 1275(a) of this title.

-CHANGE-

CHANGE OF NAME

The Delaware and Lehigh Navigation Canal National Heritage

Corridor was redesignated the Delaware and Lehigh National Heritage

Corridor by Pub. L. 105-355, title IV, Sec. 401, Nov. 6, 1998, 112

Stat. 3258.

-MISC4-

EFFECTIVE DATE OF 1984 AMENDMENT

Section 6 of Pub. L. 98-484 provided that: ''The provisions of

this Act (amending this section) shall take effect on the date of

the enactment of this Act (Oct. 17, 1984).''

GENESEE RIVER PROTECTION

Pub. L. 101-175, Nov. 27, 1989, 103 Stat. 1294, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Genesee River Protection Act of

1989'.

''SEC. 2. PROTECTION OF THE GENESEE RIVER.

''In order to protect for present and future generations the

outstanding scenic, natural, recreational, scientific, cultural,

and ecological values of the Genesee River within Letchworth Gorge

State Park in the State of New York, and to assist in the

protection and enhancement of the Gorge's archeological sites of

sacred significance to the Seneca Nation, historic areas,

endangered plant communities, and diverse recreation uses, the

protections afforded for rivers listed in section 5(a) of the Wild

and Scenic Rivers Act (16 U.S.C. 1276(a)) for study for potential

addition to the National Wild and Scenic Rivers System shall apply

to the segment of the Genesee River beginning at the southern

boundary of Letchworth Gorge State Park and extending downstream to

the Mt. Morris Dam, except that the protection so afforded shall

not interfere with the Secretary of the Army's operation and

management of Mt. Morris Dam as authorized for purposes of flood

control.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460gg-13, 544k, 1275,

1278, 1279, 1280, 1283 of this title; title 30 section 1272.

-CITE-

16 USC Sec. 1277 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1277. Land acquisition

-STATUTE-

(a) Grant of authority to acquire; State and Indian lands; use of

appropriated funds; acquisition of tracts partially outside

component boundaries; disposition of lands

(1) The Secretary of the Interior and the Secretary of

Agriculture are each authorized to acquire lands and interests in

land within the authorized boundaries of any component of the

national wild and scenic rivers system designated in section 1274

of this title, or hereafter designated for inclusion in the system

by Act of Congress, which is administered by him, but he shall not

acquire fee title to an average of more than 100 acres per mile on

both sides of the river. Lands owned by a State may be acquired

only by donation or by exchange in accordance with subsection (d)

of this section. Lands owned by an Indian tribe or a political

subdivision of a State may not be acquired without the consent of

the appropriate governing body thereof as long as the Indian tribe

or political subdivision is following a plan for management and

protection of the lands which the Secretary finds protects the land

and assures its use for purposes consistent with this chapter.

Money appropriated for Federal purposes from the land and water

conservation fund shall, without prejudice to the use of

appropriations from other sources, be available to Federal

departments and agencies for the acquisition of property for the

purposes of this chapter.

(2) When a tract of land lies partially within and partially

outside the boundaries of a component of the National Wild and

Scenic Rivers System, the appropriate Secretary may, with the

consent of the landowners for the portion outside the boundaries,

acquire the entire tract. The land or interest therein so acquired

outside the boundaries shall not be counted against the average

one-hundred-acre-per-mile fee title limitation of subsection (a)(1)

of this section. The lands or interests therein outside such

boundaries, shall be disposed of, consistent with existing

authorities of law, by sale, lease, or exchange.

(b) Curtailment of condemnation power in area 50 per centum or more

of which is owned in fee title by Federal or State government

If 50 per centum or more of the entire acreage outside the

ordinary high water mark on both sides of the river within a

federally administered wild, scenic or recreational river area is

owned in fee title by the United States, by the State or States

within which it lies, or by political subdivisions of those States,

neither Secretary shall acquire fee title to any lands by

condemnation under authority of this chapter. Nothing contained in

this section, however, shall preclude the use of condemnation when

necessary to clear title or to acquire scenic easements or such

other easements as are reasonably necessary to give the public

access to the river and to permit its members to traverse the

length of the area or of selected segments thereof.

(c) Curtailment of condemnation power in urban areas covered by

valid and satisfactory zoning ordinances

Neither the Secretary of the Interior nor the Secretary of

Agriculture may acquire lands by condemnation, for the purpose of

including such lands in any national wild, scenic or recreational

river area, if such lands are located within any incorporated city,

village, or borough which has in force and applicable to such lands

a duly adopted, valid zoning ordinance that conforms with the

purposes of this chapter. In order to carry out the provisions of

this subsection the appropriate Secretary shall issue guidelines,

specifying standards for local zoning ordinances, which are

consistent with the purposes of this chapter. The standards

specified in such guidelines shall have the object of (A)

prohibiting new commercial or industrial uses other than commercial

or industrial uses which are consistent with the purposes of this

chapter, and (B) the protection of the bank lands by means of

acreage, frontage, and setback requirements on development.

(d) Exchange of property

The appropriate Secretary is authorized to accept title to

non-Federal property within the authorized boundaries of any

federally administered component of the national wild and scenic

rivers system designated in section 1274 of this title or hereafter

designated for inclusion in the system by Act of Congress and, in

exchange therefor, convey to the grantor any federally owned

property which is under his jurisdiction within the State in which

the component lies and which he classifies as suitable for exchange

or other disposal. The values of the properties so exchanged

either shall be approximately equal or, if they are not

approximately equal, shall be equalized by the payment of cash to

the grantor or to the Secretary as the circumstances require.

(e) Transfer of jurisdiction over federally owned property to

appropriate Secretary

The head of any Federal department or agency having

administrative jurisdiction over any lands or interests in land

within the authorized boundaries of any federally administered

component of the national wild and scenic rivers system designated

in section 1274 of this title or hereafter designated for inclusion

in the system by Act of Congress is authorized to transfer to the

appropriate secretary jurisdiction over such lands for

administration in accordance with the provisions of this chapter.

Lands acquired by or transferred to the Secretary of Agriculture

for the purposes of this chapter within or adjacent to a national

forest shall upon such acquisition or transfer become national

forest lands.

(f) Acceptance of donated land, funds, and other property

The appropriate Secretary is authorized to accept donations of

lands and interests in land, funds, and other property for use in

connection with his administration of the national wild and scenic

rivers system.

(g) Retained right of use and occupancy; termination; fair market

value; ''improved property'' defined

(1) Any owner or owners (hereinafter in this subsection referred

to as ''owner'') of improved property on the date of its

acquisition, may retain for themselves and their successors or

assigns a right of use and occupancy of the improved property for

noncommercial residential purposes for a definite term not to

exceed twenty-five years or, in lieu thereof, for a term ending at

the death of the owner, or the death of his spouse, or the death of

either or both of them. The owner shall elect the term to be

reserved. The appropriate Secretary shall pay to the owner the

fair market value of the property on the date of such acquisition

less the fair market value on such date of the right retained by

the owner.

(2) A right of use and occupancy retained pursuant to this

subsection shall be subject to termination whenever the appropriate

Secretary is given reasonable cause to find that such use and

occupancy is being exercised in a manner which conflicts with the

purposes of this chapter. In the event of such a finding, the

Secretary shall tender to the holder of that right an amount equal

to the fair market value of that portion of the right which remains

unexpired on the date of termination. Such right of use or

occupancy shall terminate by operation of law upon tender of the

fair market price.

(3) The term ''improved property'', as used in this chapter,

means a detached, one-family dwelling (hereinafter referred to as

''dwelling''), the construction of which was begun before January

1, 1967, (except where a different date is specifically provided by

law with respect to any particular river) together with so much of

the land on which the dwelling is situated, the said land being in

the same ownership as the dwelling, as the appropriate Secretary

shall designate to be reasonably necessary for the enjoyment of the

dwelling for the sole purpose of noncommercial residential use,

together with any structures accessory to the dwelling which are

situated on the land so designated.

-SOURCE-

(Pub. L. 90-542, Sec. 6, Oct. 2, 1968, 82 Stat. 912; Pub. L.

95-625, title VII, Sec. 763(b), Nov. 10, 1978, 92 Stat. 3533; Pub.

L. 99-590, title V, Sec. 504, Oct. 30, 1986, 100 Stat. 3336.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-590, Sec. 504(b), (c), designated

existing provisions as par. (1), inserted provisions relating to

acquisition of lands by exchange in accordance with subsec. (d) of

this section, and added par. (2).

Subsec. (b). Pub. L. 99-590, Sec. 504(d), inserted requirement

that acreage be outside ordinary high water mark on both sides of

the river, and inserted ''in fee title'' after ''owned''.

Subsec. (e). Pub. L. 99-590, Sec. 504(a), substituted ''Congress

is'' for ''Congress in''.

1978 - Subsec. (g)(3). Pub. L. 95-625 inserted ''(except where a

different date is specifically provided by law with respect to any

particular river)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1274, 1279, 1286 of this

title.

-CITE-

16 USC Sec. 1278 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1278. Restrictions on water resources projects

-STATUTE-

(a) Construction projects licensed by Federal Energy Regulatory

Commission

The Federal Energy Regulatory Commission shall not license the

construction of any dam, water conduit, reservoir, powerhouse,

transmission line, or other project works under the Federal Power

Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or

directly affecting any river which is designated in section 1274 of

this title as a component of the national wild and scenic rivers

system or which is hereafter designated for inclusion in that

system, and no department or agency of the United States shall

assist by loan, grant, license, or otherwise in the construction of

any water resources project that would have a direct and adverse

effect on the values for which such river was established, as

determined by the Secretary charged with its administration.

Nothing contained in the foregoing sentence, however, shall

preclude licensing of, or assistance to, developments below or

above a wild, scenic or recreational river area or on any stream

tributary thereto which will not invade the area or unreasonably

diminish the scenic, recreational, and fish and wildlife values

present in the area on the date of designation of a river as a

component of the National Wild and Scenic Rivers System. No

department or agency of the United States shall recommend

authorization of any water resources project that would have a

direct and adverse effect on the values for which such river was

established, as determined by the Secretary charged with its

administration, or request appropriations to begin construction of

any such project, whether heretofore or hereafter authorized,

without advising the Secretary of the Interior or the Secretary of

Agriculture, as the case may be, in writing of its intention so to

do at least sixty days in advance, and without specifically

reporting to the Congress in writing at the time it makes its

recommendation or request in what respect construction of such

project would be in conflict with the purposes of this chapter and

would affect the component and the values to be protected by it

under this chapter. Any license heretofore or hereafter issued by

the Federal Energy Regulatory Commission affecting the New River of

North Carolina shall continue to be effective only for that portion

of the river which is not included in the National Wild and Scenic

Rivers System pursuant to section 1273 of this title and no project

or undertaking so licensed shall be permitted to invade, inundate

or otherwise adversely affect such river segment.

(b) Construction projects on rivers designated for potential

addition to system

The Federal Energy Regulatory Commission shall not license the

construction of any dam, water conduit, reservoir, powerhouse,

transmission line, or other project works under the Federal Power

Act, as amended (16 U.S.C. 791a et seq.), on or directly affecting

any river which is listed in section 1276(a) of this title, and no

department or agency of the United States shall assist by loan,

grant, license, or otherwise in the construction of any water

resources project that would have a direct and adverse effect on

the values for which such river might be designated, as determined

by the Secretary responsible for its study or approval -

(i) during the ten-year period following October 2, 1968, or

for a three complete fiscal year period following any Act of

Congress designating any river for potential addition to the

national wild and scenic rivers system, whichever is later,

unless, prior to the expiration of the relevant period, the

Secretary of the Interior and, where national forest lands are

involved, the Secretary of Agriculture, on the basis of study,

determine that such river should not be included in the national

wild and scenic rivers system and notify the Committee on Energy

and Natural Resources of the Senate and the Committee on Natural

Resources of the House of Representatives, in writing, including

a copy of the study upon which the determination was made, at

least one hundred and eighty days while Congress is in session

prior to publishing notice to that effect in the Federal

Register: Provided, That if any Act designating any river or

rivers for potential addition to the national wild and scenic

rivers system provides a period for the study or studies which

exceeds such three complete fiscal year period the period

provided for in such Act shall be substituted for the three

complete fiscal year period in the provisions of this clause (i);

and

(ii) during such interim period from the date a report is due

and the time a report is actually submitted to the Congress; and

(iii) during such additional period thereafter as, in the case

of any river the report for which is submitted to the President

and the Congress, is necessary for congressional consideration

thereof or, in the case of any river recommended to the Secretary

of the Interior for inclusion in the national wild and scenic

rivers system under section 1273(a)(ii) of this title, is

necessary for the Secretary's consideration thereof, which

additional period, however, shall not exceed three years in the

first case and one year in the second.

Nothing contained in the foregoing sentence, however, shall

preclude licensing of, or assistance to, developments below or

above a potential wild, scenic or recreational river area or on any

stream tributary thereto which will not invade the area or diminish

the scenic, recreational, and fish and wildlife values present in

the potential wild, scenic or recreational river area on the date

of designation of a river for study as provided for in section 1276

of this title. No department or agency of the United States shall,

during the periods hereinbefore specified, recommend authorization

of any water resources project on any such river or request

appropriations to begin construction of any such project, whether

heretofore or hereafter authorized, without advising the Secretary

of the Interior and, where national forest lands are involved, the

Secretary of Agriculture in writing of its intention so to do at

least sixty days in advance of doing so and without specifically

reporting to the Congress in writing at the time it makes its

recommendation or request in what respect construction of such

project would be in conflict with the purposes of this chapter and

would affect the component and the values to be protected by it

under this chapter.

(c) Activities in progress affecting river of system; notice to

Secretary

The Federal Energy Regulatory Commission and all other Federal

agencies shall, promptly upon enactment of this chapter, inform the

Secretary of the Interior and, where national forest lands are

involved, the Secretary of Agriculture, of any proceedings,

studies, or other activities within their jurisdiction which are

now in progress and which affect or may affect any of the rivers

specified in section 1276(a) of this title. They shall likewise

inform him of any such proceedings, studies, or other activities

which are hereafter commenced or resumed before they are commenced

or resumed.

(d) Grants under Land and Water Conservation Fund Act of 1965

Nothing in this section with respect to the making of a loan or

grant shall apply to grants made under the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).

-SOURCE-

(Pub. L. 90-542, Sec. 7, Oct. 2, 1968, 82 Stat. 913; Pub. L.

93-279, Sec. 1(b)(3), (4), May 10, 1974, 88 Stat. 123; Pub. L.

93-621, Sec. 1(c), Jan. 3, 1975, 88 Stat. 2096; Pub. L. 94-407,

Sec. 1(2), Sept. 11, 1976, 90 Stat. 1238; Pub. L. 95-91, title IV,

Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 99-590,

title V, Sec. 505, Oct. 30, 1986, 100 Stat. 3336; Pub. L. 103-437,

Sec. 6(a)(7), Nov. 2, 1994, 108 Stat. 4583.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in subsecs. (a) and (b), is

act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is

classified generally to chapter 12 (Sec. 791a et seq.) of this

title. For complete classification of this Act to the Code, see

section 791a of this title and Tables.

The Land and Water Conservation Fund Act of 1965, referred to in

subsec. (d), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as

amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (b)(i). Pub. L. 103-437 substituted ''Committee on

Energy and Natural Resources of the Senate and the Committee on

Natural Resources of the House of Representatives'' for

''Committees on Interior and Insular Affairs of the United States

Congress''.

1986 - Subsec. (a). Pub. L. 99-590, Sec. 505(a), substituted

provisions relating to values present in the area on the date of

designation of a river as a component of the System, for provisions

relating to values present in the area on Oct. 2, 1968.

Subsec. (b). Pub. L. 99-590, Sec. 505(b), added cl. (ii),

redesignated former cl. (ii) as (iii), and substituted provisions

relating to values present in the area on the date of designation

of a river for study pursuant to section 1276 of this title for

provisions relating to values present in the area on the date of

approval of this chapter.

1976 - Subsec. (a). Pub. L. 94-407 inserted provision relating to

licenses issued affecting the New River of North Carolina.

1975 - Subsec. (b)(i). Pub. L. 93-621 inserted proviso that if

any Act provides a time period for study in excess of the three

fiscal year period, that period shall be substituted for the three

complete fiscal year period provision of cl. (i).

1974 - Subsec. (b)(i). Pub. L. 93-279, Sec. 1(b)(3), substituted

provisions that construction projects may not be licensed or

assisted before Oct. 2, 1978, or for a three year period following

inclusion of a river in the list of rivers for potential addition

to the national wild and scenic river system, unless, prior to that

period, the Secretary of the Interior or the Secretary of

Agriculture, as the case may be, determined that such river should

not be so included and notified the Committees on Interior and

Insular Affairs, before publication in the Federal Register, for

provisions that such projects may not be licensed or assisted

before Oct. 2, 1973, unless, prior to that period, the Secretary of

the Interior or the Secretary of Agriculture, as the case may be,

concluded that such river should not be so included and published

notice to that effect in the Federal Register.

Subsec. (b)(ii). Pub. L. 93-279, Sec. 1(b)(4), substituted ''the

report for which is submitted to the President and the Congress, is

necessary'' for ''which is recommended to the President and the

Congress for inclusion in the national wild and scenic rivers

system, is necessary''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with system

activities requiring coordination and approval under this chapter

and such functions of Secretary or other official in Department of

Agriculture, insofar as they involve lands and programs under

jurisdiction of that Department, related to compliance with this

chapter with respect to pre-construction, construction, and initial

operation of transportation system for Canadian and Alaskan natural

gas transferred to Federal Inspector, Office of Federal Inspector

for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(e),

(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective

July 1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

''Federal Energy Regulatory Commission'' substituted for

''Federal Power Commission'' in subsecs. (a), (b), and (c) pursuant

to Pub. L. 95-91, Sec. 402(a)(1)(A), which is classified to section

7172(a)(1)(A) of Title 42, The Public Health and Welfare.

Federal Power Commission terminated and its functions with regard

to licenses and permits for dams, reservoirs, or other works for

development and improvement of navigation and for development and

utilization of power across, along, from, or in navigable waters

under part I of Federal Power Act (16 U.S.C. 792 et seq.)

transferred to Federal Energy Regulatory Commission by sections

7172(a)(1)(A) and 7293 of Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460ww-1, 539g, 544k,

698r, 1274, 1276, 1279, 1280 of this title.

-CITE-

16 USC Sec. 1279 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1279. Withdrawal of public lands from entry, sale, or other

disposition under public land laws

-STATUTE-

(a) Lands within authorized boundaries of components of system

All public lands within the authorized boundaries of any

component of the national wild and scenic rivers system which is

designated in section 1274 of this title or which is designated

after October 2, 1968, for inclusion in that system are hereby

withdrawn from entry, sale, or other disposition under the public

land laws of the United States. This subsection shall not be

construed to limit the authorities granted in section 1277(d) or

section 1285a of this title.

(b) Lands constituting bed or bank of river; lands within bank area

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 1276(a) of this title are hereby withdrawn from entry,

sale, or other disposition under the public land laws of the United

States for the periods specified in section 1278(b) of this title.

Notwithstanding the foregoing provisions of this subsection or any

other provision of this chapter, subject only to valid existing

rights, including valid Native selection rights under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.), all public

lands which constitute the bed or bank, or are within an area

extending two miles from the bank of the river channel on both

sides of the river segments referred to in paragraphs (77) through

(88) of section 1276(a) of this title are hereby withdrawn from

entry, sale, State selection or other disposition under the public

land laws of the United States for the periods specified in section

1278(b) of this title.

-SOURCE-

(Pub. L. 90-542, Sec. 8, Oct. 2, 1968, 82 Stat. 915; Pub. L.

96-487, title VI, Sec. 606(c), Dec. 2, 1980, 94 Stat. 2417; Pub. L.

99-590, title V, Sec. 506, Oct. 30, 1986, 100 Stat. 3336.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws of the United States, referred to in text,

are classified generally to Title 43, Public Lands.

The Alaska Native Claims Settlement Act, referred to in subsec.

(b), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of Title 43 and Tables.

-MISC2-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-590 inserted provisions relating

to construction of subsec. (a) with respect to authorities granted

in section 1277(d) or 1285a of this title.

1980 - Subsec. (b). Pub. L. 96-487 inserted provision

withdrawing, subject to valid existing rights, all public lands

which constitute the bed or bank, or are within an area extending

two miles from the bank of the river channel on both sides of the

river segments referred to in section 1276(a)(77) through (88) of

this title, from entry, sale, State selection or other disposition

under the public land laws for periods specified in section 1278(b)

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 192b-9 of this title.

-CITE-

16 USC Sec. 1280 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1280. Federal mining and mineral leasing laws

-STATUTE-

(a) Applicability to components of system

Nothing in this chapter shall affect the applicability of the

United States mining and mineral leasing laws within components of

the national wild and scenic rivers system except that -

(i) all prospecting, mining operations, and all other

activities on mining claims which, in the case of a component of

the system designated in section 1274 of this title, have not

heretofore been perfected or which, in the case of a component

hereafter designated pursuant to this chapter or any other Act of

Congress, are not perfected before its inclusion in the system

and all mining operations and other activities under a mineral

lease, license, or permit issued or renewed after inclusion of a

component in the system shall be subject to such regulations as

the Secretary of the Interior or, in the case of national forest

lands, the Secretary of Agriculture may prescribe to effectuate

the purposes of this chapter;

(ii) subject to valid existing rights, the perfection of,

issuance of a patent to, any mining claim affecting lands within

the system shall confer or convey a right or title only to the

mineral deposits and such rights only to the use of the surface

and the surface resources as are reasonably required to carrying

on prospecting or mining operations and are consistent with such

regulations as may be prescribed by the Secretary of the Interior

or, in the case of national forest lands, by the Secretary of

Agriculture; and

(iii) subject to valid existing rights, the minerals in Federal

lands which are part of the system and constitute the bed or bank

or are situated within one-quarter mile of the bank of any river

designated a wild river under this chapter or any subsequent Act

are hereby withdrawn from all forms of appropriation under the

mining laws and from operation of the mineral leasing laws

including, in both cases, amendments thereto.

Regulations issued pursuant to paragraphs (i) and (ii) of this

subsection shall, among other things, provide safeguards against

pollution of the river involved and unnecessary impairment of the

scenery within the component in question.

(b) Withdrawal from appropriation of minerals in Federal river beds

or bank areas; prospecting, leases, licenses, and permits

The minerals in any Federal lands which constitute the bed or

bank or are situated within one-quarter mile of the bank of any

river which is listed in section 1276(a) of this title are hereby

withdrawn from all forms of appropriation under the mining laws

during the periods specified in section 1278(b) of this title.

Nothing contained in this subsection shall be construed to forbid

prospecting or the issuance of leases, licenses, and permits under

the mineral leasing laws subject to such conditions as the

Secretary of the Interior and, in the case of national forest

lands, the Secretary of Agriculture find appropriate to safeguard

the area in the event it is subsequently included in the system.

Notwithstanding the foregoing provisions of this subsection or any

other provision of this chapter, all public lands which constitute

the bed or bank, or are within an area extending two miles from the

bank of the river channel on both sides of the river segments

referred to in paragraphs (77) through (88) of section 1276(a) of

this title are hereby withdrawn subject to valid existing rights,

from all forms of appropriation under the mining laws and from

operation of the mineral leasing laws including, in both cases,

amendments thereto, during the periods specified in section 1278(b)

of this title.

-SOURCE-

(Pub. L. 90-542, Sec. 9, Oct. 2, 1968, 82 Stat. 915; Pub. L.

96-487, title VI, Sec. 606(b), Dec. 2, 1980, 94 Stat. 2416; Pub. L.

99-590, title V, Sec. 507, Oct. 30, 1986, 100 Stat. 3336.)

-REFTEXT-

REFERENCES IN TEXT

The United States mineral leasing laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-MISC2-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-590 substituted ''issuance of

leases'' for ''issuance or leases''.

1980 - Subsec. (b). Pub. L. 96-487 inserted provision

withdrawing, subject to valid existing rights, all public lands

which constitute the bed or bank, or are within an area extending

two miles from the bank of the river channel or both sides of the

river segments referred to in section 1276(a)(77) through (88) of

this title, from all forms of appropriations under the mining laws

and operation of the mineral leasing laws during the periods

specified in section 1278(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1274, 1285b of this

title.

-CITE-

16 USC Sec. 1281 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1281. Administration

-STATUTE-

(a) Public use and enjoyment of components; protection of features;

management plans

Each component of the national wild and scenic rivers system

shall be administered in such manner as to protect and enhance the

values which caused it to be included in said system without,

insofar as is consistent therewith, limiting other uses that do not

substantially interfere with public use and enjoyment of these

values. In such administration primary emphasis shall be given to

protecting its esthetic, scenic, historic, archeologic, and

scientific features. Management plans for any such component may

establish varying degrees of intensity for its protection and

development, based on the special attributes of the area.

(b) Wilderness areas

Any portion of a component of the national wild and scenic rivers

system that is within the national wilderness preservation system,

as established by or pursuant to the Wilderness Act (16 U.S.C. 1131

et seq.), shall be subject to the provisions of both the Wilderness

Act and this chapter with respect to preservation of such river and

its immediate environment, and in case of conflict between the

provisions of the Wilderness Act and this chapter the more

restrictive provisions shall apply.

(c) Areas administered by National Park Service and Fish and

Wildlife Service

Any component of the national wild and scenic rivers system that

is administered by the Secretary of the Interior through the

National Park Service shall become a part of the national park

system, and any such component that is administered by the

Secretary through the Fish and Wildlife Service shall become a part

of the national wildlife refuge system. The lands involved shall

be subject to the provisions of this chapter and the Acts under

which the national park system or national wildlife system, as the

case may be, is administered, and in case of conflict between the

provisions of this chapter and such Acts, the more restrictive

provisions shall apply. The Secretary of the Interior, in his

administration of any component of the national wild and scenic

rivers system, may utilize such general statutory authorities

relating to areas of the national park system and such general

statutory authorities otherwise available to him for recreation and

preservation purposes and for the conservation and management of

natural resources as he deems appropriate to carry out the purposes

of this chapter.

(d) Statutory authorities relating to national forests

The Secretary of Agriculture, in his administration of any

component of the national wild and scenic rivers system area, may

utilize the general statutory authorities relating to the national

forests in such manner as he deems appropriate to carry out the

purposes of this chapter.

(e) Cooperative agreements with State and local governments

The Federal agency charged with the administration of any

component of the national wild and scenic rivers system may enter

into written cooperative agreements with the Governor of a State,

the head of any State agency, or the appropriate official of a

political subdivision of a State for State or local governmental

participation in the administration of the component. The States

and their political subdivisions shall be encouraged to cooperate

in the planning and administration of components of the system

which include or adjoin State- or county-owned lands.

-SOURCE-

(Pub. L. 90-542, Sec. 10, Oct. 2, 1968, 82 Stat. 916.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in subsec. (a), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1131 of this title and

Tables.

The Acts under which the national park system and the national

wildlife system are administered, referred to in subsec. (c), are

classified generally to this title.

-COD-

CODIFICATION

The first reference to the Wilderness Act in subsec. (b) was in

the original a reference to the Act of September 3, 1964 (78 Stat.

890).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of the Interior and Secretary or other

official in Department of Agriculture under this chapter to Federal

Inspector, Office of Federal Inspector for Alaska Natural Gas

Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1278 of this title.

-MISC5-

MANAGEMENT OF SEGMENT OF SALMON RIVER DESIGNATED AS COMPONENT OF

WILD AND SCENIC RIVER SYSTEM LOCATED WITHIN FRANK CHURCH - RIVER OF

NO RETURN WILDERNESS OR GOSPEL-HUMP WILDERNESS

Pub. L. 96-312, Sec. 9(b), July 23, 1980, 94 Stat. 953, as

amended Pub. L. 98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60,

provided: ''That segment of the main Salmon River designated as a

component of the Wild and Scenic Rivers System by this Act (see 16

U.S.C. 1274(a)(24)), which lies within the Frank Church - River of

No Return Wilderness or the Gospel-Hump Wilderness designated by

Public Law 95-237 (Pub. L. 95-237, Sec. 4, Feb. 24, 1978, 92 Stat.

43), shall be managed under the provisions of the Wild and Scenic

Rivers Act, as amended (16 U.S.C. 1271 et seq), and the regulations

promulgated pursuant thereto, notwithstanding section 10(b) of the

Wild and Scenic Rivers Act (16 U.S.C. 1281(b)) or any provisions of

the Wilderness Act (16 U.S.C. 1131 et seq.) to the contrary.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1274 of this title.

-CITE-

16 USC Sec. 1282 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1282. Assistance to State and local projects

-STATUTE-

(a) Assistance of Secretary of the Interior

The Secretary of the Interior shall encourage and assist the

States to consider, in formulating and carrying out their

comprehensive statewide outdoor recreation plans and proposals for

financing assistance for State and local projects submitted

pursuant to the Land and Water Conservation Fund Act of 1965 (78

Stat. 897) (16 U.S.C. 460l-4 et seq.), needs and opportunities for

establishing State and local wild, scenic and recreational areas.

(b) Assistance of Secretaries of the Interior, Agriculture, or

other Federal agency heads; use of Federal facilities,

equipment, etc.; conditions on permits or other authorizations

(1) The Secretary of the Interior, the Secretary of Agriculture,

or the head of any other Federal agency, shall assist, advise, and

cooperate with States or their political subdivisions, landowners,

private organizations, or individuals to plan, protect, and manage

river resources. Such assistance, advice, and cooperation may be

through written agreements or otherwise. This authority applies

within or outside a federally administered area and applies to

rivers which are components of the National Wild and Scenic Rivers

System and to other rivers. Any agreement under this subsection

may include provisions for limited financial or other assistance to

encourage participation in the acquisition, protection, and

management of river resources.

(2) Wherever appropriate in furtherance of this chapter, the

Secretary of Agriculture and the Secretary of the Interior are

authorized and encouraged to utilize the following:

(A) For activities on federally owned land, the Volunteers in

the Parks Act of 1969 (16 U.S.C. 18g et seq.) and the Volunteers

in the Forest Act of 1972 (16 U.S.C. 558a-558d).

(B) For activities on all other lands, section 6 of the Land

and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8)

(relating to the development of statewide comprehensive outdoor

recreation plans).

(3) For purposes of this subsection, the appropriate Secretary or

the head of any Federal agency may utilize and make available

Federal facilities, equipment, tools and technical assistance to

volunteers and volunteer organizations, subject to such limitations

and restrictions as the appropriate Secretary or the head of any

Federal agency deems necessary or desirable.

(4) No permit or other authorization provided for under provision

of any other Federal law shall be conditioned on the existence of

any agreement provided for in this section.

-SOURCE-

(Pub. L. 90-542, Sec. 11, Oct. 2, 1968, 82 Stat. 916; Pub. L.

99-590, title V, Sec. 508, Oct. 30, 1986, 100 Stat. 3337.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965, referred to in

subsec. (a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as

amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

The Volunteers in the Parks Act of 1969, referred to in subsec.

(b)(2)(A), is Pub. L. 91-357, July 29, 1970, 84 Stat. 472, as

amended, which is classified generally to subchapter II (Sec. 18g

et seq.) of chapter 1 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

18g of this title and Tables.

The Volunteers in the Forest Act of 1972, referred to in subsec.

(b)(2)(A), probably means the Volunteers in the National Forests

Act of 1972, Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as

amended, which is classified generally to section 558a et seq. of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 558a of this title and

Tables.

-MISC2-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-590 struck out provisions relating

to provision of technical assistance and advice to and cooperation

with States, etc., in establishment of areas.

Subsec. (b). Pub. L. 99-590 amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows: ''The Secretaries of

Agriculture and of Health and Human Services shall likewise, in

accordance with the authority vested in them assist, advise, and

cooperate with State and local agencies and private interests with

respect to establishing such wild, scenic and recreational river

areas.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1276 of this title.

-CITE-

16 USC Sec. 1283 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1283. Management policies

-STATUTE-

(a) Action of Secretaries and heads of agencies; cooperative

agreements

The Secretary of the Interior, the Secretary of Agriculture, and

the head of any other Federal department or agency having

jurisdiction over any lands which include, border upon, or are

adjacent to, any river included within the National Wild and Scenic

Rivers System or under consideration for such inclusion, in

accordance with section 1273(a)(ii), 1274(a), or 1276(a) of this

title, shall take such action respecting management policies,

regulations, contracts, plans, affecting such lands, following

November 10, 1978, as may be necessary to protect such rivers in

accordance with the purposes of this chapter. Such Secretary or

other department or agency head shall, where appropriate, enter

into written cooperative agreements with the appropriate State or

local official for the planning, administration, and management of

Federal lands which are within the boundaries of any rivers for

which approval has been granted under section 1273(a)(ii) of this

title. Particular attention shall be given to scheduled timber

harvesting, road construction, and similar activities which might

be contrary to the purposes of this chapter.

(b) Existing rights, privileges, and contracts affecting Federal

lands

Nothing in this section shall be construed to abrogate any

existing rights, privileges, or contracts affecting Federal lands

held by any private party without consent of said party.

(c) Water pollution

The head of any agency administering a component of the national

wild and scenic rivers system shall cooperate with the

Administrator, Environmental Protection Agency and with the

appropriate State water pollution control agencies for the purpose

of eliminating or diminishing the pollution of waters of the river.

-SOURCE-

(Pub. L. 90-542, Sec. 12, Oct. 2, 1968, 82 Stat. 917; Pub. L.

95-625, title VII, Sec. 762, Nov. 10, 1978, 92 Stat. 3533; Pub. L.

99-590, title V, Sec. 509, Oct. 30, 1986, 100 Stat. 3337.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-590 substituted ''Administrator,

Environmental Protection Agency'' for ''Secretary of the

Interior''.

1978 - Subsec. (a). Pub. L. 95-625 substituted provision for

action to be taken by Secretaries and heads of agencies for prior

provision for review by such officials, made provision applicable

to rivers included within the System, included references to rivers

covered in sections 1273(a)(ii) and 1274(a) of this title, and

required cooperative agreements with appropriate State or local

officials for planning, administration, and management of Federal

lands within boundaries of rivers approved under section

1273(a)(ii) of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of the Interior and Secretary or other

official in Department of Agriculture under this chapter to Federal

Inspector, Office of Federal Inspector for Alaska Natural Gas

Transportation System, and subsequent transfer to Secretary of

Energy, see note set out under section 1278 of this title.

-CITE-

16 USC Sec. 1284 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1284. Existing State jurisdiction and responsibilities

-STATUTE-

(a) Fish and wildlife

Nothing in this chapter shall affect the jurisdiction or

responsibilities of the States with respect to fish and wildlife.

Hunting and fishing shall be permitted on lands and waters

administered as parts of the system under applicable State and

Federal laws and regulations unless, in the case of hunting, those

lands or waters are within a national park or monument. The

administering Secretary may, however, designate zones where, and

establish periods when, no hunting is permitted for reasons of

public safety, administration, or public use and enjoyment and

shall issue appropriate regulations after consultation with the

wildlife agency of the State or States affected.

(b) Compensation for water rights

The jurisdiction of the States and the United States over waters

of any stream included in a national wild, scenic or recreation

river area shall be determined by established principles of law.

Under the provisions of this chapter, any taking by the United

States of a water right which is vested under either State or

Federal law at the time such river is included in the national wild

and scenic rivers system shall entitle the owner thereof to just

compensation. Nothing in this chapter shall constitute an express

or implied claim or denial on the part of the Federal Government as

to exemption from State water laws.

(c) Reservation of waters for other purposes or in unnecessary

quantities prohibited

Designation of any stream or portion thereof as a national wild,

scenic or recreational river area shall not be construed as a

reservation of the waters of such streams for purposes other than

those specified in this chapter, or in quantities greater than

necessary to accomplish these purposes.

(d) State jurisdiction over included streams

The jurisdiction of the States over waters of any stream included

in a national wild, scenic or recreational river area shall be

unaffected by this chapter to the extent that such jurisdiction may

be exercised without impairing the purposes of this chapter or its

administration.

(e) Interstate compacts

Nothing contained in this chapter shall be construed to alter,

amend, repeal, interpret, modify, or be in conflict with any

interstate compact made by any States which contain any portion of

the national wild and scenic rivers system.

(f) Rights of access to streams

Nothing in this chapter shall affect existing rights of any

State, including the right of access, with respect to the beds of

navigable streams, tributaries, or rivers (or segments thereof)

located in a national wild, scenic or recreational river area.

(g) Easements and rights-of-way

The Secretary of the Interior or the Secretary of Agriculture, as

the case may be, may grant easements and rights-of-way upon, over,

under, across, or through any component of the national wild and

scenic rivers system in accordance with the laws applicable to the

national park system and the national forest system, respectively:

Provided, That any conditions precedent to granting such easements

and rights-of-way shall be related to the policy and purpose of

this chapter.

-SOURCE-

(Pub. L. 90-542, Sec. 13, Oct. 2, 1968, 82 Stat. 917.)

-CITE-

16 USC Sec. 1285 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1285. Claim and allowance of charitable deduction for

contribution or gift of easement

-STATUTE-

The claim and allowance of the value of an easement as a

charitable contribution under section 170 of title 26, or as a gift

under section 2522 of said title shall constitute an agreement by

the donor on behalf of himself, his heirs, and assigns that, if the

terms of the instrument creating the easement are violated, the

donee or the United States may acquire the servient estate at its

fair market value as of the time the easement was donated minus the

value of the easement claimed and allowed as a charitable

contribution or gift.

-SOURCE-

(Pub. L. 90-542, Sec. 14, Oct. 2, 1968, 82 Stat. 918.)

-CITE-

16 USC Sec. 1285a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1285a. Lease of Federal lands

-STATUTE-

(a) Authority of Secretary; restrictive covenants

Where appropriate in the discretion of the Secretary, he may

lease federally owned land (or any interest therein) which is

within the boundaries of any component of the National Wild and

Scenic Rivers System and which has been acquired by the Secretary

under this chapter. Such lease shall be subject to such

restrictive covenants as may be necessary to carry out the purposes

of this chapter.

(b) Offer to prior owner

Any land to be leased by the Secretary under this section shall

be offered first for such lease to the person who owned such land

immediately before its acquisition by the United States.

-SOURCE-

(Pub. L. 90-542, Sec. 14A, as added Pub. L. 95-625, title VII, Sec.

764, Nov. 10, 1978, 92 Stat. 3534.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1279 of this title.

-CITE-

16 USC Sec. 1285b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1285b. Establishment of boundaries for certain component

rivers in Alaska; withdrawal of minerals

-STATUTE-

Notwithstanding any other provision to the contrary in sections

1274 and 1280 of this title, with respect to components of the

National Wild and Scenic Rivers System in Alaska designated by

paragraphs (38) through (50) of section 1274(a) of this title -

(1) the boundary of each such river shall include an average of

not more than six hundred and forty acres per mile on both sides

of the river. Such boundary shall not include any lands owned by

the State or a political subdivision of the State nor shall such

boundary extend around any private lands adjoining the river in

such manner as to surround or effectively surround such private

lands; and

(2) the withdrawal made by paragraph (iii) of section 1280(a)

of this title shall apply to the minerals in Federal lands which

constitute the bed or bank or are situated within one-half mile

of the bank of any river designated a wild river by the Alaska

National Interest Lands Conservation Act.

-SOURCE-

(Pub. L. 90-542, Sec. 15, as added Pub. L. 96-487, title VI, Sec.

606(a), Dec. 2, 1980, 94 Stat. 2416.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska National Interest Lands Conservation Act, referred to

in par. (2), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 3101 of this title and

Tables.

-CITE-

16 USC Sec. 1286 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1286. Definitions

-STATUTE-

As used in this chapter, the term -

(a) ''River'' means a flowing body of water or estuary or a

section, portion, or tributary thereof, including rivers, streams,

creeks, runs, kills, rills, and small lakes.

(b) ''Free-flowing'', as applied to any river or section of a

river, means existing or flowing in natural condition without

impoundment, diversion, straightening, rip-rapping, or other

modification of the waterway. The existence, however, of low dams,

diversion works, and other minor structures at the time any river

is proposed for inclusion in the national wild and scenic rivers

system shall not automatically bar its consideration for such

inclusion: Provided, That this shall not be construed to authorize,

intend, or encourage future construction of such structures within

components of the national wild and scenic rivers system.

(c) ''Scenic easement'' means the right to control the use of

land (including the air space above such land) within the

authorized boundaries of a component of the wild and scenic rivers

system, for the purpose of protecting the natural qualities of a

designated wild, scenic or recreational river area, but such

control shall not affect, without the owner's consent, any regular

use exercised prior to the acquisition of the easement. For any

designated wild and scenic river, the appropriate Secretary shall

treat the acquisition of fee title with the reservation of regular

existing uses to the owner as a scenic easement for purposes of

this chapter. Such an acquisition shall not constitute fee title

ownership for purposes of section 1277(b) of this title.

-SOURCE-

(Pub. L. 90-542, Sec. 16, formerly Sec. 15, Oct. 2, 1968, 82 Stat.

918; Pub. L. 93-279, Sec. 1(c), May 10, 1974, 88 Stat. 123;

renumbered Pub. L. 96-487, title VI, Sec. 606(a), Dec. 2, 1980, 94

Stat. 2416; Pub. L. 99-590, title V, Sec. 510, Oct. 30, 1986, 100

Stat. 3337.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-590 inserted provisions relating

to function of appropriate Secretary with respect to acquisition of

fee title.

1974 - Subsec. (c). Pub. L. 93-279 substituted ''within the

authorized boundaries of a component of the wild and scenic rivers

system, for the purpose of protecting the natural qualities of a

designated wild, scenic or recreational river area'' for ''for the

purposes of protecting the scenic view from the river''.

-CITE-

16 USC Sec. 1287 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 28 - WILD AND SCENIC RIVERS

-HEAD-

Sec. 1287. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated, including such

sums as have heretofore been appropriated, the following amounts

for land acquisition for each of the rivers (described in section

1274(a) of this title):

Clearwater, Middle Fork, Idaho, $2,909,800;

Eleven Point, Missouri, $10,407,000;

Feather Middle Fork, California, $3,935,700;

Rio Grande, New Mexico, $253,000;

Rogue, Oregon, $15,147,000;

St. Croix, Minnesota and Wisconsin, $21,769,000;

Salmon Middle Fork, Idaho, $1,837,000;

Wolf, Wisconsin, $142,150.

-SOURCE-

(Pub. L. 90-542, Sec. 17, formerly Sec. 16, Oct. 2, 1968, 82 Stat.

918; Pub. L. 93-279, Sec. 1(d), May 10, 1974, 88 Stat. 123; Pub. L.

94-273, Sec. 2(11), Apr. 21, 1976, 90 Stat. 375; Pub. L. 95-625,

title VII, Sec. 751-754, 763(c), Nov. 10, 1978, 92 Stat. 3532,

3533; renumbered Pub. L. 96-487, title VI, Sec. 606(a), Dec. 2,

1980, 94 Stat. 2416.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-625, Sec. 751-754, 763(c), increased

appropriations authorization for the following rivers, substituting

for:

Eleven Point, $10,407,000 for $4,906,500;

Rogue, $15,147,000 for $12,447,200;

Saint Croix, $21,769,000 for $11,768,550; and

Salmon, $1,837,000 for $1,237,100; and

struck out subsec. (a) designation and subsec. (b) which provided

for expiration of authority to make authorized appropriations on

Sept. 30, 1979.

1976 - Subsec. (b). Pub. L. 94-273 substituted ''September'' for

''June''.

1974 - Pub. L. 93-279 added subsecs. (a) and (b). Former

unlettered provisions authorizing appropriation of amounts up to

$17,000,000 for the acquisition of lands and interests in land were

struck out.

-CITE-