§1275 — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior, or the Secretary of Agriculture when national forest land is involved (or both together), must study rivers that Congress has named as possible additions to the national wild and scenic rivers system and send reports to the President. The President then tells Congress his recommendations. Reports for the rivers listed in section 1276(a)(1) through (27) had to be finished and sent by October 2, 1978. The studies must first look at rivers most likely to be developed so they would become unsuitable, and rivers that have the most private land. These studies must be coordinated with any related water resources planning. Each report must show the area studied; why the river is or is not a good addition; who owns and uses the land now; what uses would be helped or lost if the river were added; which federal agency would manage it (use Agriculture for rivers mostly in national forests); any plan for state or local cost-sharing; and the estimated cost to buy land and run the area. Each report must be printed as a Senate or House document. Before sending a report to the President and Congress, the preparing Secretary must give copies to the other Secretary (if not joint), the Secretary of the Army, the Secretary of Energy, other affected federal officials, and the state governor(s) unless the land is already federal or already authorized for federal purchase. Those officials have 90 days to comment, and their comments plus the preparing Secretary’s replies must go with the report. For rivers designated by a State law, the Interior Secretary must get the same federal reviews and consider comments within 90 days; if approved, notice must be published in the Federal Register. Study boundaries normally mean the land within one-quarter mile of the river’s ordinary high water mark on each side, though studies may address areas farther away.

Title 16, §1275

Conservation — Source: USLM XML via OLRC

(a)The Secretary of the Interior or, where national forest lands are involved, the Secretary of Agriculture or, in appropriate cases, the two Secretaries jointly shall study and submit to the President reports on the suitability or nonsuitability for addition to the national wild and scenic rivers system of rivers which are designated herein or hereafter by the Congress as potential additions to such system. The President shall report to the Congress his recommendations and proposals with respect to the designation of each such river or section thereof under this chapter. Such studies shall be completed and such reports shall be made to the Congress with respect to all rivers named in section 1276(a) (1) through (27) of this title no later than October 2, 1978. In conducting these studies the Secretary of the Interior and the Secretary of Agriculture shall give priority to those rivers (i) with respect to which there is the greatest likelihood of developments which, if undertaken, would render the rivers unsuitable for inclusion in the national wild and scenic rivers system, and (ii) which possess the greatest proportion of private lands within their areas. Every such study and plan shall be coordinated with any water resources planning involving the same river which is being conducted pursuant to the Water Resources Planning Act [42 U.S.C. 1962 et seq.]. Each report, including maps and illustrations, shall show among other things the area included within the report; the characteristics which do or do not make the area a worthy addition to the system; the current status of land ownership and use in the area; the reasonably foreseeable potential uses of the land and water which would be enhanced, foreclosed, or curtailed if the area were included in the national wild and scenic rivers system; the Federal agency (which in the case of a river which is wholly or substantially within a national forest, shall be the Department of Agriculture) by which it is proposed the area, should it be added to the system, be administered; the extent to which it is proposed that such administration, including the costs thereof, be shared by State and local agencies; and the estimated cost to the United States of acquiring necessary lands and interests in land and of administering the area, should it be added to the system. Each such report shall be printed as a Senate or House document.

(b)Before submitting any such report to the President and the Congress, copies of the proposed report shall, unless it was prepared jointly by the Secretary of the Interior and the Secretary of Agriculture, be submitted by the Secretary of the Interior to the Secretary of Agriculture or by the Secretary of Agriculture to the Secretary of the Interior, as the case may be, and to the Secretary of the Army, the Secretary of Energy, the head of any other affected Federal department or agency and, unless the lands proposed to be included in the area are already owned by the United States or have already been authorized for acquisition by Act of Congress, the Governor of the State or States in which they are located or an officer designated by the Governor to receive the same. Any recommendations or comments on the proposal which the said officials furnish the Secretary or Secretaries who prepared the report within ninety days of the date on which the report is submitted to them, together with the Secretary’s or Secretaries’ comments thereon, shall be included with the transmittal to the President and the Congress.

(c)Before approving or disapproving for inclusion in the national wild and scenic rivers system any river designated as a wild, scenic or recreational river by or pursuant to an act of a State legislature, the Secretary of the Interior shall submit the proposal to the Secretary of Agriculture, the Secretary of the Army, the Secretary of Energy, and the head of any other affected Federal department or agency and shall evaluate and give due weight to any recommendations or comments which the said officials furnish him within ninety days of the date on which it is submitted to them. If he approves the proposed inclusion, he shall publish notice thereof in the Federal Register.

(d)The boundaries of any river proposed in section 1276(a) of this title for potential addition to the National Wild and Scenic Rivers System shall generally comprise that area measured within one-quarter mile from the ordinary high water mark on each side of the river. In the case of any designated river, prior to publication of boundaries pursuant to section 1274(b) of this title, the boundaries also shall comprise the same area. This subsection shall not be construed to limit the possible scope of the study report to address areas which may lie more than one-quarter mile from the ordinary high water mark on each side of the river.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, which is classified generally to chapter 19B (§ 1962 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 1962 of Title 42 and Tables.

Amendments

1986—Subsec. (d). Pub. L. 99–590 added subsec. (d). 1976—Subsec. (b). Pub. L. 94–486 struck out provision which directed that no river be added to the national wild and scenic river system after October 2, 1968, until the close of the next full session of the State legislature or legislatures, if more than one State was involved, which began following submission of the proposed addition to the President. 1975—Subsec. (a). Pub. L. 93–621, in first paragraph, designated provision relating to the developments, which, if undertaken, would render the rivers unsuitable for inclusion in the system as cl. (i), and added cl. (ii). 1974—Subsec. (a). Pub. L. 93–279, in first paragraph, substituted provisions requiring submission of reports to the President on the suitability or nonsuitability for addition to the national wild and scenic river system of rivers designated by Congress as potential additions to such system, and submission by President of recommendations and proposals to the Congress, for provisions for submission of proposals to the President and the Congress, struck out reference to section 1273(b) of this title and administration by an agency of the United States, inserted provisions that the studies relating to rivers named in section 1276(a) of this title be completed by Oct. 2, 1978, and that the Secretary of the Interior and the Secretary of Agriculture give priority to rivers which may be unsuitable for inclusion in the national wild and scenic river system if developments were undertaken, and in second paragraph, substantially incorporated the existing provisions with minor changes.

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Secretary of Energy” substituted for “Chairman of the Federal Power Commission” in subsecs. (b) and (c) pursuant to Pub. L. 95–91, § 301(b), which is classified to section 7151(b) of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by section 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.

§1275 Additions to national wild and scenic rivers system