Title 16ConservationRelease 119-73

§544k Tributary rivers and streams

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER II— - SCENIC AREAS › § 544k

Last updated Apr 6, 2026|Official source

Summary

Makes several Columbia River tributaries and nearby streams follow the same rules as rivers in the National Wild and Scenic Rivers System when it comes to licenses, permits, and building water projects. It covers five situations: tributaries that flow in whole or part through a special management area unless a project would have a direct and harmful effect on the area’s scenic, cultural, recreation, or natural resources; rivers in the scenic area that a State has protected or is studying for protection unless State agencies set other conditions; the Wind River in Washington for at least three years after either final approval of the Gifford Pinchot National Forest Plan or completion of certain federal reports and presidential recommendations; the Hood River, Oregon; and the Little White Salmon segment from the Willard National Fish Hatchery to the Columbia—those last two only if a new facility would impound or divert water by means other than a dam or diversion that existed on November 17, 1986. These rules do not apply to parts of tributaries that flow through or border Indian reservations. They also do not affect rivers already designated as wild and scenic or rivers already being studied for that designation.

Full Legal Text

Title 16, §544k

Conservation — Source: USLM XML via OLRC

(a)The following rivers and streams shall be subject to the same restrictions on the licensing, permitting, and exempting from licensing and the construction of water resource projects as provided for components of the National Wild and Scenic Rivers System pursuant to section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)):
(1)any tributary river or stream to the Columbia River not designated in subsection 11 So in original. Probably should be “subsection”. (c) or (d) of this section or otherwise specified in this subsection which flows in whole or in part through a special management area, unless the construction of a water resources project would not have a direct and adverse effect on the scenic, cultural, recreation, and natural resources of the scenic area;
(2)any river or river segment which flows in whole or in part through the scenic area and which is established pursuant to State law as a wild, scenic, or recreation river or which is under study pursuant to State law for the potential inclusion in any such State protected river system, unless such project or projects meet terms and conditions set by State agencies exercising administration over such river or river segment;
(3)the Wind River, Washington, for a period not less than three years following the later of—
(A)final approval of the Gifford Pinchot National Forest Plan, adopted pursuant to the National Forest Management Act of 1976 (Act of October 22, 1976, Public Law 94–588, as amended) (16 U.S.C. 1600 et seq.); or
(B)submittal by the Secretary of a report to the President on the suitability or nonsuitability for addition to the national wild and scenic rivers system and a report by the President to the Congress of recommendations and proposals with respect to the designation of such river under the Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.];
(4)the Hood River, Oregon, if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986; and
(5)the segment of the Little White Salmon, Washington, from the Willard National Fish Hatchery to its confluence with the Columbia River if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986.
(b)The provisions of subsection (a) shall not apply to those portions of tributary rivers or streams to the Columbia River which flow through or border on Indian reservations. Nothing in this section shall apply to or affect any segment of any river designated as a wild and scenic river under section 3 of the Wild and Scenic Rivers Act (16 U.S.C. 1274) or any river designated for study under section 5 of such Act (16 U.S.C. 1276).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (c) or (d) of this section, referred to in subsec. (a)(1), is subsec. (c) or (d) of section 13 of Pub. L. 99–663, Nov. 17, 1986, 100 Stat. 4294, which amended section 1274(a) and 1276(a), respectively, of this title. The National Forest Management Act of 1976, referred to in subsec. (a)(3)(A), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted section 472a, 521b, 1600, and 1611 to 1614 of this title, amended section 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed section 476, 513, and 514 of this title, and enacted provisions set out as notes under section 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see

Short Title

of 1976 Amendment note set out under section 1600 of this title and Tables. The Wild and Scenic Rivers Act, referred to in subsec. (a)(3)(B), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§ 1271 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1271 of this title and Tables. Codification section 13 of Pub. L. 99–663, which enacted this section, consisted of subsecs. (a) to (d). Subsecs. (a) and (b) of section 13 were classified to this section, and subsecs. (c) and (d) of section 13 amended section 1274 and 1276 of this title, respectively.

Amendments

2009—Subsec. (a)(4). Pub. L. 111–11 struck out “for a period not to exceed twenty years from November 17, 1986,” before “if such facility”.

Reference

Citations & Metadata

Citation

16 U.S.C. § 544k

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73