Notes on 16 U.S.C. § 1274 : US Code - Notes

Search Notes on 16 U.S.C. § 1274 : US Code - Notes

(Pub. L. 90-542, Sec. 3, Oct. 2, 1968, 82 Stat. 907; Pub. L. 92-
560, Sec. 2, Oct. 25, 1972, 86 Stat. 1174; Pub. L. 93-279, Sec.
1(a), May 10, 1974, 88 Stat. 122; Pub. L. 94-199, Sec. 3(a), Dec.
31, 1975, 89 Stat. 1117; Pub. L. 94-486, title I, Sec. 101, title
II, Sec. 201, title III, Sec. 301, title VI, Sec. 601, Oct. 12,
1976, 90 Stat. 2327, 2329, 2330; Pub. L. 95-625, title VII, Secs.
701-704(a), 705-708, 755, 763(a), Nov. 10, 1978, 92 Stat. 3521-
3523, 3527-3529, 3533; Pub. L. 96-87, title IV, Sec. 401(p)(1),
Oct. 12, 1979, 93 Stat. 666; Pub. L. 96-312, Sec. 9(a), July 23,
1980, 94 Stat. 952; Pub. L. 96-344, Sec. 16, Sept. 8, 1980, 94
Stat. 1137; Pub. L. 96-487, title VI, Secs. 601-603, Dec. 2, 1980,
94 Stat. 2412-2414; Pub. L. 96-580, Dec. 23, 1980, 94 Stat. 3370;
Pub. L. 98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60; Pub. L. 98-406,
title I, Sec. 104, Aug. 28, 1984, 98 Stat. 1491; Pub. L. 98-425,
title II, Sec. 201, Sept. 28, 1984, 98 Stat. 1632; Pub. L. 98-444,
Oct. 4, 1984, 98 Stat. 1714; Pub. L. 98-494, Sec. 1, Oct. 19, 1984,
98 Stat. 2274; Pub. L. 99-530, Sec. 1, Oct. 27, 1986, 100 Stat.
3021; Pub. L. 99-590, title I, Sec. 101, title IV, Sec. 401, title
V, Sec. 501, title VI, Sec. 601, Oct. 30, 1986, 100 Stat. 3330,
3334, 3337; Pub. L. 99-663, Sec. 13(c), Nov. 17, 1986, 100 Stat.
4294; Pub. L. 100-149, Sec. 1, Nov. 2, 1987, 101 Stat. 879; Pub. L.
100-150, Sec. 1, Nov. 3, 1987, 101 Stat. 881; Pub. L. 100-174, Nov.
24, 1987, 101 Stat. 924; Pub. L. 100-534, title III, Sec. 301,
title V, Sec. 501, Oct. 26, 1988, 102 Stat. 2706, 2708; Pub. L. 100-
547, title I, Sec. 101, Oct. 28, 1988, 102 Stat. 2736; Pub. L. 100-
554, Sec. 1, Oct. 28, 1988, 102 Stat. 2776; Pub. L. 100-557, title
I, Sec. 102, Oct. 28, 1988, 102 Stat. 2782; Pub. L. 100-633, Sec.
1, Nov. 7, 1988, 102 Stat. 3320; Pub. L. 100-668, title V, Sec.
501, Nov. 16, 1988, 102 Stat. 3967; Pub. L. 101-40, Sec. 2(a), June
20, 1989, 103 Stat. 81; Pub. L. 101-306, Sec. 2, June 6, 1990, 104
Stat. 260; Pub. L. 101-612, Sec. 10(b), Nov. 16, 1990, 104 Stat.
3215; Pub. L. 101-628, title XIII, Sec. 1302, Nov. 28, 1990, 104
Stat. 4509; Pub. L. 102-50, Sec. 2, May 24, 1991, 105 Stat. 254;
Pub. L. 102-249, Sec. 3, Mar. 3, 1992, 106 Stat. 45; Pub. L. 102-
271, Sec. 1, Apr. 20, 1992, 106 Stat. 108; Pub. L. 102-275, Sec.
2, Apr. 22, 1992, 106 Stat. 123; Pub. L. 102-301, Sec. 6, June 19,
1992, 106 Stat. 245; Pub. L. 102-432, Sec. 1, Oct. 23, 1992, 106
Stat. 2212; Pub. L. 102-536, Sec. 1, Oct. 27, 1992, 106 Stat. 3528;
Pub. L. 103-162, Sec. 2, Dec. 1, 1993, 107 Stat. 1969; Pub. L. 103-
170, Sec. 3, Dec. 2, 1993, 107 Stat. 1986; Pub. L. 103-242, Sec.
2, May 4, 1994, 108 Stat. 611; Pub. L. 103-313, Sec. 3, Aug. 26,
1994, 108 Stat. 1700; Pub. L. 103-437, Sec. 6(d)(40), Nov. 2, 1994,
108 Stat. 4585; Pub. L. 104-208, div. B, title I, Sec. 109, Sept.
30, 1996, 110 Stat. 3009-531; Pub. L. 104-314, Oct. 19, 1996, 110
Stat. 3823; Pub. L. 104-333, div. I, title IV, Secs. 405(a),
406(d), 407(a), title X, Sec. 1023(h), Nov. 12, 1996, 110 Stat.
4149, 4151, 4223; Pub. L. 106-20, Sec. 2(b), (g), Apr. 9, 1999, 113
Stat. 31, 33; Pub. L. 106-176, title I, Sec. 106(a), Mar. 10, 2000,
114 Stat. 25; Pub. L. 106-192, Sec. 2(a), May 2, 2000, 114 Stat.
233; Pub. L. 106-261, Aug. 18, 2000, 114 Stat. 735; Pub. L. 106-
299, Sec. 3, Oct. 13, 2000, 114 Stat. 1051; Pub. L. 106-357, Sec.
3, Oct. 24, 2000, 114 Stat. 1393; Pub. L. 106-399, title III, Sec.
301(a), (b), Oct. 30, 2000, 114 Stat. 1667, 1668; Pub. L. 106-418,
Sec. 3, Nov. 1, 2000, 114 Stat. 1817; Pub. L. 107-365, Sec. 2(b),
Dec. 19, 2002, 116 Stat. 3027; Pub. L. 108-352, Sec. 5, Oct. 21,
2004, 118 Stat. 1395; Pub. L. 108-447, div. E, title III, Sec. 340,
Dec. 8, 2004, 118 Stat. 3103; Pub. L. 109-44, Sec. 2, Aug. 2, 2005,
119 Stat. 443.)
REFERENCES IN TEXT
Section 704(c) of the National Parks and Recreation Act of 1978,
referred to in subsec. (a)(19), is section 704(c), Pub. L. 95-625,
Nov. 10, 1978, 92 Stat. 3524, which is set out under this section
in a note captioned "Upper Delaware Segment Special Provisions".
The Act establishing the Delaware Water Gap National Recreation
Area, referred to in subsec. (a)(20), is Pub. L. 89-158, Sept. 1,
1965, 79 Stat. 612, which is classified generally to subchapter
LXXIII (Sec. 460o et seq.) of chapter 1 of this title. For complete
classification of this Act to the Code, see Tables.
The Raker Act, referred to in subsec. (a)(53), is act Dec. 19,
1913, ch. 4, 38 Stat. 242, which is not classified to the Code.
The mining laws and the mineral leasing laws, referred to in
subsec. (a)(62)(C), (109), (110), are classified generally to Title
30, Mineral Lands and Mining.
Section 14(b) of the Federal Advisory Committee Act, referred to
in subsec. (a)(67)(B)(vii), is section 14(b) of Pub. L. 92-463,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
Section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of
1988, referred to in subsec. (a)(73)(E) and (85)(B), is section 105
of Pub. L. 100-557, which is set out as a note below.
Section 203 of the Flood Control Act of 1958, referred to in
subsec. (a)(136)(D), is section 203 of Pub. L. 85-500, title II,
July 3, 1958, 72 Stat. 305, which is not classified to the Code.
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-44 added unnumbered par. relating
to White Salmon River, Washington.
2004 - Subsec. (a)(24)(D) to (G). Pub. L. 108-447 added subpar.
(D) and redesignated former subpars. (D) to (F) as (E) to (G),
respectively.
Subsec. (a)(161). Pub. L. 108-352, Sec. 5(4), redesignated par.
(161) relating to the Lower Delaware River and associated
tributaries as par. (165).
Pub. L. 108-352, Sec. 5(2), redesignated par. (161) relating to
Wekiva River as par. (162).
Subsec. (a)(162). Pub. L. 108-352, Sec. 5(2), redesignated par.
(161) relating to Wekiva River as par. (162). Former par. (162)
redesignated par. (163).
Subsec. (a)(163). Pub. L. 108-352, Sec. 5(1), redesignated par.
(162) as par. (163).
Subsec. (a)(164). Pub. L. 108-352, Sec. 5(3), designated
unnumbered par. relating to Wildhorse and Kiger Creeks, Oregon, as
par. (164).
Subsec. (a)(165). Pub. L. 108-352, Sec. 5(4), redesignated par.
(161) relating to the Lower Delaware River and associated
tributaries as par. (165).
Subsec. (a)(166). Pub. L. 108-352, Sec. 5(5), designated
unnumbered par. relating to Rivers of Caribbean National Forest,
Puerto Rico, as par. (166).
2002 - Subsec. (a). Pub. L. 107-365 added unnumbered par.
relating to Rivers of Caribbean National Forest, Puerto Rico.
2000 - Subsec. (a). Pub. L. 106-418, Sec. 3(4), which directed
repeal of the fourth undesignated par. following par. 156,
pertaining to Elkhorn Creek and enacted by Pub. L. 104-333, could
not be executed because the undesignated par. referred to was
designated par. (159) by Pub. L. 106-20. See 1999 Amendment note
below.
Pub. L. 106-418, Sec. 3(3), which directed designation of the
third undesignated par. following par. 156, pertaining to the
Lamprey River, New Hampshire, and enacted by Pub. L. 104-333, as
par. 159, could not be executed because the undesignated par.
referred to was redesignated as par. (158) by Pub. L. 106-20. See
1999 Amendment note below.
Pub. L. 106-418, Sec. 3(2), which directed designation of the
second undesignated par. following par. 156, pertaining to the
Clarion River, Pennsylvania, and enacted by Pub. L. 104-314, as
par. 158, could not be executed because the undesignated par.
referred to was redesignated as par. (157) by Pub. L. 106-20. See
1999 Amendment note below.
Pub. L. 106-418, Sec. 3(1), which directed designation of the
first undesignated par. following par. 156, pertaining to Elkhorn
Creek and enacted by Pub. L. 104-208, as par. 157, could not be
executed because the undesignated par. referred to was repealed by
Pub. L. 106-20. See 1999 Amendment note below.
Pub. L. 106-399, Sec. 301(b), added unnumbered par. relating to
Wildhorse and Kiger Creeks, Oregon.
Subsec. (a)(74)(A). Pub. L. 106-399, Sec. 301(a)(2), substituted
period for semicolon at end.
Pub. L. 106-399, Sec. 301(a)(1), which directed the substitution
of "The" for "the" at the beginning of each subpar. in par. (74),
could not be executed to subpar. (A) because subpar. (A) does not
begin with "the".
Subsec. (a)(74)(B) to (D). Pub. L. 106-399, Sec. 301(a)(1), (2),
substituted "The" for "the" at beginning and period for semicolon
at end.
Subsec. (a)(74)(E). Pub. L. 106-399, Sec. 301(a)(1), (3),
substituted "The" for "the" at beginning and period for "; and" at
end.
Subsec. (a)(74)(F). Pub. L. 106-399, Sec. 301(a)(1), substituted
"The" for "the" at beginning.
Subsec. (a)(74)(G) to (I). Pub. L. 106-399, Sec. 301(a)(4), added
subpars. (G) to (I).
Subsec. (a)(158). Pub. L. 106-192 substituted "23.5-mile segment
extending from the Bunker Pond Dam in Epping" for "11.5-mile
segment extending from the southern Lee town line" in first
sentence and "towns of Epping," for "towns of" in second sentence.
Pub. L. 106-176 substituted "through cooperative agreements" for
"through cooperation agreements" in second sentence.
Subsec. (a)(161). Pub. L. 106-418, Sec. 3(5), added par. (161)
relating to Lower Delaware River and associated tributaries.
Pub. L. 106-299 added par. (161) relating to Wekiva River.
Pub. L. 106-261 added par. (161) relating to Wilson Creek.
Subsec. (a)(162). Pub. L. 106-357 added par. (162).
1999 - Subsec. (a). Pub. L. 106-20, Sec. 2(g)(1), struck out
unnumbered par. added by Pub. L. 104-208 relating to Elkhorn Creek,
which was identical to par. added by Pub. L. 104-333, Sec. 1023(h).
Subsec. (a)(157) to (159). Pub. L. 106-20, Sec. 2(g)(2),
designated unnumbered pars. relating to Clarion River, Lamprey
River, and Elkhorn Creek as pars. (157) to (159), respectively.
Subsec. (a)(160). Pub. L. 106-20, Sec. 2(b), added par. (160).
1996 - Subsec. (a). Pub. L. 104-333, Secs. 405(a), 1023(h), added
unnumbered pars. relating to Lamprey River, New Hampshire and
Elkhorn Creek.
Pub. L. 104-314 added unnumbered par. relating to Clarion River,
Pennsylvania.
Pub. L. 104-208 added unnumbered par. relating to Elkhorn Creek.
Subsec. (a)(65). Pub. L. 104-333, Sec. 406(d), substituted "BLUE-
80,005, dated May 1996" for "WSR-BLU/20,000, and dated January
1987" and inserted at end "In order to provide reasonable public
access and vehicle parking for public use and enjoyment of the
river designated by this paragraph, consistent with the
preservation and enhancement of the natural and scenic values of
such river, the Secretary may, with the consent of the owner
thereof, negotiate a memorandum of understanding or cooperative
agreement, or acquire not more than 10 acres of lands or interests
in such lands, or both, as may be necessary to allow public access
to the Bluestone River and to provide, outside the boundary of the
scenic river, parking and related facilities in the vicinity of the
area known as Eads Mill."
Subsec. (a)(109) to (156). Pub. L. 104-333, Sec. 407(a),
redesignated unnumbered pars. relating to various rivers as pars.
(109) to (156).
1994 - Subsec. (a). Pub. L. 103-313 added unnumbered par.
relating to Farmington River, Connecticut.
Pub. L. 103-242 added unnumbered par. relating to Rio Grande, New
Mexico.
Subsec. (a)(19). Pub. L. 103-437 substituted "Natural Resources"
for "Interior and Insular Affairs" after "Committee on".
1993 - Subsec. (a). Pub. L. 103-170 added unnumbered par.
relating to Red River, Kentucky.
Pub. L. 103-162 added unnumbered pars. relating to the following
rivers in New Jersey: Maurice River, Menantico Creek, Manumuskin
River, and Muskee Creek.
1992 - Subsec. (a). Pub. L. 102-536 added unnumbered par.
relating to Great Egg Harbor, New Jersey.
Pub. L. 102-301 added unnumbered pars. relating to the following
rivers in California: Sespe Creek, Sisquoc River, and Big Sur
River.
Pub. L. 102-275 added unnumbered pars. relating to the following
rivers in Arkansas: Big Piney Creek, Buffalo River, Cossatot River,
Hurricane Creek, Little Missouri River, Mulberry River, North
Sylamore Creek, and Richland Creek.
Pub. L. 102-271 added unnumbered par. relating to Allegheny
River, Pennsylvania.
Pub. L. 102-249 added unnumbered pars. relating to the following
rivers in Michigan: Bear Creek, Black, Carp, Indian, Manistee,
Ontonagon, Paint, Pine, Presque Isle, Sturgeon (Hiawatha National
Forest), Sturgeon (Ottawa National Forest), East Branch of the
Tahquamenon, Whitefish, and Yellow Dog.
Subsec. (a)(62). Pub. L. 102-432 designated existing provisions
as subpar. (A), substituted "subparagraph" for "paragraph" in two
places, and added subpars. (B) and (C).
1991 - Subsec. (a). Pub. L. 102-50 added unnumbered pars.
relating to Niobrara River, Nebraska, and Missouri River, Nebraska
and South Dakota.
1990 - Subsec. (a). Pub. L. 101-628 added unnumbered par.
relating to Clarks Fork, Wyoming.
Pub. L. 101-612 added unnumbered pars. relating to the following
California rivers: Smith River, Middle Fork Smith River, North Fork
Smith River, Siskiyou Fork Smith River, and South Fork Smith River.
Pub. L. 101-306 added unnumbered pars. relating to East Fork of
Jemez, New Mexico, and Pecos River, New Mexico.
1989 - Subsec. (a)(62). Pub. L. 101-40, Sec. 2(a)(1), (2),
designated unnumbered par. relating to Merced River, California, as
(62) and redesignated former par. (62) as (63).
Subsec. (a)(63). Pub. L. 101-40, Sec. 2(a)(2), redesignated
former par. (62), relating to Kings River, California, as (63).
Subsec. (a)(64). Pub. L. 101-40, Sec. 2(a)(3), designated
unnumbered par. relating to Kern River, California, as (64).
Subsec. (a)(65). Pub. L. 101-40, Sec. 2(a)(4), (6), designated
unnumbered par. relating to Bluestone River, West Virginia, as (65)
and redesignated former par. (65) as (67).
Subsec. (a)(66). Pub. L. 101-40, Sec. 2(a)(5), designated
unnumbered par. relating to Sipsey Fork of the West Fork River,
Alabama, as (66).
Subsec. (a)(67). Pub. L. 101-40, Sec. 2(a)(6), redesignated
former par. (65), relating to Wildcat River, New Hampshire, as
(67).
Subsec. (a)(68) to (107). Pub. L. 101-40, Sec. 2(a)(7),
designated unnumbered pars. relating to rivers in Oregon as (68) to
(107).
Subsec. (a)(108). Pub. L. 101-40, Sec. 2(a)(8), designated
unnumbered par. relating to Rio Chama River, New Mexico, as (108).
1988 - Subsec. (a). Pub. L. 100-633 added unnumbered par.
relating to Rio Chama, New Mexico.
Pub. L. 100-557 added unnumbered pars. relating to the following
rivers in Oregon: Big Marsh Creek, Chetco, Clackamas, Crescent
Creek, Crooked, Deschutes, Donner und Blitzen, Eagle Creek, Elk,
Grande Ronde, Imnaha, John Day, Joseph Creek, Little Deschutes,
Lostine, Malheur, McKenzie, Metolius, Minam, North Fork Crooked,
North Fork John Day, North Fork Malheur, North Fork of the Middle
Fork of the Willamette, North Fork Owyhee, North Fork Smith, North
Fork Sprague, North Powder, North Umpqua, Powder, Quartzville
Creek, Roaring, Salmon, Sandy, South Fork John Day, Squaw Creek,
Sycan, Upper Rogue, Wenaha, West Little Owyhee, and White.
Pub. L. 100-547 added unnumbered par. relating to Sipsey Fork of
the West Fork, Alabama.
Pub. L. 100-534, Sec. 301, added unnumbered par. relating to
Bluestone, West Virginia.
Subsec. (a)(60). Pub. L. 100-668 inserted sentence describing
boundaries of Klickitat River.
Subsec. (a)(65). Pub. L. 100-554 added par. (65) relating to
Wildcat River, New Hampshire.
Subsec. (b). Pub. L. 100-534, Sec. 501, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "The
agency charged with the administration of each component of the
national wild and scenic rivers system designated by subsection (a)
of this section shall, within one year from the date of designation
of such component under subsection (a) of this section (except
where a different date is provided in subsection (a) of this
section), establish detailed boundaries therefor (which boundaries
shall include an average of not more than 320 acres of land per
mile measured from the ordinary high water mark on both sides of
the river); determine which of the classes outlined in section
1273(b) of this title best fit the river or its various segments.
Notice of the availability of the boundaries and classification,
and of subsequent boundary amendments shall be published in the
Federal Register and shall not become effective until ninety days
after they have been forwarded to the President of the Senate and
the Speaker of the House of Representatives."
1987 - Subsec. (a). Pub. L. 100-174 added unnumbered par.
relating to North and South Fork of the Kern River, California.
Pub. L. 100-149 added unnumbered par. relating to Merced,
California.
Subsec. (a)(56) to (61). Pub. L. 100-150, Sec. 1(b), redesignated
former par. (56), relating to Cache la Poudre, as (57), former par.
(57), relating to Saline Bayou, as (58), former par. (58), relating
to Black Creek, as (59), and designated pars. relating to Klickitat
and White Salmon as pars. (60) and (61), respectively.
Subsec. (a)(62). Pub. L. 100-150, Sec. 1(a), added par. (62).
1986 - Subsec. (a)(51) to (55). Pub. L. 99-530 and Pub. L. 99-
590, Sec. 501(a), amended subsec. (a) identically, redesignating
the pars. relating to the Au Sable River, the Tuolumne River, the
Illinois River, and the Owyhee River as pars. (52) through (55),
respectively.
Subsec. (a)(56). Pub. L. 99-590, Sec. 101, added par. (56)
appearing second relating to Cache la Poudre, Colorado.
Pub. L. 99-530 added par. (56) appearing first relating to
Horsepasture, North Carolina.
Subsec. (a)(57), (58). Pub. L. 99-590, Secs. 401, 601, added
pars. (57) and (58).
Subsec. (a)(59), (60). Pub. L. 99-663 added two unnumbered pars.,
relating to Klickitat, Washington, and White Salmon, Washington,
which were editorially designated as pars. (59) and (60),
respectively.
Subsec. (b). Pub. L. 99-590, Sec. 501(b)(1)(A), substituted "one
year from the date of designation of such component under
subsection (a) of this section" for "one year from October 2,
1968".
Pub. L. 99-590, Sec. 501(b)(1)(B), which directed the amendment
of subsec. (b) as follows: "Strike out the second parenthetical
statement, '(which boundaries shall include an average of not more
than 320 acres of land per mile measured from the ordinary high
water mark on both sides of the river)' ", could not be executed
because the quoted parenthetical statement did not appear in text.
Rather, the amendment was executed by substituting the quoted
parenthetical for "(which boundaries shall include an average of
not more than three hundred and twenty acres per mile on both sides
of the river)" as the probable intent of Congress in view of the
directory wording in H.R. 4350 as introduced, reported, and passed
by the House on Apr. 8, 1986, which read: "Strike out the second
parenthetical statement and substitute the parenthetical
statement".
Pub. L. 99-590, Sec. 501(b)(1)(C), struck out "; and prepare a
plan for necessary developments in connection with its
administration in accordance with such classification" after "its
various segments".
Pub. L. 99-590, Sec. 501(b)(2), substituted "Notice of the
availability of the boundaries and classification, and of
subsequent boundary amendments" for "Said boundaries,
classification, and development plans".
Subsecs. (c), (d). Pub. L. 99-590, Sec. 501(b)(3), added subsecs.
(c) and (d).
1984 - Subsec. (a)(16). Pub. L. 98-444, Sec. 1, inserted
"Notwithstanding any other provision of this chapter, the
installation and operation of facilities or other activities within
or outside the boundaries of the Pere Marquette Wild and Scenic
River for the control of the lamprey eel should be permitted
subject to such restrictions and conditions as the Secretary of
Agriculture may prescribe for the protection of water quality and
other values of the river, including the wild and scenic
characteristics of the river."
Subsec. (a)(51). Pub. L. 98-444, Sec. 2, added par. (51) set out
second relating to Au Sable, Michigan.
Pub. L. 98-406 added par. (51) appearing first relating to Verde,
Arizona.
Subsec. (a)(52). Pub. L. 98-494 added par. (52) appearing second
relating to Illinois, Oregon.
Pub. L. 98-425 added par. (52) appearing first relating to
Tuolumne, California.
Subsec. (a)(53). Pub. L. 98-494 added par. (53).
1980 - Subsec. (a)(6). Pub. L. 96-580 authorized acquisition of
part of Velie Estate acreage.
Subsec. (a)(22). Pub. L. 96-344 substituted in provision
following subpar. (B) "which shall be established" for "which may
be established".
Subsec. (a)(24). Pub. L. 96-312 added par. (24).
Subsec. (a)(25) to (37). Pub. L. 96-487, Sec. 601, added pars.
(25) to (37).
Subsec. (a)(38) to (43). Pub. L. 96-487, Sec. 602, added pars.
(38) to (43).
Subsec. (a)(44) to (50). Pub. L. 96-487, Sec. 603, added pars.
(44) to (50).
1979 - Subsec. (a)(19). Pub. L. 96-87 substituted "section 704(c)
of the National Parks and Recreation Act of 1978" for "section
705(c) of the National Parks and Recreation Act of 1978".
1978 - Subsec. (a)(10). Pub. L. 95-625, Sec. 755, increased
appropriations authorization for Chattooga River to $5,200,000 from
$2,000,000.
Subsec. (a)(16) to (23). Pub. L. 95-625, Secs. 701-703, 704(a),
705-708, added pars. (16) to (23).
Subsec. (b). Pub. L. 95-625, Sec. 763(a), inserted "(except where
a different date is provided in subsection (a) of this section)"
after "one year from October 2, 1968".
1976 - Subsec. (a)(3). Pub. L. 94-486, Sec. 601, inserted
"downstream from the confluence of its tributary streams one
kilometer south of Beckwourth, California;" after "entire Middle
Fork".
Subsec. (a)(13). Pub. L. 94-486, Sec. 101, added par. (13).
Subsec. (a)(14). Pub. L. 94-486, Sec. 201, added par. (14).
Subsec. (a)(15). Pub. L. 94-486, Sec. 301, added par. (15).
1975 - Subsec. (a)(11), (12). Pub. L. 94-199 added pars. (11) and
(12).
1974 - Subsec. (a)(10). Pub. L. 93-279 added par. (10).
1972 - Subsec. (a)(9). Pub. L. 92-560 added par. (9).
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
"Frank Church - River of No Return Wilderness" substituted in
subsec. (a)(24)(D) for "River of No Return Wilderness" pursuant to
Pub. L. 98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60, which
redesignated the River of No Return Wilderness as the Frank Church -
River of No Return Wilderness.
PUERTO RICO; RIVERS OF CARIBBEAN NATIONAL FOREST; SPECIAL
MANAGEMENT CONSIDERATIONS; PRESERVATION OF COMMONWEALTH AUTHORITY
Pub. L. 107-365, Sec. 2(c), (d), Dec. 19, 2002, 116 Stat. 3028,
provided that the amendment by section 2(b) of Pub. L. 107-365 to
this section and the applicability of this chapter to segments of
the Rivers of Caribbean National Forest were not to be construed to
prevent various scientific research activities within the
boundaries of these river segments, but that those activities were
subject to such conditions as the Secretary of Agriculture
considered desirable, and provided that section 2 of Pub. L. 107-
365, amending this section, did not limit the authority of the
Commonwealth of Puerto Rico over its waters and natural channels of
public domain.
NIOBRARA RIVER; DESIGNATION OF 6-MILE SEGMENT AS COMPONENT OF
NATIONAL WILD AND SCENIC RIVERS SYSTEM
Section 3(b) of Pub. L. 102-50 provided that: "If, within 5 years
after the date of enactment of this Act [May 24, 1991], funds are
not authorized and appropriated for the construction of a water
resources project on the 6-mile segment of the Niobrara River from
its confluence with Chimney Creek to its confluence with Rock
Creek, at the expiration of such 5-year period the 6-mile segment
shall be designated as a component of the National Wild and Scenic
Rivers System by operation of law, to be administered by the
Secretary of the Interior in accordance with sections 4 and 5 of
this Act [see below] and the applicable provisions of the Wild and
Scenic Rivers Act (16 U.S.C. 1271-1287). The Secretary of the
Interior shall publish notification to that effect in the Federal
Register."
ALASKA; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS
Section 605 of Pub. L. 96-487 provided for administration of Wild
and Scenic River segments of following Alaska rivers: Alagnak,
Beaver Creek, Delta, Fortymile, Alatna, Aniakchak, Charley,
Chilikadrotna, John, Kobuk, Mulchatna, Noatak, North Fork of the
Koyukuk, Salmon, Tinayguk, Tlikakila, Andreafsky, Ivishak, Nowitna,
Selawik, Sheenjek, Wind, Birch Creek, Gulkana, Unalakleet, Mosquito
Fork, Champion Creek, Middle Fork, O'Brien Creek, Napoleon Creek,
Franklin Creek, Uhler Creek, Walker Fork, West Fork, Dennison Fork,
Logging Cabin Creek, Hutchinson Creek.
ARKANSAS; STATE MANAGEMENT OF SEGMENTS OF COSSATOT RIVER AND BRUSHY
CREEK
Section 3 of Pub. L. 102-275 provided that 10.4-mile segment of
the Cossatot River and 0.3-mile segment of the Brushy Creek
tributary were to be managed by the State of Arkansas as parts of
the Wild and Scenic Rivers System.
COLORADO; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF CACHE
LA POUDRE RIVER; NONINTERFERENCE WITH EXISTING DECREED WATER RIGHTS
Section 102 of Pub. L. 99-590 provided that inclusion of
designated portions of Cache la Poudre River in Wild and Scenic
Rivers System did not interfere with exercise of existing decreed
water rights to water which had theretofore been stored or diverted
by means of present capacity of storage, conveyance, or diversion
structures that existed as of Oct. 30, 1986, or operation and
maintenance of such structures, nor could inclusion of designated
portions of Cache la Poudre River in Wild and Scenic Rivers System
be utilized in any Federal proceeding, whether concerning a
license, permit, right-of-way, or other Federal action, as a reason
or basis to prohibit development or operation of any water
impoundments, diversion facilities, and hydroelectric power and
transmission facilities below Poudre Park located entirely
downstream from and potentially affecting designated portions of
Cache la Poudre River, or relocation of highway 14 to any point
east of the north-south half section line of section 2, township 8
north, range 71 west of the sixth principal meridian, as necessary
to provide access to Poudre Park around such facilities.
CONNECTICUT; MANAGEMENT OF WILD AND SCENIC RIVER SEGMENT OF
FARMINGTON RIVER; DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS
Sections 4 to 6 of Pub. L. 103-313 provided that Director of the
National Park Service represent Secretary of the Interior on the
Farmington River Coordinating Committee; directed Secretary to
offer to enter into cooperative agreements with the State, its
relevant political subdivisions, and Farmington River Watershed
Association to facilitate the long-term protection, conservation,
and enhancement of designated river segment; distinguished
implementation of this Act from National Park Service
administration of river segment and excluded river segment from
National Park System; provided for evaluation of proposed water
resources project; accepted local zoning ordinances; defined
"Committee", "Plan", and "Secretary"; and authorized the
appropriation of funds necessary to carry out Pub. L. 103-313.
DELAWARE AND PENNSYLVANIA; ADMINISTRATION OF WILD AND SCENIC RIVER
SEGMENTS OF WHITE CLAY CREEK
Pub. L. 106-357, Secs. 4-8, Oct. 24, 2000, 114 Stat. 1395, 1396,
provided for administration of Wild and Scenic River segments of
White Clay Creek, establishment of detailed boundaries, cooperative
agreements with White Clay Creek Watershed Management Committee,
representation of Secretary of the Interior by Director of the
National Park Service in implementation of management plan, and
authorization of the Secretary to provide assistance and funding
for implementation of management plan; required that existing State
and local zoning laws and ordinances be considered satisfactory
under section 1277(c) of this title with respect to White Clay
Creek river segments; and prohibited Federal acquisition of lands
or interests in lands along White Clay Creek river segments and
inclusion in National Park System.
FLORIDA; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF WEKIVA
RIVER
Pub. L. 106-299, Secs. 4-6, Oct. 13, 2000, 114 Stat. 1052-1054,
provided for administration of Wild and Scenic River segments of
Wekiva River, use of cooperative agreements, biennial review of
compliance with comprehensive management plan, reports to Congress
on deviations from such plans which could diminish value of river
segments, planning assistance to local political jurisdictions, and
establishment of the Wekiva River System Advisory Management
Committee; and authorized appropriations.
IDAHO; SALMON AND SNAKE RIVERS; CONSTRUCTION PROHIBITED ON RIVER
SEGMENTS
Pub. L. 100-677, Sec. 1, Nov. 17, 1988, 102 Stat. 4407,
prohibited Federal Energy Regulatory Commission from issuing any
preliminary permit, license, or exemption from licensing for
construction of any dam, diversion or bypass under Federal Power
Act (41 Stat. 1063), as amended [see section 791a of this title],
on: (1) the Salmon River, Idaho, from Long Tom Bar to the
confluence of the Snake River, or (2) the Snake River, Idaho, from
the eastward extension of the north boundary of section 1, township
5 north, range 47 east, Willamette Meridian to the pool formed
behind Lower Granite Dam, and provided that no dam may be
constructed on those segments of the Salmon or Snake Rivers.
IDAHO AND OREGON; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS
OF SNAKE RIVER AND RAPID RIVER
Section 3(b) of Pub. L. 94-199 provided for administration of
Wild and Scenic River segments of Snake River, Idaho and Oregon,
and Rapid River, Idaho.
MASSACHUSETTS; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF
SUDBURY, ASSABET, AND CONCORD RIVERS; AUTHORIZATION OF
APPROPRIATIONS
Pub. L. 106-20, Sec. 2(c)-(f), Apr. 9, 1999, 113 Stat. 31, 32,
provided for Federal role in management of Wild and Scenic River
segments of Sudbury, Assabet, and Concord Rivers, directed
Secretary of the Interior to consider extent to which proposed
water resources projects were consistent with management of river
segments, limited rights of United States Government to acquire
interests in land along river segments, and authorized $100,000 to
be appropriated for each fiscal year to carry out management plan.
MICHIGAN; ADMINISTRATION OF WILD, SCENIC, AND RECREATIONAL RIVER
SEGMENTS DESIGNATED UNDER MICHIGAN SCENIC RIVERS ACT OF 1991
Section 6 of Pub. L. 102-249 provided that Pub. L. 102-249, the
Michigan Scenic Rivers Act of 1991, did not enlarge, diminish, or
modify responsibilities of the State of Michigan regarding hunting,
fishing, and trapping with reference to designated river segments,
that facilities and activities for control of sea lamprey were
allowed, that traditional public access routes to designated river
segments were to be maintained with conditions, and that the Act
did not enlarge, diminish, or modify the limitation on land
acquisition contained in section 1277(b) of this title.
MINNESOTA AND WISCONSIN; ADMINISTRATION OF WILD AND SCENIC RIVER OF
LOWER SAINT CROIX RIVER
Sections 3-6 of Pub. L. 92-560 provided for administration of
Wild and Scenic River segments of Lower Saint Croix River along
Minnesota-Wisconsin border, acquisition of property, maintenance of
navigation rights, and authorization of appropriations.
MISSOURI; ADMINISTRATION OF ELEVEN POINT WILD AND SCENIC CORRIDOR
Pub. L. 102-220, Sec. 3, Dec. 11, 1991, 105 Stat. 1674,
authorized Secretary to manage lands, waters, and interests within
The Eleven Point Wild and Scenic Corridor pursuant to the
provisions of this chapter. See section 3 of Pub. L. 102-220 set
out as a note under section 539h of this title.
MONTANA; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENT OF
MISSOURI RIVER
Section 202 and 203 of Pub. L. 94-486, as amended Pub. L. 100-
552, Sec. 5, Oct. 28, 1988, 102 Stat. 2768, provided for
administration of wild and scenic river segment of the Missouri
River known as Missouri Breaks Freeflowing River segment,
establishment of detailed boundaries, acquisition of lands and
interests in lands, and construction of visitor facilities in or
near Fort Benton.
NEW HAMPSHIRE; LAMPREY RIVER ADVISORY COMMITTEE
Section 405(b) of title IV of div. I of Pub. L. 104-333, as
amended by Pub. L. 106-176, title I, Sec. 106(b), Mar. 10, 2000,
114 Stat. 26; Pub. L. 106-192, Sec. 2(b)(1), May 2, 2000, 114 Stat.
233, provided that Secretary of the Interior coordinate his
management responsibilities with respect to Lamprey River, New
Hampshire, with Lamprey River Advisory Committee, that zoning
ordinances adopted by towns of Epping, Durham, Lee, and Newmarket,
New Hampshire, be deemed to satisfy section 1277(c) of this title,
and that Secretary's land acquisition be limited to acquisition by
donation or acquisition with consent of donor and be subject to
additional criteria of Lamprey River Management Plan.
NEW JERSEY; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF
MAURICE AND MANUMUSKIN RIVERS AND MENANTICO AND MUSKEE CREEKS
Section 3 of Pub. L. 103-162 provided for administration of Wild
and Scenic River segments of Maurice and Manumuskin Rivers and
Menantico and Muskee Creeks, New Jersey, planning assistance to
local political subdivisions, segment additions, and appropriations
to carry out administrative functions.
NEW JERSEY; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF
GREAT EGG HARBOR RIVER
Section 2 of Pub. L. 102-536 provided for administration of Wild
and Scenic River segments of Great Egg Harbor River, New Jersey,
review of local river management plans, biennial review of
compliance with local river management plans, reports to Congress
on deviations from such plans which could diminish value of river
segments, and authorization of appropriations.
NEW JERSEY AND PENNSYLVANIA; ADMINISTRATION OF WILD AND SCENIC
RIVER SEGMENTS OF LOWER DELAWARE RIVER AND ASSOCIATED TRIBUTARIES
Pub. L. 106-418, Secs. 4, 5, Nov. 1, 2000, 114 Stat. 1818, 1821,
provided for administration of Wild and Scenic River segments of
Lower Delaware River in accordance with the Lower Delaware River
Management Plan and in cooperation with Federal, State, regional,
and local agencies, provided that the Plan be considered to satisfy
subsec. (d) of this section, provided that zoning ordinances of
municipalities bordering the segments be considered to satisfy
section 1277(c) of this title, and contained provisions relating to
consideration of the effect of proposed water resources projects on
the segments, requirements for cooperative agreements, provision by
the Secretary of the Interior of planning, financial, and technical
assistance, designation of certain additional segments as a
recreational river or scenic river, and authorization of
appropriations.
NEW MEXICO; RIO GRANDE CITIZENS ADVISORY BOARD
Section 4 of Pub. L. 103-242 directed Secretary of the Interior,
acting through Director of the Bureau of Land Management, to obtain
and consider views of residents of village of Pilar and of owners
of property adjoining Rio Grande River segments concerning
implementation of Pub. L. 103-242.
NEW YORK AND PENNSYLVANIA; ADMINISTRATION OF WILD AND SCENIC RIVER
SEGMENT OF UPPER DELAWARE RIVER
Section 704(b)-(j) of Pub. L. 95-625, as amended Pub. L. 96-87,
title IV, Sec. 401(p)(2), Oct. 12, 1979, 93 Stat. 666; Pub. L. 100-
412, Sec. 1, Aug. 22, 1988, 102 Stat. 1100, provided for
administration of Upper Delaware River along New York-Pennsylvania
border between Hancock, New York, and Sparrow Bush, New York,
including creation of Upper Delaware Citizens Advisory Council. See
also Pub. L. 106-119, Dec. 3, 1999, 113 Stat. 1604.
PENNSYLVANIA; ALLEGHENY RIVER; DESIGNATION OF SEGMENTS AS WILD AND
SCENIC RIVER; ADVISORY COUNCILS; ADMINISTRATION; AUTHORIZATION OF
APPROPRIATIONS
Sections 1, 2, 3, and 6 of Pub. L. 102-271 provided that the
designated portions of the Allegheny River were so designated in
order to preserve and protect for present and future generations
outstanding scenic, natural, recreational, scientific, historic,
and ecological values and to protect, preserve, and enhance the
fisheries resources associated with the designated segments,
directed the Secretary of Agriculture to establish advisory
councils to advise the Secretary on the establishment of final
boundaries and management of river segments, directed the Secretary
of Agriculture to take the necessary steps for the administration
of the designated river segments, and authorized the appropriation
of the funds necessary to carry out Pub. L. 102-271, which amended
sections 1274 and 1276 of this title.
OREGON; ADMINISTRATION OF INDIAN TREATY LANDS AND AUTHORIZATION OF
APPROPRIATIONS FOR WILD AND SCENIC RIVER SEGMENTS
Sections 105 and 106 of Pub. L. 100-557 provided for
administration of, and authorization of appropriations for,
segments of the following Oregon rivers: Big Marsh Creek, Chetco,
Clackamas, Crescent Creek, Crooked, Deschutes, Donner and Blitzen,
Eagle Creek, Elk, Grant Ronde, Imnaha, John Day, Joseph Creek,
Little Deschutes, Lostine, Malheur, McKenzie, Metolius, Minam,
North Fork Crooked, North Fork John Day, North Fork Malheur, North
Fork of the Middle Fork of the Millamette, North Fork Owyhee, North
Fork Smith, North Fork Sprague, North Powder, North Umpqua, Powder,
Quartzville Creek, Roaring, Salmon, Sandy, South Fork John Day,
Squaw Creek, Sycan, Upper Rogue, Wenaha, West Little Owyhee, and
White.
SOUTH DAKOTA AND NEBRASKA; ADMINISTRATION OF WILD AND SCENIC RIVER
SEGMENTS OF NIOBRARA AND MISSOURI RIVERS
Pub. L. 102-50, Secs. 4-7, 8, formerly Sec. 9, May 24, 1991, 105
Stat. 255-258; Sec. 9 renumbered Sec. 8, Pub. L. 105-362, title IX,
Sec. 901(g)(2), Nov. 10, 1998, 112 Stat. 3290, set acreage limits
on lands acquired by Secretary of the Interior along the segments
of the Niobrara River designated under section 2 of Pub. L. 102-50,
provided for establishment of the Niobrara Scenic River Advisory
Commission, required establishment of a recreational river advisory
group by Secretary to be consulted in the administration of the
segment of the Missouri River designated under section 2 of Pub. L.
102-50, directed that the designation of the river segment not
place any additional requirements on placement of bridges,
authorized use of erosion control techniques to protect water
resource values along designated river segment, called for study of
feasibility and suitability of possible designation of lands in
Knox and Boyd Counties, Nebraska, as a national recreation area,
and authorized appropriation of sums necessary to carry out
provisions of Pub. L. 102-50.
WEST VIRGINIA; WILD AND SCENIC RIVER SEGMENTS OF BLUESTONE AND
MEADOW RIVERS; PUBLIC AWARENESS PROGRAM
Section 403 of Pub. L. 100-534 directed Secretary of the Interior
to establish a public awareness program to be carried out in
Mercer, Nicholas, and Greenbrier Counties, West Virginia, in
cooperation with State and local agencies, landowners, and other
concerned organizations, to further public understanding of the
effects of designation as components of National Wild and Scenic
Rivers System of segments of Bluestone and Meadow Rivers which were
found eligible in studies completed by National Park Service in
August 1983 but which were not designated as units of such system,
with Secretary to submit a report to Committee on Interior and
Insular Affairs of United States House of Representatives and to
Committee on Energy and Natural Resources of United States Senate
by Dec. 31, 1992, describing the program.
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(!5) So in original. Probably should not be capitalized.
(!6) So in original. Probably should be "on the".
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(!8) So in original. Probably should be "Notwithstanding".
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(!13) So in original. This paragraph added without identifying
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