Wild and Scenic Rivers Act

Wild & Scenic Rivers Act
An Act1
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

SECTION 1.
(a) This Act may be cited as the “Wild and Scenic Rivers Act.”
(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.
(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.

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

1

The W ild 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.

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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).
(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.

SECTION 3.
(a) The following rivers and the land adjacent thereto are hereby designated as components
of the national wild and scenic rivers system:
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[List of designated rivers omitted. Please see following list.]
(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
is provided in subsection (a)), establish detailed boundaries therefore (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.
(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.
(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.

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
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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 Chairman of the Federal Power Commission, 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.

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(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 Chairman of the Federal Power Commission,
and the head of any other affected Federal department or agency and shall evaluate and give
due weight to any recommendations or comments which the said officials furnish him within
ninety days of the date on which it is submitted to them. If he approves the proposed
inclusion, he shall publish notice thereof in the Federal Register.
(d) 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.

SECTION 5.
(a) The following rivers are hereby designated for potential addition to the national wild and
scenic rivers system:
[List of study rivers and study periods is omitted. If you need the list,
please contact a Council member.]
(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.
(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.
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(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.

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.
(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
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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 therefore, 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.

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(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 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.

SECTION 7.
(a) The Federal Power Commission shall not license the construction of any dam, water
conduit, reservoir, powerhouse, transmission line, or other project works under the Federal
Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly affecting any
river which is designated in section 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
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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 effect the component and the values to
be protected by it under this Act. Any license heretofore or hereafter issued by the Federal
Power Commission affecting the New River of North Carolina shall continue to be effective
only for that portion of the river which is not included in the National Wild and Scenic
Rivers System pursuant to section 2 of this Act and no project or undertaking so licensed
shall be permitted to invade, inundate or otherwise adversely affect such river segment.
(b) The Federal Power Commission shall not license the construction of any dam, water
conduit, reservoir, powerhouse, transmission line, or other project works under the Federal
Power Act, as amended, 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 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 under section 2(a)(ii) of
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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 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.
(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.
4601-5 et seq.).

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) 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
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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.

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 components in question.
(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
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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.
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 esthetic, 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), 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
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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.

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).
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Intera gen cy W ild & Sce nic R ivers Coordina ting C oun cil

(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.

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 the date of enactment of this sentence, 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.

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
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The Wild & Scenic Rivers Act

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.

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Intera gen cy W ild & Sce nic R ivers Coordina ting C oun cil

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.

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.

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.

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The Wild & Scenic Rivers Act

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
modifi-cation 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).

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.

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