Title 16ConservationRelease 119-73

§1273 National wild and scenic rivers system

Title 16 › Chapter CHAPTER 28— - WILD AND SCENIC RIVERS › § 1273

Last updated Apr 6, 2026|Official source

Summary

Creates a national list of rivers that are protected as wild, scenic, or recreational. Rivers can join this system if Congress approves them, or if a State’s legislature names them and the State asks the Secretary of the Interior to add them. The Secretary must find they meet the chapter’s standards (and any extra rules the Secretary sets) and then approve them. The law specifically allows the Allagash Wilderness Waterway in Maine, a segment of the Wolf River in Langlade County, Wisconsin, and the New River segment in North Carolina from Dog Creek downstream about 26.5 miles to the Virginia line to be included when the Governor applies. When a State applies, the Secretary must tell the Federal Energy Regulatory Commission and announce the request in the Federal Register. If a State runs a designated river, the State must pay the costs except the United States still pays to manage any federal land there; amounts given under chapter 2003 of title 54 or other laws are not counted as a U.S. expense. Federal lands inside a river’s boundaries do not transfer to the State. A river area eligible for the system is a naturally flowing stream plus nearby land that has one or more values listed in section 1271. Any river that flows naturally now, or could be restored to natural flow, may qualify. There are three types: Wild — flowing with no dams, mostly unreachable except by trail, and with primitive shorelines and clean water; Scenic — flowing with no dams, shorelines mostly natural but reachable in places by road; Recreational — easy to reach by road or rail, may have shoreline development, and may have had dams or diversions in the past.

Full Legal Text

Title 16, §1273

Conservation — Source: USLM XML via OLRC

(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 chapter and such criteria supplementary thereto as he may prescribe, and that are approved by him for inclusion in the system, including, upon application of the Governor of the State concerned, the Allagash Wilderness Waterway, Maine; that segment of the Wolf River, Wisconsin, which flows through Langlade County; and that segment of the New River in North Carolina extending from its confluence with Dog Creek downstream approximately 26.5 miles to the Virginia State line. Upon receipt of an application under clause (ii) of this subsection, the Secretary shall notify the Federal Energy Regulatory Commission and publish such application in the Federal Register. Each river designated under clause (ii) shall be administered by the State or political subdivision thereof without expense to the United States other than for administration and management of federally owned lands. For purposes of the preceding sentence, amounts made available to any State or political subdivision under chapter 2003 of title 54 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 1271 of this title. Every wild, scenic or recreational river in its free-flowing condition, or upon restoration to this condition, shall be considered eligible for inclusion in the national wild and scenic rivers system and, if included, shall be classified, designated, and administered as one of the following:
(1)Wild river areas—Those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America.
(2)Scenic river areas—Those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads.
(3)Recreational river areas—Those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (a). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Act of 1965”. 1978—Subsec. (a). Pub. L. 95–625 provided for notification of the Federal Energy Regulatory Commission and publication of any application in the Federal Register; made it an expense of the United States for administration and management of federally owned lands; treated amounts available to the States under provisions of law not as an expense of the United States; and made federally owned lands within boundaries of State rivers free of ownership or administration of State or local authority. 1976—Subsec. (a). Pub. L. 94–407 inserted provision for inclusion of specified segment of New River in North Carolina.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1273

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73