Wild and Scenic Rivers Act
(P.L. 90-542, as amended) (16 U.S.C.
1271-1287)
1An Act To provide for a National Wild and
Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that,
(a) this Act may be cited as the "Wild and Scenic Rivers Act."
Congressional declaration of policy.
(b) It is hereby declared to be the policy of the United States that
certain selected rivers of the Nation which, with their immediate
environments, possess outstandingly remarkable scenic, recreational,
geologic, fish and wildlife, historic, cultural, or other similar values,
shall be preserved in free-flowing condition, and that they and their
immediate environments shall be protected for the benefit and enjoyment of
present and future generations. The Congress declares that the established
national policy of dam and other construction at appropriate sections of
the rivers of the United States needs to be complemented by a policy that
would preserve other selected rivers or sections thereof in their
free-flowing condition to protect the water quality of such rivers and to
fulfill other vital national conservation purposes.
Congressional declaration of purpose.
(c) The purpose of this Act is to implement this policy by instituting
a national wild and scenic rivers system, by designating the initial
components of that system, and by prescribing the methods by which and
standards according to which additional components may be added to the
system from time to time.
Composition of system; requirements for
State-administered components.
SECTION 2. (a) The national wild and scenic rivers system shall
comprise rivers (i) that are authorized for inclusion therein by Act of
Congress, or (ii) that are designated as wild, scenic or recreational
rivers by or pursuant to an act of the legislature of the State or States
through which they flow, that are to be permanently administered as wild,
scenic or recreational rivers by an agency or political subdivision of the
State or States concerned, that are found by the Secretary of the
Interior, upon application of the Governor of the State or the Governors
of the States concerned, or a person or persons thereunto duly appointed
by him or them, to meet the criteria established in this Act and such
criteria supplementary thereto as he may prescribe, and that are approved
by him for inclusion in the system, including, upon application of the
Governor of the State concerned, the Allagash Wilderness Waterway, Maine;
that segment of the Wolf River, Wisconsin, which flows through Langlade
County; and that segment of the New River in North Carolina extending from
its confluence with Dog Creek downstream approximately 26.5 miles to the
Virginia State line. Upon receipt of an application under clause (ii) of
this subsection, the Secretary shall notify the Federal Energy Regulatory
Commission and publish such application in the Federal Register.
Each river designated under clause (ii) shall be administered by the State
or political subdivision thereof without expense to the United States
other than for administration and management of federally owned lands. For
purposes of the preceding sentence, amounts made available to any State or
political subdivision under the Land and Water Conservation [Fund] Act of
1965 or any other provision of law shall not be treated as an expense to
the United States. Nothing in this subsection shall be construed to
provide for the transfer to, or administration by, a State or local
authority of any federally owned lands which are within the boundaries of
any river included within the system under clause (ii).
Classification.
(b) A wild, scenic or recreational river area eligible to be included
in the system is a free-flowing stream and the related adjacent land area
that possesses one or more of the values referred to in Section 1,
subsection (b) of this Act. Every wild, scenic or recreational river in
its free-flowing condition, or upon restoration to this condition, shall
be considered eligible for inclusion in the national wild and scenic
rivers system and, if included, shall be classified, designated, and
administered as one of the following:
(1) Wild river areas -- Those rivers or sections of rivers that
are free of impoundments and generally inaccessible except by trail, with
watersheds or shorelines essentially primitive and waters unpolluted.
These represent vestiges of primitive America.
(2) Scenic river areas -- Those rivers or sections of rivers
that are free of impoundments, with shorelines or watersheds still largely
primitive and shorelines largely undeveloped, but accessible in places by
roads.
(3) Recreational river areas -- Those rivers or sections of
rivers that are readily accessible by road or railroad, that may have some
development along their shorelines, and that may have undergone some
impoundment or diversion in the past.
Congressionally designated components.
SECTION 3. (a) The following rivers and the land adjacent thereto are
hereby designated as components of the national wild and scenic rivers
system:
(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) ELEVEN POINT, MISSOURI. -- The segment of the river
extending downstream from Thomasville, to State Highway 142; to be
administered by the Secretary of Agriculture.1a
(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 dam near Taylors Falls, Minnesota, and the dam near Gordon,
Wisconsin, and its tributary, the Namekagon, from Lake Namekagon
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 Act may be expended for the
acquisition or development of lands in connection with, or for
administration under this Act 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 Act. Said agreement may also include
provision for State or local governmental participation as authorized
under subsection (e) of section 10 of this Act. 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 6 of this Act.
(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 States of Minnesota and Wisconsin.2
(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 [the]
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 the date of enactment of this paragraph [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.3 -- 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.3 -- 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 the date of enactment of this paragraph [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.4 -- 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
Free-flowing 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) within one year
following the date of enactment of this paragraph [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 Act 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) with respect to the segment referred to in this paragraph within one
year from the date of enactment of this paragraph. Any development or
management plan prepared pursuant to subsection (b) 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 Act 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 Act, 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 the date of enactment of this paragraph [November 10,
1978], take such action with respect to the segment referred to in this
paragraph as is provided for under subsection (b). 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) 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 Act 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 Act 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) with respect to the segments referred to in this paragraph
within one year from the date of enactment of this paragraph [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 Act 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.5 -- 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)6 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
Interior and Insular Affairs 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 Act 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 Act 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 the date of enactment of
this paragraph [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 shall be compatible with the purposes of this Act 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 the date of the
enactment of this paragraph [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
6(g)(3), January 1 of the calendar year [1977] preceding the calendar year
in which this paragraph is enacted shall be substituted for January 1,
1967. For purposes of carrying out the provisions of this Act 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)
within one year from the date of enactment of this section [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 the date of enactment of
this paragraph 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 Act. 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 subsection 6(a) of this Act, 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 the Act
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 Act shall be deemed to prohibit the removal of sand and
gravel above 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 the date of enactment of this paragraph
[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 the date of enactment of this paragraph [June 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
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 7(a) of this Act 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.7
(25) ALAGNAK, ALASKA.8 -- 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 of the river 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 Katmai
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
Paxson 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 the date
of enactment of this paragraph [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 the date of enactment of this paragraph [September 28, 1984], the
Secretary shall take such action as is required under subsection (b) of
this section. Nothing is this Act 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 13, 1913, commonly referred to as the
Raker Act (38 Stat. 242) and including any agreement or administrative
ruling entered into or made effective before the enactment of this
paragraph [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 the date of enactment of this paragraph [October 19,
1984]. For the purposes of this Act 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 the date of enactment of this paragraph
[October 19, 1984]. For the purposes of this Act 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 6 of this Act, the Secretary is
authorized to utilize the authority of this Act and those pertaining to
the National Forests to acquire by purchase with donated or appropriated
funds, donation, or 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.9 -- 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
Comanche Peak Wilderness Boundary, approximately four miles, as a wild
river.
(D) Beginning at the Comanche 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 principle 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 principle 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.10 -- 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.11 -- 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 2(b)(2). 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.
(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.12
(62) MERCED, CALIFORNIA. --
(A) The main stem from its sources (including Red Peak Fork, Merced
Peak Fork, Triple Peak Fork, and Lyle Fork) on the south side 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 and for
development.
(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 7 of this Act (16 U.S.C. 1278), 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), the minerals to 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.13
(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 the enactment of this paragraph [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) 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 to carry
out the purposes of this paragraph.
(64) NORTH FORK KERN RIVER, CALIFORNIA. --
(A) 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 Act 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 the date of enactment of this paragraph [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 WSR-BLU/20,000, and dated
January 1987; 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 Act 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 the date of
enactment of this paragraph [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 Act shall affect the management by the State of
hunting and fishing within the segment designated under this paragraph.
Nothing in this Act 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 the enactment of this paragraph [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 the
date of enactment of this paragraph [October 26, 1988]. Nothing in this
Act shall be construed to affect the continuation of studies relating to
such projects which were commenced before the enactment of this
paragraph.
(66) SIPSEY FORK OF THE WEST FORK, ALABAMA. --
(A) 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 its 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 its 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 10(e) of this Act. 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 section 3(d) of this Act 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 the date of enactment of
this subparagraph [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 the enactment of this paragraph [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 6 of this
Act.
(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.14 -- 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 Act 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 10(e) of this Act 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; and (F) the 13.25-mile
segment of Fish Creek from its headwaters to its confluence with the
Donner und Blitzen.
(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 10(e) of this
Act.
(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 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 10(e) of this Act 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.
(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; 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 10(e) of
this Act.
(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 Act 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.l-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 eastern most boundary of the Wenaha State Wildlife Area as a scenic
area; and (C) the 0.15-mile segment from the eastern most 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 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), 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 Act. 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.15
(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 the 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 the enactment of this
paragraph, 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 9.
(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 the enactment
of this paragraph, 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 9.
(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| 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| 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| 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| Gasquest 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| 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| 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 15| Gasquet topographic map to its
confluence with the East Fork Patrick Creek, as a recreational river; (L)
Little Jones Creek from its headwaters in section 34, T. 17 N., R. 3 E.,
as depicted on the 1951 USGS 15| 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| 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| 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| 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| 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| 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., as depicted on the 1951 15| 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| 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| 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| 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| 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| 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| 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| Preston Peak topographic map, to its confluence with the South
Siskiyou Fork Smith River, as a wild river; (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| 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 1956 USGS 15|
Preston Peak topographic map, to Blackhawk Bar, as a wild river; (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| Ship Mountain topographic map, to its confluence with Eight Mile
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| Dillon Mountain
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| Dillon Mountain 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| 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| 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| 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| 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| 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| 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| 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| 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| 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| 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. 3 E., as
depicted on the 1952 USGS 15| Ship Mountain topographic map, to its
confluence with the South Fork Smith River, as a recreational river; (S)
Rock Creek from the national forest boundary in section 6, T. 15 N., R. 2
E., as depicted on the 1952 USGS 15| 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| 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), 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 Act and this paragraph, are declared to be beneficial uses
and the priority date of such right shall be the date of enactment of this
paragraph [November 28, 1990].
(D) The comprehensive management plan developed under subsection (d)
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.16
(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.17
(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.17
(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
norther, 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. Notwithstanding any limitation
contained in this Act, 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 Act.
(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 original 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 10(e) of this Act; 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 10(e) of this Act.18
(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.19
(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 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, approximately 2.7 miles, as a recreational river; (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 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, approximately 9 miles, as a scenic river; (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) MAURICE RIVER, MIDDLE SEGMENT.20 -- 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) 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) 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 plan, approximately
3.6 miles, to be administered by the Secretary of the Interior as a scenic
river.
(149) 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) 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.21
(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.21
(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.22
(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 the
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 10(e) of
this Act. 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 Act. Such plan shall be deemed to satisfy the
requirement for a comprehensive management plan pursuant to section 3(d)
of this Act.23
Establishment of boundaries; classification.
(b) 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) (except where a different date if [is]
provided in subsection (a)), 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 2,
subsection (b), of this Act 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.
Public availability of maps and descriptions.
(c) 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.
Review requirements for early designations and
management plans.
(d)(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 Act. 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.
Requirements for study reports.
SECTION 4. (a) 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 Act. Such studies shall be completed and such reports shall be
made to the Congress with respect to all rivers named in subparagraphs
5(a) (1) through (27) of this Act 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 (79 Stat. 244; 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) 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.
Review requirements for State components.
(c) 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 the 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.
Study boundaries.
(d) The boundaries of any river proposed in section 5(a) of this Act
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
3(b) of this Act, 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.
Study rivers.
SECTION 5. (a) 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 Act.
(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 Elliot 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 Connellsvsille,
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) Nolichucky, 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 [its]
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 Forest County downstream to Old Alexander Bridge Landing in
Stone County.
(67) Allegheny, Pennsylvania. -- The main stem from Kinzua Dam
downstream to East Brady.
(68) Capacon, 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 the date of enactment of this paragraph [June
19, 1984] and an interim report shall be prepared and submitted to the
Congress no later than three years from the date of enactment of this
paragraph.
(90) Horsepasture, North Carolina. -- The segment from Bohaynee
Road (N.C. 281) downstream to Lake Jocassee.
(91) North Umpqua, Oregon. -- The segment from the Soda Springs
Powerhouse to the confluence of Rock Creek. The provisions of section 7(a)
shall apply to tributary Steamboat Creek in the same manner as such
provisions apply to the rivers referred to in such section 7(a). 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.25 -- 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 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.26
(106) St. Marys River, Florida and Georgia.27 -- The
segment from its headwaters to its confluence with the Bells River.
(109) Mills River, North Carolina.28 -- 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,
Massachusetts.29 -- 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 the date of enactment of this paragraph.
(111) Niobrara, Nebraska. -- The 6-mile segment of the river
from its confluence with Chimney Creek to its confluence with Rock
Creek.30
(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.
(112) White Clay Creek, Delaware and Pennsylvania.31
-- 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
[sic] 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.32
(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.33
(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 Act 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 the date of enactment of
this paragraph. The study of the river segment identified in this
paragraph shall be completed and reported on within one year after the
date of enactment of this paragraph [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.
( ) Wekiva River, Florida. -- (A) The entire river.
(B) The Seminole Creek tributary.
(C) The Rock Springs Run tributary.
Study periods.
(b)(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
the date of enactment of this Act [January 3, 1975], whichever is earlier.
Studies of the river[s] named in paragraphs (38), (55), (83), and (87)
shall be completed and the reports transmitted to the Congress not later
than January 1, 1987.
(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) shall be completed and reports submitted thereon not later
than five full fiscal years after the date of the enactment of this
paragraph [November 10, 1978]. The study of rivers named in paragraphs
(62) through (64) of subsection (a) 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) shall be completed not later
than three years after the date of enactment of this sentence [October 17,
1984]. The study of the river named in paragraph (93) of subsection (a)
shall be completed not later than three years after the date of the
enactment of this sentence [October 30, 1986].
(4) For the purposes of conducting the studies of rivers named in
subsection (a), there are authorized to be appropriated such sums as
necessary. Effective October 1, 1986, there are authorized to be
appropriated for the purpose of conducting the study of the river named in
paragraph (93) not to exceed $150,000.
(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 date of enactment of this paragraph [December 2, 1980]. For the
rivers listed in paragraphs (77), (78), and (79) the studies prepared and
transmitted to the Congress pursuant to section 105(c) of the Naval
Petroleum Reserves Production Act of 1976 (Public Law 94-258) shall
satisfy the requirements of this section.
(6) Studies of rivers listed in paragraphs (80) and (81) shall be
completed, and reports submitted within and not later than the time when
the Bristol Bay Cooperative Region Plan is submitted to Congress in
accordance with section 120434 of the Alaska National Interest Lands
Conservation Act.
(7) The study of the West Branch of the Farmington River identified in
paragraph (92) of subsection (a) shall be completed and the report
submitted thereon not later than the end of the third fiscal year
beginning after the enactment of this paragraph [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 the date of enactment of this paragraph [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 the date of enactment of this paragraph [August 10, 1990].
(8)35 The study of the river named in paragraph (106)27 of
subsection (a) shall be completed no later than three years after the date
of enactment of this paragraph [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 resources values, and the development of alternatives for
the protection of these 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.
(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 the date of enactment of this paragraph [December
11, 1991].
(11)(A)36 The study of the White Clay Creek in Delaware and
Pennsylvania shall be completed and the report submitted not later than 3
years after the date of enactment of this paragraph [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 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.
(11)37 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) 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 the date of enactment of this paragraph [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, and shall encourage public participation and
involvement through hearings, workshops, and such other means as are
necessary to be effective.
(11)(A)38 The study of the Delaware River segments and
tributaries designated for potential addition to the national wild and
scenic rivers system pursuant to section 5(a)(133) of this Act shall be
completed and the report submitted to Congress not later than one year
after the date of enactment of this paragraph [October 23, 1992].
(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 11(b)(1) of this Act, 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
boundary of Bucks County, Pennsylvania.
(12) The study of the Rio Grande in New Mexico shall be completed and
the report submitted not later that 3 years after the date of enactment of
the paragraph.
Additional study requirements.
(c) The study of any of said rivers shall be pursued in as close
cooperation with appropriate agencies of the affected State and its
political subdivisions as possible, shall be carried on jointly with such
agencies if request for such joint study is made by the State, and shall
include a determination of the degree to which the State or its political
subdivisions might participate in the preservation and administration of
the river should it be proposed for inclusion in the national wild and
scenic rivers system.
Federal agency consideration of wild and scenic
values.
(d)(1) In all planning for the use and development of water and
related land resources, consideration shall be given by all Federal
agencies involved to potential national wild, scenic and recreational
river areas, and all river basin and project plan reports submitted to the
Congress shall consider and discuss any such potentials. The Secretary of
the Interior and the Secretary of Agriculture shall make specific studies
and investigations to determine which additional wild, scenic and
recreational river areas within the United States shall be evaluated in
planning reports by all Federal agencies as potential alternative uses of
the water and related land resources involved.
(2) The Congress finds that the Secretary of the Interior, in
preparing the Nationwide Rivers Inventory as a specific study for possible
additions to the national wild and scenic rivers system, identified the
Upper Klamath River from below the John Boyle Dam to the Oregon-California
State line. The Secretary, acting through the Bureau of Land Management,
is authorized under this subsection to complete a study of the eligibility
and suitability of such segment for potential addition to the national
wild and scenic rivers system. Such study shall be completed, and a report
containing the results of the study shall be submitted to Congress by
April 1, 1990. Nothing in this paragraph shall affect the authority or
responsibilities of any other Federal agency with respect to activities or
action on this segment and its immediate environment.
Acquisition procedures and limitations.
SECTION 6. (a)(1) The Secretary of the Interior and the Secretary of
Agriculture are each authorized to acquire lands and interests in land
within the authorized boundaries of any component of the national wild and
scenic rivers system designated in section 3 of this Act, or hereafter
designated for inclusion in the system by Act of Congress, which is
administered by him, but he shall not acquire fee title to an average of
more than 100 acres per mile on both sides of the river. Lands owned by a
State may be acquired only by donation or by exchange in accordance with
the subsection (d) of this section. Lands owned by an Indian tribe or a
political subdivision of a State may not be acquired without the consent
of the appropriate governing body thereof as long as the Indian tribe or
political subdivision is following a plan for management and protection of
the lands which the Secretary finds protects the land and assures its use
for purposes consistent with this Act. Money appropriated for Federal
purposes from the land and water conservation fund shall, without
prejudice to the use of appropriations from other sources, be available to
Federal departments and agencies for the acquisition of property for the
purposes of this Act.
Federal agency consideration of wild and scenic
values.
(2) When a tract of land lies partially within and partially outside
the boundaries of a component of the national wild and scenic rivers
system, the appropriate Secretary may, with the consent of the landowners
for the portion outside the boundaries, acquire the entire tract. The land
or interest therein so acquired outside the boundaries shall not be
counted against the average one-hundred-acre-per-mile fee title limitation
of subsection (a)(1). The lands or interests therein outside such
boundaries, shall be disposed of, consistent with existing authorities of
law, by sale, lease, or exchange.
(b) If 50 per centum or more of the entire acreage outside the
ordinary high water mark on both sides of the river within a federally
administered wild, scenic or recreational river area is owned in fee title
by the United States, by the State or States within which it lies, or by
political subdivisions of those States, neither Secretary shall acquire
fee title to any lands by condemnation under authority of this Act.
Nothing contained in this section, however, shall preclude the use of
condemnation when necessary to clear title or to acquire scenic easements
or such other easements as are reasonably necessary to give the public
access to the river and to permit its members to traverse the length of
the area or of selected segments thereof.
(c) Neither the Secretary of the Interior nor the Secretary of
Agriculture may acquire lands by condemnation, for the purpose of
including such lands in any national wild, scenic or recreational river
area, if such lands are located within any incorporated city, village or
borough which has in force and applicable to such lands a duly adopted,
valid zoning ordinance that conforms with the purposes of this Act. In
order to carry out the provisions of this subsection the appropriate
Secretary shall issue guidelines, specifying standards for local zoning
ordinances, which are consistent with the purposes of this Act. The
standards specified in such guidelines shall have the object of (A)
prohibiting new commercial or industrial uses other than commercial or
industrial uses which are consistent with the purposes of this Act, and
(B) the protection of the bank lands by means of acreage, frontage, and
setback requirements on development.
(d) The appropriate Secretary is authorized to accept title to
non-Federal property within the authorized boundaries of any federally
administered component of the national wild and scenic rivers system
designated in section 3 of this Act or hereafter designated for inclusion
in the system by Act of Congress and, in exchange therefor, convey to the
grantor any federally owned property which is under his jurisdiction
within the State in which the component lies and which he classifies as
suitable for exchange or other disposal. The values of the properties so
exchanged either shall be approximately equal or, if they are not
approximately equal, shall be equalized by the payment of cash to the
grantor or to the Secretary as the circumstances require.
(e) The head of any Federal department or agency having administrative
jurisdiction over any lands or interests in land within the authorized
boundaries of any federally administered component of the national wild
and scenic rivers system designated in section 3 of this Act or hereafter
designated for inclusion in the system by Act of Congress is authorized to
transfer to the appropriate Secretary jurisdiction over such lands for
administration in accordance with the provisions of this Act. Lands
acquired by or transferred to the Secretary of Agriculture for the
purposes of this Act within or adjacent to a national forest shall upon
such acquisition or transfer become national forest lands.
(f) The appropriate Secretary is authorized to accept donations of
lands and interests in land, funds, and other property for use in
connection with his administration of the national wild and scenic rivers
system.
(g)(1) Any owner or owners (hereinafter in this subsection referred to
as "owner") of improved property on the date of its acquisition, may
retain for themselves and their successors or assigns a right of use and
occupancy of the improved property for noncommercial residential purposes
for a definite term not to exceed twenty-five years, or in lieu thereof,
for a term ending at the death of the owner, or the death of his spouse,
or the death of either or both of them. The owner shall elect the term to
be reserved. The appropriate Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition less the fair
market value on such a date of the right retained by the owner.
(2) A right of use and occupancy retained pursuant to this subsection
shall be subject to termination whenever the appropriate Secretary is
given reasonable cause to find that such use and occupancy is being
exercised in a manner which conflicts with the purposes of this Act. In
the event of such a finding, the Secretary shall tender to the holder of
that right an amount equal to the fair market value of that portion of the
right which remains unexpired on the date of termination. Such right of
use or occupancy shall terminate by operation of law upon tender of the
fair market price.
(3) The term "improved property", as used in this Act, means a
detached, one-family dwelling (hereinafter referred to as "dwelling"), the
construction of which was begun before January 1, 1967, (except where a
different date is specifically provided by law with respect to any
particular river), together with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the dwelling, as
the appropriate Secretary shall designate to be reasonably necessary for
the enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the dwelling
which are situated on the land so designated.
Restrictions on hydro and water resource development
projects on designated rivers.
SECTION 7. (a) The Federal Power Commission [FERC] shall not license
the construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act (41
Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly affecting
any river which is designated in section 3 of this Act as a component of
the national wild and scenic rivers system or which is hereafter
designated for inclusion in that system, and no department or agency of
the United States shall assist by loan, grant, license, or otherwise in
the construction of any water resources project that would have a direct
and adverse effect on the values for which such river was established, as
determined by the Secretary charged with its administration. Nothing
contained in the foregoing sentence, however, shall preclude licensing of,
or assistance to, developments below or above a wild, scenic or
recreational river area or on any stream tributary thereto which will not
invade the area or unreasonably diminish the scenic, recreational, and
fish and wildlife values present in the area on the date of designation of
a river as a component of the national wild and scenic rivers system. No
department or agency of the United States shall recommend authorization of
any water resources project that would have a direct and adverse effect on
the values for which such river was established, as determined by the
Secretary charged with its administration, or request appropriations to
begin construction of any such project, whether heretofore or hereafter
authorized, without advising the Secretary of the Interior or the
Secretary of Agriculture, as the case may be, in writing of its intention
so to do at least sixty days in advance, and without specifically
reporting to the Congress in writing at the time it makes its
recommendation or request in what respect construction of such project
would be in conflict with the purposes of this Act and would affect the
component and the values to be protected by it under this Act. Any license
heretofore or hereafter issued by the Federal Power Commission [FERC]
affecting the New River of North Carolina shall continue to be effective
only for that portion of the river which is not included in the national
wild and scenic rivers system pursuant to section 2 of this Act and no
project or undertaking so licensed shall be permitted to invade, inundate
or otherwise adversely affect such river segment.
Restrictions on hydro and water resource development
projects on study rivers.
(b)The Federal Power Commission [FERC] shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act, as
amended, on or directly affecting any river which is listed in section 5,
subsection (a), of this Act, and no department or agency of the United
States shall assist by loan, grant, license, or otherwise in the
construction of any water resources project that would have a direct and
adverse effect on the values for which such river might be designated, as
determined by the Secretary responsible for its study or approval -- (i)
during the ten-year period following enactment of this Act [October 2,
1968] or for a three complete fiscal year period following any Act of
Congress designating any river for potential addition to the national wild
and scenic rivers system, whichever is later, unless, prior to the
expiration of the relevant period, the Secretary of the Interior and where
national forest lands are involved, the Secretary of Agriculture, on the
basis of study, determine that such river should not be included in the
national wild and scenic rivers system and notify the Committees on
Interior and Insular Affairs of the United States Congress, in writing,
including a copy of the study upon which the determination was made, at
least one hundred and eighty days while Congress is in session prior to
publishing notice to that effect in the Federal Register:
Provided, That if any Act designating any river or rivers for
potential addition to the national wild and scenic rivers system provides
a period for the study or studies which exceeds such three complete fiscal
year period the period provided for in such Act shall be substituted for
the three complete fiscal year period in the provisions of this clause
(i); and (ii) during such interim period from the date a report is due and
the time a report is actually submitted to the Congress; and (iii) during
such additional period thereafter as, in the case of any river the report
for which is submitted to the President and the Congress for inclusion in
the national wild and scenic rivers system, is necessary for congressional
consideration thereof or, in the case of any river recommended to the
Secretary of the Interior for inclusion in the national wild and scenic
rivers system under section 2(a)(ii) of this Act, is necessary for the
Secretary's consideration thereof, which additional period, however, shall
not exceed three years in the first case and one year in the second.
Nothing contained in the foregoing sentence, however, shall preclude
licensing of, or assistance to, developments below or above a potential
wild, scenic or recreational river area or on any stream tributary thereto
which will not invade the area or diminish the scenic, recreational, and
fish and wildlife values present in the potential wild, scenic or
recreational river area on the date of designation of a river for study as
provided in section 5 of this Act. No department or agency of the United
States shall, during the periods hereinbefore specified, recommend
authorization of any water resources project on any such river or request
appropriations to begin construction of any such project, whether
heretofore or hereafter authorized, without advising the Secretary of the
Interior and, where national forest lands are involved, the Secretary of
Agriculture in writing of its intention so to do at least sixty days in
advance of doing so and without specifically reporting to the Congress in
writing at the time it makes its recommendation or request in what respect
construction of such project would be in conflict with the purposes of
this Act and would affect the component and the values to be protected by
it under this Act.
(c) The Federal Power Commission [FERC] and all other Federal agencies
shall, promptly upon enactment of this Act, inform the Secretary of the
Interior and, where national forest lands are involved, the Secretary of
Agriculture, of any proceedings, studies, or other activities within their
jurisdiction which are now in progress and which affect or may affect any
of the rivers specified in section 5, subsection (a), of this Act. They
shall likewise inform him of any such proceedings, studies, or other
activities which are hereafter commenced or resumed before they are
commenced or resumed.
Grants under Land and Water Conservation Fund Act of
1965.
(d) Nothing in this section with respect to the making of a loan or
grant shall apply to grants made under the Land and Water Conservation
Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 460l-5 et seq.).
Limitations to entry on public lands. (a) Designated
rivers.
SECTION 8. (a) All public lands within the authorized boundaries of
any component of the national wild and scenic rivers system which is
designated in section 3 of this Act or which is hereafter designated for
inclusion in that system are hereby withdrawn from entry, sale, or other
disposition under the public land laws of the United States. This
subsection shall not be construed to limit the authorities granted in
section 6(d) or section 14A of this Act.
(b) Study rivers.
(b) All public lands which constitute the bed or bank, or are within
one-quarter mile of the bank, of any river which is listed in section 5,
subsection (a), of this Act are hereby withdrawn from entry, sale, or
other disposition under the public land laws of the United States for the
periods specified in section 7, subsection (b), of this Act.
Notwithstanding the foregoing provisions of this subsection or any other
provision of this Act, subject only to valid existing rights, including
valid Native selection rights under the Alaska Native Claims Settlement
Act, all public lands which constitute the bed or bank, or are within an
area extending two miles from the bank of the river channel on both sides
of the river segments referred to in paragraphs (77) through (88) of
section 5(a) are hereby withdrawn from entry, sale, State selection or
other disposition under the public land laws of the Unites States for the
periods specified in section 7(b) of this Act.
Limitations on mineral entry and development on Public
Lands; designated rivers.
SECTION 9. (a) Nothing in this Act shall affect the applicability of
the United States mining and mineral leasing laws within components of the
national wild and scenic rivers system except that -- (i) all prospecting,
mining operations, and other activities on mining claims which, in the
case of a component of the system designated in section 3 of this Act,
have not heretofore been perfected or which, in the case of a component
hereafter designated pursuant to this Act or any other Act of Congress,
are not perfected before its inclusion in the system and all mining
operations and other activities under a mineral lease, license, or permit
issued or renewed after inclusion of a component in the system shall be
subject to such regulations as the Secretary of the Interior or, in the
case of national forest lands, the Secretary of Agriculture may prescribe
to effectuate the purposes of this Act; (ii) subject to valid existing
rights, the perfection of, or issuance of a patent to, any mining claim
affecting lands within the system shall confer or convey a right or title
only to the mineral deposits and such rights only to the use of the
surface and the surface resources as are reasonably required to carrying
on prospecting or mining operations and are consistent with such
regulations as may be prescribed by the Secretary of the Interior, or in
the case of national forest lands, by the Secretary of Agriculture; and
(iii) subject to valid existing rights, the minerals in Federal lands
which are part of the system and constitute the bed or bank or are
situated within one-quarter mile of the bank of any river designated a
wild river under this Act or any subsequent Act are hereby withdrawn from
all forms of appropriation under the mining laws and from operation of the
mineral leasing laws including, in both cases, amendments thereto.
Regulations issued pursuant to paragraphs (i) and (ii) of this subsection
shall, among other things, provide safeguards against pollution of the
river involved and unnecessary impairment of the scenery within the
component in question.
Study rivers.
(b) The minerals in any Federal lands which constitute the bed or bank
or are situated within one-quarter mile of the bank of any river which is
listed in section 5, subsection (a) of this Act are hereby withdrawn from
all forms of appropriation under the mining laws during the periods
specified in section 7, subsection (b) of this Act. Nothing contained in
this subsection shall be construed to forbid prospecting or the issuance
of leases, licenses, and permits under the mineral leasing laws subject to
such conditions as the Secretary of the Interior and, in the case of
national forest lands, the Secretary of Agriculture find appropriate to
safeguard the area in the event it is subsequently included in the system.
Notwithstanding the foregoing provisions of this subsection or any other
provision of this Act, all public lands which constitute the bed or bank,
or are within an area extending two miles from the bank of the river
channel on both sides of the river segments referred to in paragraphs (77)
through (88) of section 5(a), are hereby withdrawn, subject to valid
existing rights, from all forms of appropriation under the mining laws and
from operation of the mineral leasing laws including, in both cases,
amendments thereto, during the periods specified in section 7(b) of this
Act.
Management direction.
SECTION 10. (a) Each component of the national wild and scenic rivers
system shall be administered in such manner as to protect and enhance the
values which caused it to be included in said system without, insofar as
is consistent therewith, limiting other uses that do not substantially
interfere with public use and enjoyment of these values. In such
administration primary emphasis shall be given to protecting its
aesthetic, scenic, historic, archaeologic, and scientific features.
Management plans for any such component may establish varying degrees of
intensity for its protection and development, based on the special
attributes of the area.
(b) Any portion of a component of the national wild and scenic rivers
system that is within the national wilderness preservation system, as
established by or pursuant to the Act of September 3, 1964 (78 Stat. 890;
16 U.S.C., ch. 23),39 shall be subject to the provisions of
both the Wilderness Act and this Act with respect to preservation of such
river and its immediate environment, and in case of conflict between the
provisions of these Acts the more restrictive provisions shall apply.
(c) Any component of the national wild and scenic rivers system that
is administered by the Secretary of the Interior through the National Park
Service shall become a part of the national park system, and any such
component that is administered by the Secretary through the Fish and
Wildlife Service shall become a part of the national wildlife refuge
system. The lands involved shall be subject to the provisions of this Act
and the Acts under which the national park system or national wildlife
refuge system, as the case may be, is administered, and in case of
conflict between the provisions of these Acts, the more restrictive
provisions shall apply. The Secretary of the Interior, in his
administration of any component of the national wild and scenic rivers
system, may utilize such general statutory authorities relating to areas
of the national park system and such general statutory authorities
otherwise available to him for recreation and preservation purposes and
for the conservation and management of natural resources as he deems
appropriate to carry out the purposes of this Act.
(d) The Secretary of Agriculture, in his administration of any
component of the national wild and scenic rivers system area, may utilize
the general statutory authorities relating to the national forests in such
manner as he deems appropriate to carry out the purposes of this Act.
(e) The Federal agency charged with the administration of any
component of the national wild and scenic rivers system may enter into
written cooperative agreements with the Governor of a State, the head of
any State agency, or the appropriate official of a political subdivision
of a State for State or local governmental participation in the
administration of the component. The States and their political
subdivisions shall be encouraged to cooperate in the planning and
administration of components of the system which include or adjoin
State-or county-owned lands.
Federal assistance to others; cooperation; use of
volunteers.
SECTION 11. (a) The Secretary of the Interior shall encourage and
assist the States to consider, in formulating and carrying out their
comprehensive statewide outdoor recreation plans and proposals for
financing assistance for State and local projects submitted pursuant to
the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), needs and
opportunities for establishing State and local wild, scenic and
recreational river areas.
(b)(1) The Secretary of the Interior, the Secretary of Agriculture, or
the head of any other Federal agency, shall assist, advise, and cooperate
with States or their political subdivisions, landowners, private
organizations, or individuals to plan, protect, and manage river
resources. Such assistance, advice and cooperation may be through written
agreements or otherwise. This authority applies within or outside a
federally administered area and applies to rivers which are components of
the national wild and scenic rivers system and to other rivers. Any
agreement under this subsection may include provisions for limited
financial or other assistance to encourage participation in the
acquisition, protection, and management of river resources.
(2) Wherever appropriate in furtherance of this Act, the Secretary of
Agriculture and the Secretary of the Interior are authorized and
encouraged to utilize the following:
(A) For activities on federally owned land, the Volunteers in the
Parks Act of 1969 (16 U.S.C. 18g-j) and the Volunteers in the Forest Act
of 1972 (16 U.S.C. 558a-558d).
(B) For activities on all other lands, section 6 of the Land and Water
Conservation Fund Act of 1965 (relating to the development of statewide
comprehensive outdoor recreation plans).
(3) For purposes of this subsection, the appropriate Secretary or the
head of any Federal agency may utilize and make available Federal
facilities, equipment, tools and technical assistance to volunteers and
volunteer organizations, subject to such limitations and restrictions as
the appropriate Secretary or the head of any Federal agency deems
necessary or desirable.
(4) No permit or other authorization provided for under provision of
any other Federal law shall be conditioned on the existence of any
agreement provided for in this section.
Management policies
SECTION 12. (a) The Secretary of the Interior, the Secretary of
Agriculture, and the head of any other Federal department or agency having
jurisdiction over any lands which include, border upon, or are adjacent
to, any river included within the National Wild and Scenic Rivers System
or under consideration for such inclusion, in accordance with section
2(a)(ii), 3(a), or 5(a), shall take such action respecting management
policies, regulations, contracts, plans, affecting such lands, following
November 10, 1978, as may be necessary to protect such rivers in
accordance with the purposes of this Act. Such Secretary or other
department or agency head shall, where appropriate, enter into written
cooperative agreements with the appropriate State or local official for
the planning, administration, and management of Federal lands which are
within the boundaries of any rivers for which approval has been granted
under section 2(a)(ii). Particular attention shall be given to scheduled
timber harvesting, road construction, and similar activities which might
be contrary to the purposes of this Act.
(b) Nothing in this section shall be construed to abrogate any
existing rights, privileges, or contracts affecting Federal lands held by
any private party without the consent of said party.
(c) The head of any agency administering a component of the national
wild and scenic rivers system shall cooperate with the Administrator,
Environmental Protection Agency and with the appropriate State water
pollution control agencies for the purpose of eliminating or diminishing
the pollution of waters of the river.
Reservation of State and Federal jurisdiction and
responsibilities; access to and across wild and scenic rivers.
SECTION 13. (a) Nothing in this Act shall affect the jurisdiction or
responsibilities of the States with respect to fish and wildlife. Hunting
and fishing shall be permitted on lands and waters administered as parts
of the system under applicable State and Federal laws and regulations
unless, in the case of hunting, those lands or waters are within a
national park or monument. The administering Secretary may, however,
designate zones where, and establish periods when, no hunting is permitted
for reasons of public safety, administration, or public use and enjoyment
and shall issue appropriate regulations after consultation with the
wildlife agency of the State or States affected.
(b) The jurisdiction of the States and the United States over waters
of any stream included in the national wild, scenic or recreational river
area shall be determined by established principles of law. Under the
provisions of this Act, any taking by the United States of a water right
which is vested under either State or Federal law at the time such river
is included in the national wild and scenic rivers system shall entitle
the owner thereof to just compensation. Nothing in this Act shall
constitute an express or implied claim or denial on the part of the
Federal Government as to exemption from State water laws.
(c) Designation of any stream or portion thereof as a national wild,
scenic or recreational river area shall not be construed as a reservation
of the waters of such streams for purposes other than those specified in
this Act, or in quantities greater than necessary to accomplish these
purposes.
(d) The jurisdiction of the States over waters of any stream included
in a national wild, scenic or recreational river area shall be unaffected
by this Act to the extent that such jurisdiction may be exercised without
impairing the purposes of this Act or its administration.
(e) Nothing contained in this Act shall be construed to alter, amend,
repeal, interpret, modify, or be in conflict with any interstate compact
made by any States which contain any portion of the national wild and
scenic rivers system.
(f) Nothing in this Act shall affect existing rights of any State,
including the right of access, with respect to the beds of navigable
streams, tributaries, or rivers (or segments thereof) located in a
national wild, scenic or recreational river area.
(g) The Secretary of the Interior or the Secretary of Agriculture, as
the case may be, may grant easements and rights-of-way upon, over, under,
across, or through any component of the national wild and scenic rivers
system in accordance with the laws applicable to the national park system
and the national forest system, respectively: Provided, That any
conditions precedent to granting such easements and rights-of-way shall be
related to the policy and purpose of this Act.
Land donations.
SECTION 14. The claim and allowance of the value of an easement as a
charitable contribution under section 170 of title 26, United States Code,
or as a gift under section 2522 of said title shall constitute an
agreement by the donor on behalf of himself, his heirs, and assigns that,
if the terms of the instrument creating the easement are violated, the
donee or the United States may acquire the servient estate at its fair
market value as of the time the easement was donated minus the value of
the easement claimed and allowed as a charitable contribution or gift.
Lease of Federal lands.
SECTION 14A. (a) Where appropriate in the discretion of the Secretary,
he may lease federally owned land (or any interest therein) which is
within the boundaries of any component of the national wild and scenic
rivers system and which has been acquired by the Secretary under this Act.
Such lease shall be subject to such restrictive covenants as may be
necessary to carry out the purposes of this Act.
(b) Any land to be leased by the Secretary under this section shall be
offered first for such lease to the person who owned such land immediately
before its acquisition by the United States.
Exceptions for Alaska.
SECTION 15. Notwithstanding any other provision to the contrary in
sections 3 and 9 of this Act, with respect to components of the national
wild and scenic rivers system in Alaska designated by paragraphs (38)
through (50) of section 3(a) of this Act -- (1) the boundary of each such
river shall include an average of not more than six hundred and forty
acres per mile on both sides of the river. Such boundary shall not include
any lands owned by the State or a political subdivision of the State nor
shall such boundary extend around any private lands adjoining the river in
such manner as to surround or effectively surround such private lands; and
(2) the withdrawal made by paragraph (iii) of section 9(a) shall apply to
the minerals in Federal lands which constitute the bed or bank or are
situated within one-half mile of the bank of any river designated a wild
river by the Alaska National Interest Lands Conservation Act.
Definitions.
SECTION 16. As used in this Act, the term --
(a) "River" means a flowing body of water or estuary or a section,
portion, or tributary thereof, including rivers, streams, creeks, runs,
kills, rills, and small lakes.
(b) "Free-flowing", as applied to any river or section of a river,
means existing or flowing in natural condition without impoundment,
diversion, straightening, rip-rapping, or other modification of the
waterway. The existence, however, of low dams, diversion works, and other
minor structures at the time any river is proposed for inclusion in the
national wild and scenic rivers system shall not automatically bar its
consideration for such inclusion: Provided, That this shall not be
construed to authorize, intend, or encourage future construction of such
structures within components of the national wild and scenic rivers
system.
(c) "Scenic easement" means the right to control the use of land
(including the air space above such land) within the authorized boundaries
of a component of the wild and scenic rivers system, for the purpose of
protecting the natural qualities of a designated wild, scenic or
recreational river area, but such control shall not affect, without the
owner's consent, any regular use exercised prior to the acquisition of the
easement. For any designated wild and scenic river, the appropriate
Secretary shall treat the acquisition of fee title with the reservation of
regular existing uses to the owner as a scenic easement for purposes of
this Act. Such an acquisition shall not constitute fee title ownership for
purposes of section 6(b).
Authorization of appropriations for land
acquisition.
SECTION 17. There are hereby authorized to be appropriated, including
such sums as have heretofore been appropriated, the following amounts for
land acquisition for each of the rivers described in section 3(a) of this
Act:
- Clearwater, Middle Fork, Idaho, $2,909,800;
- Eleven Point, Missouri, $10,407,000;
- Feather, Middle Fork, California, $3,935,700;
- Rio Grande, New Mexico, $253,000;
- Rogue, Oregon, $15,147,000
- St. Croix, Minnesota and Wisconsin, $21,769,000;
- Salmon, Middle Fork Idaho, $1,837,000; and
- Wolf Wisconsin, $142,150.
FOOTNOTES
1 The Wild and Scenic Rivers Act (16 U.S.C. 1271-1287) as
set forth herein consists of Public Law 90-542 (October 2, 1968) and
amendments thereto.
1a Public Law 102-220 contains additional provisions.
2 Public Law 92-560, which inserted this paragraph,
contains additional provisions.
3 Public Law 94-199 added paragraphs 11 and 12. Public Law
94-199 also contains several related provisions.
4 For additional provisions of law concerning the Missouri
River segment, see Public Law 94-486 (Sec. 202 and Sec. 203).
5 The National Parks and Recreation Act of 1978, Public Law
95-625, section 704(b)-(j).
6 Section 401(p) of the Act of October 12, 1979 amended
section 704(a) of the Act of November 10, 1978 which added this section.
That amendment changed the reference here to "section 704(c)."
7 Section 9(b) of the Central Idaho Wilderness Act of 1980
(PL 96-312) contains the following provision: (b) That segment of the main
Salmon River designated as a component of the Wild and Scenic Rivers
System by this Act, which lies within the River of No Return Wilderness or
the Gospel-Hump Wilderness designated by Public Law 95-237, shall be
managed under the provisions of the Wild and Scenic Rivers Act, as
amended, and the regulations promulgated pursuant thereto, notwithstanding
section 10(b) of the Wild and Scenic Rivers Act or any provisions of the
Wilderness Act to the contrary.
8 Public Law 96-487 which designated rivers in Alaska
contains many provisions applying only to rivers in that State.
9 Title I of Public Law 99-590 contains additional
provisions concerning the Cache la Poudre.
10 Designated as paragraph (57) in original law.
11 Designated as paragraph (58) in original law.
12 Section 13 of Public Law 99-663, contains additional
provisions affecting tributaries.
13 Section 3 of Public Law 102-432 which added (62)(B)(i)
contains additional provisions.
14 Title I of Public Law 100-557 which designated rivers
(68) through (107) contains additional provisions.
15 Public Law 100-633, which inserted this paragraph,
contains additional provisions.
16 River #108, Rio Chama, is the last river which has been
numbered in section 3(a). The remaining numbers in this section have been
assigned in chronological order according to designation and probably will
be confirmed by a technical amendment to the Act.
17 Public Law 102-50 which designated this river contains
additional provisions.
18 Public Law 102-249 which designated rivers 119 through
132 contains additional provisions.
19 Public Law 102-271 which designated this river contains
additional provisions.
20 Public Law 102-275 which designated rivers 134 through
141 contains an additional provision regarding a State-administered
component.
21 Public Law 103-162 which designated this river contains
additional provisions.
22 Public Law 103-170 which designated this river contains
an additional provision.
23 Public Law 103-242 which designated this river contains
additional provisions.
24 Public Law 103-313 which designated this river contains
additional provisions.
25 Title II, Section 202 of Public Law 99-590 contains
additional provisions concerning the Farmington River.
26 Public Law 101-357 which authorized this study contains
an additional provision regarding funding.
27 Should be (108). Congress will probably pass a technical
amendment to correct the numbering sequence.
28 From this point on, except for White Clay Creek, the
authorizing legislation did not provide numbers. Numbers 109-135 have been
assigned chronologically to assist the user. Congress probably will pass a
technical amendment providing numbers.
29 Public Law 101-628 which authorized this study contains
additional provisions.
30 Public Law 102-50 which authorized this study contains
additional provisions.
31 Should be 113.
32 Section 5 of Public Law 102-249 which authorized studies
114 through 124 contains special study provisions.
33 Section 7(b) of Public Law 102-301 which authorized
studies 127 through 131 contains additional study instructions.
34 Probably should refer to Section 1203.
35 This should be (10). Future technical amendments
probably will be made to establish correct numbering sequence.
36 Should be (12)(A).
37 Should be (13).
38 Should be (14).
39 So in original law. Refers to "the Wilderness Act."
Laws Amending or Related to the Wild and Scenic Rivers
Act.
- 92-560
- 93-621
- 94-199
- 94-486
- 95-87
- 95-625
- 96-87
- 96-312
- 96-487
- 99-590
|
- 99-663
- 100-33
- 100-150
- 100-412
- 100-552
- 100-534
- 100-557
- 100-605
- 100-633
- 100-677
|
- 101-175
- 101-357
- 101-612
- 101-628
- 102-50
- 102-220
- 102-249
- 102-271
- 102-275
- 102-301
|
- 102-432
- 102-460
- 102-536
- 103-162
- 103-170
- 103-242
- 103-313
| |