§1286 — Title 16 Conservation | U.S. Code

Summary

Defines three words used in this chapter. "River" means a flowing body of water or estuary, or parts of one, including rivers, streams, creeks, tributaries, and small lakes. "Free-flowing" means a river or part of a river that moves in its natural state without dams, diversions, straightening, rock-armoring, or other changes; the presence of small dams or diversion works already there does not automatically stop a river from being considered, but it does not allow building such structures inside designated rivers in the future. "Scenic easement" means the right to control use of land (and the air above it) inside a river area to protect its natural character, but it cannot stop an owner’s regular uses that existed before the easement without the owner’s consent; if fee title is bought while reserving those regular uses to the owner, it is treated as a scenic easement for this chapter and does not count as fee title ownership under section 1277(b).

Title 16, §1286

Conservation — Source: USLM XML via OLRC

As used in this chapter, the term—

(a)“River” means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.

(b)“Free-flowing”, as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the national wild and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, That this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the national wild and scenic rivers system.

(c)“Scenic easement” means the right to control the use of land (including the air space above such land) within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area, but such control shall not affect, without the owner’s consent, any regular use exercised prior to the acquisition of the easement. For any designated wild and scenic river, the appropriate Secretary shall treat the acquisition of fee title with the reservation of regular existing uses to the owner as a scenic easement for purposes of this chapter. Such an acquisition shall not constitute fee title ownership for purposes of section 1277(b) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (c). Pub. L. 99–590 inserted provisions relating to function of appropriate Secretary with respect to acquisition of fee title. 1974—Subsec. (c). Pub. L. 93–279 substituted “within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area” for “for the purposes of protecting the scenic view from the river”.

§1286 Definitions

Summary

Title 16, §1286

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata