Title 16, ConservationRelease 119-110

§1284 Existing State Jurisdiction and Responsibilities

Title 16 › CHAPTER 28 — WILD AND SCENIC RIVERS › § 1284

Last updated Sep 22, 2026|Official source

Summary

States keep control and responsibility for fish and wildlife. Hunting and fishing are allowed on lands and waters in the system under state and federal rules, except that hunting is not allowed inside national parks or monuments. The federal official in charge can set places and times where hunting is banned for safety, management, or public use. They must make those rules after talking with the state wildlife agency. State and federal control over stream water follows normal law. If the United States takes a water right when a river is added to the national wild and scenic rivers system, the owner must be paid compensation. Adding a river does not reserve water for other uses or more water than needed. States keep their water powers so long as those powers do not harm the system’s purposes. Existing interstate compacts and state access to stream beds are unchanged. The Interior or Agriculture Secretary may grant easements and rights-of-way on system lands under park or forest rules, and any conditions must match the system’s purpose.

Full Legal Text

Title 16, §1284

Conservation, Source: USLM XML via OLRC

(a)Fish and wildlife
Nothing in this chapter 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 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)Compensation for water rights
The jurisdiction of the States and the United States over waters of any stream included in a national wild, scenic or recreational river area shall be determined by established principles of law. Under the provisions of this chapter, 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 chapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.
(c)Reservation of waters for other purposes or in unnecessary quantities prohibited
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 chapter, or in quantities greater than necessary to accomplish these purposes.
(d)State jurisdiction over included streams
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 chapter to the extent that such jurisdiction may be exercised without impairing the purposes of this chapter or its administration.
(e)Interstate compacts
Nothing contained in this chapter 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)Rights of access to streams
Nothing in this chapter 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)Easements and rights-of-way
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 chapter.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1284

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110