§ 1274. — Component rivers and adjacent lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1274]
TITLE 16--CONSERVATION
CHAPTER 28--WILD AND SCENIC RIVERS
Sec. 1274. Component rivers and adjacent lands
(a) Designation
The following rivers and the land adjacent thereto are hereby
designated as components of the national wild and scenic rivers system:
(1) Clearwater, Middle Fork, Idaho--The Middle Fork from the town of
Kooskia upstream to the town of Lowell; the Lochsa River from its
junction with the Selway at Lowell forming the Middle Fork, upstream to
the Powell Ranger Station; and the Selway River from Lowell upstream to
its origin; to be administered by the Secretary of Agriculture.
(2) Eleventh Point, Missouri--The segment of the river extending
downstream from Thomasville to State Highway 142; to be administered by
the Secretary of Agriculture.
(3) Feather, California--The entire Middle Fork downstream from the
confluence of its tributary streams one kilometer south of Beckwourth,
California; to be administered by the Secretary of Agriculture.
(4) Rio Grande, New Mexico--The segment extending from the Colorado
State line downstream to the State Highway 96 crossing, and the lower
four miles of the Red River; to be administered by the Secretary of the
Interior.
(5) Rogue, Oregon--The segment of the river extending from the mouth
of the Applegate River downstream to the Lobster Creek Bridge; to be
administered by agencies of the Departments of the Interior or
Agriculture as agreed upon by the Secretaries of said Departments or as
directed by the President.
(6) Saint Croix, Minnesota and Wisconsin--The segment between the
the dam near Taylors Falls, Minnesota, and the dam near Gordon,
Wisconsin, and its tributary, the Namekago, from Lake Namekago
downstream to its confluence with the Saint Croix; to be administered by
the Secretary of the Interior: Provided, That except as may be required
in connection with items (a) and (b) of this paragraph, no funds
available to carry out the provisions of this chapter may be expended
for the acquisition or development of lands in connection with, or for
administration under this chapter of, that portion of the Saint Croix
River between the dam near Taylors Falls, Minnesota, and the upstream
end of Big Island in Wisconsin, until sixty days after the date on which
the Secretary has transmitted to the President of the Senate and Speaker
of the House of Representatives a proposed cooperative agreement between
the Northern States Power Company and the United States (a) whereby the
company agrees to convey to the United States, without charge,
appropriate interests in certain of its lands between the dam near
Taylors Falls, Minnesota, and the upstream end of Big Island in
Wisconsin, including the company's right, title, and interest to
approximately one hundred acres per mile, and (b) providing for the use
and development of other lands and interests in land retained by the
company between said points adjacent to the river in a manner which
shall complement and not be inconsistent with the purposes for which the
lands and interests in land donated by the company are administered
under this chapter. Said agreement may also include provision for State
or local governmental participation as authorized under subsection (e)
of section 1281 of this title. A one-thousand-three-hundred-and-eighty-
acre portion of the area commonly known as the Velie Estate, located
adjacent to the Saint Croix River in Douglas County, Wisconsin, as
depicted on the map entitled ``Boundary Map/Velie Estate--Saint Croix
National Scenic Riverway'', dated September 1980, and numbered 630-
90,001, may be acquired by the Secretary without regard to any acreage
limitation set forth in subsection (b) of this section or subsection (a)
or (b) of section 1277 of this title.
(7) Salmon, Middle Fork, Idaho--From its origin to its confluence
with the main Salmon River; to be administered by the Secretary of
Agriculture.
(8) Wolf, Wisconsin--From the Langlade-Menominee County line
downstream to Keshena Falls; to be administered by the Secretary of the
Interior.
(9) Lower Saint Croix, Minnesota and Wisconsin--The segment between
the dam near Taylors Falls and its confluence with the Mississippi
River: Provided, (i) That the upper twenty-seven miles of this river
segment shall be administered by the Secretary of the Interior; and (ii)
That the lower twenty-five miles shall be designated by the Secretary
upon his approval of an application for such designation made by the
Governors of the State of Minnesota and Wisconsin.
(10) Chattooga, North Carolina, South Carolina, Georgia--The Segment
from 0.8 mile below Cashiers Lake in North Carolina to Tugaloo
Reservoir, and the West Fork Chattooga River from its junction with
Chattooga upstream 7.3 miles, as generally depicted on the boundary map
entitled ``Proposed Wild and Scenic Chattooga River and Corridor
Boundary'', dated August 1973; to be administered by the Secretary of
Agriculture: Provided, That the Secretary of Agriculture shall take such
action as is provided for under subsection (b) of this section within
one year from May 10, 1974: Provided further, That for the purposes of
this river, there are authorized to be appropriated not more than
$5,200,000 for the acquisition of lands and interests in lands and not
more than $809,000 for development.
(11) Rapid River, Idaho--The segment from the headwaters of the main
stem to the national forest boundary and the segment of the West Fork
from the wilderness boundary downstream to the confluence with the main
stem, as a wild river.
(12) Snake, Idaho and Oregon--The segment from Hells Canyon Dam
downstream to Pittsburgh Landing, as a wild river; and the segment from
Pittsburgh Landing downstream to an eastward extension of the north
boundary of section 1, township 5 north, range 47 east, Willamette
meridian, as a scenic river.
(13) Flathead, Montana--The North Fork from the Canadian border
downstream to its confluence with the Middle Fork; the Middle Fork from
its headwaters to its confluence to the South Fork; and the South Fork
from its origin to the Hungry Horse Reservoir, as generally depicted on
the map entitled ``Proposed Flathead Wild and Scenic River Boundary
Location'' dated February 1976; to be administered by agencies of the
Departments of the Interior and Agriculture as agreed upon by the
Secretaries of such Departments or as directed by the President. Action
required to be taken under subsection (b) of this section shall be taken
within one year from October 12, 1976. For the purposes of this river,
there are authorized to be appropriated not more than $6,719,000 for the
acquisition of lands and interests in lands. No funds authorized to be
appropriated pursuant to this paragraph shall be available prior to
October 1, 1977.
(14) Missouri, Montana--The segment from Fort Benton one hundred and
forty-nine miles downstream to Robinson Bridge, as generally depicted on
the boundary map entitled ``Missouri Breaks Freeflowing River
Proposal'', dated October 1975, to be administered by the Secretary of
the Interior. For the purposes of this river, there are authorized to be
appropriated not more than $1,800,000 for the acquisition of lands and
interests in lands. No funds authorized to be appropriated pursuant to
this paragraph shall be available prior to October 1, 1977.
(15) Obed, Tennessee--The segment from the western edge of the
Catoosa Wildlife Management Area to the confluence with the Emory River;
Clear Creek from the Morgan County line to the confluence with the Obed
River, Daddys Creek from the Morgan County line to the confluence with
the Obed River; and the Emory River from the confluence with the Obed
River to the Nemo bridge as generally depicted and classified on the
stream classification map dated December 1973. The Secretary of the
Interior shall take such action, with the participation of the State of
Tennessee as is provided for under subsection (b) of this section within
one year following October 12, 1976. The development plan required by
such subsection (b) shall include cooperative agreements between the
State of Tennessee acting through the Wildlife Resources Agency and the
Secretary of the Interior. Lands within the Wild and Scenic River
boundaries that are currently part of the Catoosa Wildlife Management
Area shall continue to be owned and managed by the Tennessee Wildlife
Resources Agency in such a way as to protect the wildlife resources and
primitive character of the area, and without further development of
roads, campsites, or associated recreational facilities unless deemed
necessary by that agency for wildlife management practices. The Obed
Wild and Scenic River shall be managed by the Secretary of the Interior.
For the purposes of carrying out the provisions of this chapter with
respect to this river, there are authorized to be appropriated such sums
as may be necessary, but not to exceed $2,000,000 for the acquisition of
lands or interests in lands and not to exceed $400,000 for development.
No funds authorized to be appropriated pursuant to this paragraph shall
be available prior to October 1, 1977.
(16) Pere Marquette, Michigan--The segment downstream from the
junction of the Middle and Little South Branches to its junction with
United States Highway 31 as generally depicted on the boundary map
entitled ``Proposed Boundary Location, Pere Marquette Wild and Scenic
River,''; to be administered by the Secretary of Agriculture. After
consultation with State and local governments and the interested public,
the Secretary shall take such action as is provided for under subsection
(b) of this section with respect to the segment referred to in this
paragraph within one year from November 10, 1978. Any development or
management plan prepared pursuant to subsection (b) of this section
shall include (a) provisions for the dissemination of information to
river users and (b) such regulations relating to the recreational and
other uses of the river as may be necessary in order to protect the area
comprising such river (including lands contiguous or adjacent thereto)
from damage or destruction by reason of overuse and to protect its
scenic, historic, esthetic and scientific values. Such regulations shall
further contain procedures and means which shall be utilized in the
enforcement of such development and management plan. For the purposes of
carrying out the provisions of this chapter with respect to the river
designated by this paragraph, there are authorized to be appropriated
not more than $8,125,000 for the acquisition of lands or interests in
lands and $402,000 for development. Notwithstanding any other provision
of this chapter, the installation and operation of facilities or other
activities within or outside the boundaries of the Pere Marquette Wild
and Scenic River for the control of the lamprey eel shall be permitted
subject to such restrictions and conditions as the Secretary of
Agriculture may prescribe for the protection of water quality and other
values of the river, including the wild and scenic characteristics of
the river.
(17) Rio Grande, Texas--The segment on the United States side of the
river from river mile 842.3 above Mariscal Canyon downstream to river
mile 651.1 at the Terrell-Val Verde County line; to be administered by
the Secretary of the Interior. The Secretary shall, within two years
after November 10, 1978, take such action with respect to the segment
referred to in this paragraph as is provided for under subsection (b) of
this section. The action required by such subsection (b) shall be
undertaken by the Secretary, after consultation with the United States
Commissioner, International Boundary and Water Commission, United States
and Mexico, and appropriate officials of the State of Texas and its
political subdivisions. The development plan required by subsection (b)
of this section shall be construed to be a general management plan only
for the United States side of the river and such plan shall include, but
not be limited to, the establishment of a detailed boundary which shall
include an average of not more than 160 acres per mile. Nothing in this
chapter shall be construed to be in conflict with--
(A) the commitments or agreements of the United States made by
or in pursuance of the treaty between the United States and Mexico
regarding the utilization of the Colorado and Tijuana Rivers and of
the Rio Grande, signed at Washington, February 1944 (59 Stat. 1219),
or
(B) the treaty between the United States and Mexico regarding
maintenance of the Rio Grande and Colorado River as the
international boundary between the United States and Mexico, signed
November 23, 1970.
For purposes of carrying out the provisions of this chapter with respect
to the river designated by this paragraph, there are authorized to be
appropriated such sums as may be necessary, but not more than $1,650,000
for the acquisition of lands and interests in lands and not more than
$1,800,000 for development.
(18) Skagit, Washington--The segment from the pipeline crossing at
Sedro-Woolley upstream to and including the mouth of Bacon Creek; the
Cascade River from its mouth to the junction of its North and South
Forks; the South Fork to the boundary of the Glacier Peak Wilderness
Area; the Suiattle River from its mouth to the boundary of the Glacier
Peak Wilderness Area at Milk Creek; the Sauk River from its mouth to its
junction with Elliott Creek; the North Fork of the Sauk River from its
junction with the South Fork of the Sauk to the boundary of the Glacier
Peak Wilderness Area; as generally depicted on the boundary map entitled
``Skagit River--River Area Boundary''; all segments to be administered
by the Secretary of Agriculture. Riprapping related to natural channels
with natural rock along the shorelines of the Skagit segment to preserve
and protect agricultural land shall not be considered inconsistent with
the values for which such segment is designated. After consultation with
affected Federal agencies, State and local government and the interested
public, the Secretary shall take such action as is provided for under
subsection (b) of this section with respect to the segments referred to
in this paragraph within one year from November 10, 1978; as part of
such action, the Secretary of Agriculture shall investigate that portion
of the North Fork of the Cascade River from its confluence with the
South Fork to the boundary of the North Cascades National Park and if
such portion is found to qualify for inclusion, it shall be treated as a
component of the Wild and Scenic Rivers System designated under this
section upon publication by the Secretary of notification to that effect
in the Federal Register. For the purposes of carrying out the provisions
of this chapter with respect to the river designated by this paragraph
there are authorized to be appropriated not more than $11,734,000 for
the acquisition of lands or interest in lands and not more than $332,000
for development.
(19) Upper Delaware River, New York and Pennsylvania--The segment of
the Upper Delaware River from the confluence of the East and West
branches below Hancock, New York, to the existing railroad bridge
immediately downstream of Cherry Island in the vicinity of Sparrow Bush,
New York, as depicted on the boundary map entitled ``The Upper Delaware
Scenic and Recreational River'', dated April 1978; to be administered by
the Secretary of the Interior. Subsection (b) of this section shall not
apply, and the boundaries and classifications of the river shall be as
specified on the map referred to in the preceding sentence, except to
the extent that such boundaries or classifications are modified pursuant
to section 704(c) of the National Parks and Recreation Act of 1978. Such
boundaries and classifications shall be published in the Federal
Register and shall not become effective until ninety days after they
have been forwarded to the Committee on Natural Resources of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate. For purposes of carrying out the
provisions of this chapter with respect to the river designated by this
paragraph there are authorized to be appropriated such sums as may be
necessary.
(20) Delaware, New York, Pennsylvania, and New Jersey--The segment
from the point where the river crosses the northern boundary of the
Delaware Water Gap National Recreation Area to the point where the river
crosses the southern boundary of such recreation area; to be
administered by the Secretary of the Interior. For purposes of carrying
out this chapter with respect to the river designated by this paragraph,
there are authorized to be appropriated such sums as may be necessary.
Action required to be taken under subsection (b) of this section with
respect to such segment shall be taken within one year from November 10,
1978, except that, with respect to such segment, in lieu of the
boundaries provided for in such subsection (b), the boundaries shall be
the banks of the river. Any visitors facilities established for purposes
of use and enjoyment of the river under the authority of the Act
establishing the Delaware Water Gap National Recreation Area [16 U.S.C.
460o et seq.] shall be compatible with the purposes of this chapter and
shall be located at an appropriate distance from the river.
(21) American, California--The North Fork from a point 0.3 mile
above Heath Springs downstream to a point approximately 1,000 feet
upstream of the Colfax-Iowa Hill Bridge, including the Gold Run Addition
Area, as generally depicted on the map entitled ``Proposed Boundary
Maps'' contained in Appendix I of the document dated January 1978 and
entitled ``A Proposal: North Fork American Wild and Scenic River''
published by the United States Forest Service, Department of
Agriculture; to be designated as a wild river and to be administered by
agencies of the Departments of Interior and Agriculture as agreed upon
by the Secretaries of such Departments or as directed by the President.
Action required to be taken under subsection (b) shall be taken within
one year after November 10, 1978; in applying such subsection (b) in the
case of the Gold Run Addition Area, the acreage limitation specified
therein shall not apply and in applying section 1277(g)(3) of this
title, January 1, 1977 shall be substituted for January 1, 1967. For
purposes of carrying out the provisions of this chapter with respect to
the river designated by this paragraph, there are authorized to be
appropriated not more than $850,000 for the acquisition of lands and
interests in land and not more than $765,000 for development.
(22) Missouri River, Nebraska, South Dakota--The segment from Gavins
Point Dam, South Dakota, fifty-nine miles downstream to Ponca State
Park, Nebraska, as generally depicted in the document entitled ``Review
Report for Water Resources Development, South Dakota, Nebraska, North
Dakota, Montana'', prepared by the Division Engineer, Missouri River
Division, Corps of Engineers, dated August 1977 (hereinafter in this
paragraph referred to as the ``August 1977 Report''). Such segment shall
be administered as a recreational river by the Secretary. The Secretary
shall enter into a written cooperative agreement with the Secretary of
the Army (acting through the Chief of Engineers) for construction and
maintenance of bank stabilization work and appropriate recreational
development. After public notice and consultation with the State and
local governments, other interested organizations and associations, and
the interested public, the Secretary shall take such action as is
required pursuant to subsection (b) of this section within one year from
November 10, 1978. In administering such river, the Secretary shall, to
the extent, and in a manner, consistent with this section--
(A) provide (i) for the construction by the United States of
such recreation river features and streambank stabilization
structures as the Secretary of the Army (acting through the Chief of
Engineers) deems necessary and advisable in connection with the
segment designated by this paragraph, and (ii) for the operation and
maintenance of all streambank stabilization structures constructed
in connection with such segment (including both structures
constructed before November 10, 1978, and structures constructed
after such date, and including both structures constructed under the
authority of this section and structures constructed under the
authority of any other Act); and
(B) permit access for such pumping and associated pipelines as
may be necessary to assure an adequate supply of water for owners of
land adjacent to such segment and for fish, wildlife, and
recreational uses outside the river corridor established pursuant to
this paragraph.
The streambank structures to be constructed and maintained under
subparagraph (A) shall include, but not be limited to, structures at
such sites as are specified with respect to such segment on pages 62 and
63 of the August 1977 Report, except that sites for such structures may
be relocated to the extent deemed necessary by the Secretary of the Army
(acting through the Chief of Engineers) by reason of physical changes in
the river or river area. The Secretary of the Army (acting through the
Chief of Engineers) shall condition the construction or maintenance of
any streambank stabilization structure or of any recreational river
feature at any site under subparagraph (A)(i) upon the availability to
the United States of such land and interests in land in such ownership
as he deems necessary to carry out such construction or maintenance and
to protect and enhance the river in accordance with the purposes of this
chapter. Administration of the river segment designated by this
paragraph shall be in coordination with, and pursuant to the advice of a
Recreational River Advisory Group which shall be established by the
Secretary. Such Group may include in its membership, representatives of
the affected States and political subdivisions thereof, affected Federal
agencies, and such organized private groups as the Secretary deems
desirable. Notwithstanding the authority to the contrary contained in
section 1277(a) of this title, no land or interests in land may be
acquired without the consent of the owner: Provided, That not to exceed
5 per centum of the acreage within the designated river boundaries may
be acquired in less than fee title without the consent of the owner, in
such instance of the Secretary's determination that activities are
occurring, or threatening to occur thereon which constitute serious
damage or threat to the integrity of the river corridor, in accordance
with the values for which this river was designated. For purposes of
carrying out the provisions of this chapter with respect to the river
designated by this paragraph, there are authorized to be appropriated
not to exceed $21,000,000, for acquisition of lands and interests in
lands and for development.
(23) Saint Joe, Idaho--The segment above the confluence of the North
Fork of the Saint Joe River to Spruce Tree Campground, as a recreational
river; the segment above Spruce Tree Campground to Saint Joe Lake, as a
wild river, as generally depicted on the map entitled ``Saint Joe River
Corridor Map'' on file with the Chief of the Forest Service and dated
September 1978; to be administered by the Secretary of Agriculture.
Notwithstanding any other provision of law, the classification of the
Saint Joe River under this paragraph and the subsequent development plan
for the river prepared by the Secretary of Agriculture shall at no time
interfere with or restrict the maintenance, use, or access to existing
or future roads within the adjacent lands nor interfere with or restrict
present use of or future construction of bridges across that portion of
the Saint Joe designated as a ``recreational river'' under this
paragraph. Dredge or placer mining shall be prohibited within the banks
or beds of the main stem of the Saint Joe and its tributary streams in
their entirety above the confluence of the main stem with the North Fork
of the river. Nothing in this chapter shall be deemed to prohibit the
removal of sand and gravel above the high water mark of the Saint Joe
River and its tributaries within the river corridor by or under the
authority of any public body or its agents for the purposes of
construction or maintenance of roads. The Secretary shall take such
action as is required under subsection (b) of this section within one
year from November 10, 1978. For the purposes of this river, there are
authorized to be appropriated not more than $1,000,000 for the
acquisition of lands or interest in lands.
(24) Salmon, Idaho--(A) The segment of the main river from the mouth
of the North Fork of the Salmon River downstream to Long Tom Bar in the
following classes:
(i) the forty-six-mile segment from the mouth of the North Fork
of the Salmon River to Corn Creek as a recreational river; and
(ii) the seventy-nine-mile segment from Corn Creek to Long Tom
Bar as a wild river; all as generally depicted on a map entitled
``Salmon River'' dated November 1979, which is on file and available
for public inspection in the Office of the Chief, Forest Service,
United States Department of Agriculture.
(B) This segment shall be administered by the Secretary of
Agriculture: Provided, That after consultation with State and local
governments and the interested public, the Secretary shall take such
action as is required by subsection (b) of this section within one year
from July 23, 1980.
(C) The use of motorboats (including motorized jetboats) within this
segment of the Salmon River shall be permitted to continue at a level
not less than the level of use which occurred during calendar year 1978,
(D) Subject to existing rights of the State of Idaho, including the
right of access, with respect to the beds of navigable streams,
tributaries or rivers, dredge and placer mining in any form including
any use of machinery for the removal of sand and gravel for mining
purposes shall be prohibited within the segment of the Salmon River
designated as a component of the Wild and Scenic Rivers System by this
paragraph; within the fifty-three-mile segment of the Salmon River from
Hammer Creek downstream to the confluence of the Snake River; and within
the Middle Fork of the Salmon River; and its tributary streams in their
entirety: Provided, That nothing in this paragraph shall be deemed to
prohibit the removal of sand and gravel, outside the boundaries of the
Frank Church--River of No Return Wilderness or the Gospel-Hump
Wilderness, above the high water mark of the Salmon River or the Middle
Fork and its tributaries for the purposes of construction or maintenance
of public roads; Provided further, That this paragraph shall not apply
to any written mineral leases approved by the Board of Land
Commissioners of the State of Idaho prior to January 1, 1980.
(E) The provisions of section 1278(a) of this title with respect to
the licensing of dams, water conduits, reservoirs, powerhouses,
transmission lines or other project works, shall apply to the fifty-
three-mile segment of the Salmon River from Hammer Creek downstream to
the confluence of the Snake River.
(F) For the purposes of the segment of the Salmon River designated
as a component of the Wild and Scenic Rivers System by this paragraph,
there is hereby authorized to be appropriated from the Land and Water
Conservation Fund, after October 1, 1980, not more than $6,200,000 for
the acquisition of lands and interests in lands.
(25) Alagnak, Alaska--That segment of the main stem and the major
tributary to the Alagnak, the Nonvianuk River, within Katmai National
Preserve; to be administered by the Secretary of the Interior.
(26) Alatna, Alaska--The main stem within the Gates of the Arctic
National Park; to be administered by the Secretary of the Interior.
(27) Aniakchak, Alaska--That portion of the river, including its
major tributaries, Hidden Creek, Mystery Creek, Albert Johnson Creek,
and North Fork Aniakchak River, within the Aniakchak National Monument
and National Preserve; to be administered by the Secretary of the
Interior.
(28) Charley, Alaska--The entire river, including its major
tributaries, Copper Creek, Bonanza Creek, Hosford Creek, Derwent Creek,
Flat-Orthmer Creek, Crescent Creek, and Moraine Creek, within the Yukon-
Charley Rivers National Preserve; to be administered by the Secretary of
the Interior.
(29) Chilikadrotna, Alaska--That portion of the river within the
Lake Clark National Park and Preserve; to be administered by the
Secretary of the Interior.
(30) John, Alaska--That portion within the Gates of the Arctic
National Park; to be administered by the Secretary of the Interior.
(31) Kobuk, Alaska--That portion within the Gates of the Arctic
National Park and Preserve; to be administered by the Secretary of the
Interior.
(32) Mulchatna, Alaska--That portion within the Lake Clark National
Park and Preserve; to be administered by the Secretary of the Interior.
(33) Noatak, Alaska--The river from its source in the Gates of the
Arctic National Park to its confluence with the Kelly River in the
Noatak National Preserve; to be administered by the Secretary of the
Interior.
(34) North Fork of the Koyukuk, Alaska--That portion within the
Gates of the Arctic National Park; to be administered by the Secretary
of the Interior.
(35) Salmon, Alaska--That portion within the Kobuk Valley National
Park; to be administered by the Secretary of the Interior.
(36) Tinayguk, Alaska--That portion within the Gates of the Arctic
National Park; to be administered by the Secretary of the Interior.
(37) Tlikakila, Alaska--That portion within the Lake Clark National
Park; to be administered by the Secretary of the Interior.
(38) Andreafsky, Alaska--That portion from its source, including all
headwaters, and the East Fork, within the boundary of the Yukon Delta
National Wildlife Refuge; to be administered by the Secretary of the
Interior.
(39) Ivishak, Alaska--That portion from its source, including all
headwaters and an unnamed tributary from Porcupine Lake within the
boundary of the Arctic National Wildlife Range; to be administered by
the Secretary of the Interior.
(40) Nowitna, Alaska--That portion from the point where the river
crosses the west limit of township 18 south, range 22 east, Kateel River
meridian, to its confluence with the Yukon River within the boundaries
of the Nowitna National Wildlife Refuge; to be administered by the
Secretary of the Interior.
(41) Selawik, Alaska--That portion from a fork of the headwaters in
township 12 north, range 10 east, Kateel River meridian to the
confluence of the Kugarak River; within the Selawik National Wildlife
Refuge to be administered by the Secretary of the Interior.
(42) Sheenjek, Alaska--The segment within the Arctic National
Wildlife Refuge; to be administered by the Secretary of the Interior.
(43) Wind, Alaska--That portion from its source, including all
headwaters and one unnamed tributary in township 13 south, within the
boundaries of the Arctic National Wildlife Refuge; to be administered by
the Secretary of the Interior.
(44) Alagnak, Alaska--Those segments or portions of the main stem
and Nonvianuk tributary lying outside and westward of the Katmia
National Park/Preserve and running to the west boundary of township 13
south, range 43 west; to be administered by the Secretary of the
Interior.
(45) Beaver Creek, Alaska--The segment of the main stem from the
vicinity of the confluence of the Bear and Champion Creeks downstream to
its exit from the northeast corner of township 12 north, range 6 east,
Fairbanks meridian within the White Mountains National Recreation Area,
and the Yukon Flats National Wildlife Refuge, to be administered by the
Secretary of the Interior.
(46) Birch Creek, Alaska--The segment of the main stem from the
south side of Steese Highway in township 7 north, range 10 east,
Fairbanks meridian, downstream to the south side of the Steese Highway
in township 10 north, range 16 east; to be administered by the Secretary
of the Interior.
(47) Delta, Alaska--The segment from and including all of the Tangle
Lakes to a point one-half mile north of Black Rapids; to be administered
by the Secretary of the Interior.
(48) Fortymile, Alaska--The main stem within the State of Alaska;
O'Brien Creek; South Fork; Napoleon Creek, Franklin Creek, Uhler Creek,
Walker Fork downstream from the confluence of Liberty Creek; Wade Creek;
Mosquito Fork downstream from the vicinity of Kechumstuk; West Fork
Dennison Fork downstream from the confluence of Logging Cabin Creek;
Dennison Fork downstream from the confluence of West Fork Dennison Fork:
Logging Cabin Creek; North Fork; Hutchison Creek; Champion Creek; the
Middle Fork downstream from the confluence of Joseph Creek; and Joseph
Creek; to be administered by the Secretary of the Interior.
(49) Gulkana, Alaska--The main stem from the outlet of Paxon Lake in
township 12 north, range 2 west, Copper River meridian to the confluence
with Sourdough Creek; the south branch of the west fork from the outlet
of an unnamed lake in sections 10 and 15, township 10 north, range 7
west, Copper River meridian to the confluence with the west fork; the
north branch from the outlet of two unnamed lakes, one in sections 24
and 25, the second in sections 9 and 10, township 11 north, range 8
west, Copper River meridian to the confluence with the west fork; the
west fork from its confluence with the north and south branches
downstream to its confluence with the main stem; the middle fork from
the outlet of Dickey Lake in township 13 north, range 5 west, Copper
River meridian to the confluence with the main stem; to be classified as
a wild river area and to be administered by the Secretary of the
Interior.
(50) Unalakleet, Alaska--The segment of the main stem from the
headwaters in township 12 south, range 3 west, Kateel River meridian
extending downstream approximately 65 miles to the western boundary of
township 18 south, range 8 west; to be administered by the Secretary of
the Interior.
(51) Verde, Arizona--The segment from the boundary between national
forest and private land in sections 26 and 27, township 13 north, range
5 east, Gila Salt River meridian, downstream to the confluence with Red
Creek, as generally depicted on a map entitled ``Verde River--Wild and
Scenic River'', dated March 1984, which is on file and available for
public inspection in the Office of the Chief, Forest Service, United
States Department of Agriculture; to be administered by the Secretary of
Agriculture. This designation shall not prevent water users receiving
Central Arizona Project water allocations from diverting that water
through an exchange agreement with downstream water users in accordance
with Arizona water law. After consultation with State and local
governments and the interested public and within two years after August
28, 1984, the Secretary shall take such action as is required under
subsection (b) of this section.
(52) Au Sable, Michigan--The segment of the main stem from the
project boundary of the Mio Pond project downstream to the project
boundary at Alcona Pond project as generally depicted on a map entitled
``Au Sable River'' which is on file and available for public inspection
in the Office of the Chief, Forest Service, United States Department of
Agriculture; to be administered by the Secretary of Agriculture.
(53) Tuolumne, California--The main river from its sources on Mount
Dana and Mount Lyell in Yosemite National Park to Don Pedro Reservoir
consisting of approximately 83 miles as generally depicted on the
proposed boundary map entitled ``Alternative A'' contained in the Draft
Tuolumne Wild and Scenic River Study and Environmental Impact Statement
published by the United States Department of the Interior and Department
of Agriculture in May 1979; to be administered by the Secretary of the
Interior and the Secretary of Agriculture. After consultation with State
and local governments and the interested public and within two years
from September 28, 1984, the Secretary shall take such action as is
required under subsection (b) of this section. Nothing in this chapter
shall preclude the licensing, development, operation, or maintenance of
water resources facilities on those portions of the North Fork, Middle
Fork or South Fork of the Tuolumne or Clavey Rivers that are outside the
boundary of the wild and scenic river area as designated in this
section. Nothing in this section is intended or shall be construed to
affect any rights, obligations, privileges, or benefits granted under
any prior authority of law including chapter 4 of the Act of December
19, 1913, commonly referred to as the Raker Act (38 Stat. 242) and
including any agreement or administrative ruling entered into or made
effective before September 28, 1984. For fiscal years commencing after
September 30, 1985, there are authorized to be appropriated such sums as
may be necessary to implement the provisions of this subsection.
(54) Illinois, Oregon: The segment from the boundary of the Siskiyou
National Forest downstream to its confluence with the Rogue River as
generally depicted on a map entitled ``Illinois River Study'' and is
also part of a report entitled ``A Proposal: Illinois Wild and Scenic
River''; to be administered by the Secretary of Agriculture. After
consultation with State and local governments and the interested public,
the Secretary shall take such action as is required under subsection (b)
of this section within one year from October 19, 1984. For the purposes
of this chapter with respect to the river designated by this paragraph,
effective October 1, 1984, there are authorized to be appropriated such
sums as necessary for the acquisition of lands or interests in lands,
and such sums as necessary for development.
(55) Owyhee, Oregon: The South Fork from the Idaho-Oregon State line
downstream to Three Forks; the Owyhee River from Three Forks downstream
to China Gulch; and the Owyhee River downstream from Crooked Creek to
the Owyhee Reservoir as generally depicted on a map entitled ``Owyhee,
Oregon'' dated April 1984; all three segments to be administered as a
wild river by the Secretary of the Interior. After consultation with
State and local governments and the interested public, the Secretary
shall take such appropriate action as is required under subsection (b)
of this section within one year from October 19, 1984. For the purposes
of this chapter with respect to the river designated by this paragraph,
effective October 1, 1984, there are authorized to be appropriated such
sums as necessary for the acquisition of lands or interests and such
sums as necessary for development.
(56) Horsepasture, North Carolina--The segment from Bohaynee Road
(N.C. 281) downstream approximately 4.25 miles to where the segment ends
at Lake Jocassee, to be administered by the Secretary of Agriculture.
Notwithstanding any limitation of section 1277 of this title, the
Secretary is authorized to utilize the authority of this chapter and
those pertaining to the National Forests to acquire by purchase with
donated or appropriated funds, donation, exchange or otherwise, such
non-Federal lands or interests in lands within, near, or adjacent to the
designated segments of the river which the Secretary determines will
protect or enhance the scenic and natural values of the river.
(57) Cache la Poudre, Colorado--The following segments as generally
depicted on the proposed boundary map numbered FS-56 and dated March
1986, published by the United States Department of Agriculture, each to
be administered by the Secretary of Agriculture; except that those
portions of the segments so designated which are within the boundary of
Rocky Mountain National Park shall continue to be administered by the
Secretary of the Interior:
(A) Beginning at Poudre Lake downstream to the confluence of Joe
Wright Creek, as a wild river. This segment to be designated the
``Peter H. Dominick Wild River Area''.
(B) Downstream from the confluence of Joe Wright Creek to a
point where the river intersects the easterly north-south line of
the west half southwest quarter of section 1, township 8 north,
range 71 west of the sixth principal meridian, as a recreational
river.
(C) South Fork of the Cache la Poudre River from its source to
the Commanche \1\ Peak Wilderness Boundary, approximately four
miles, as a wild river.
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\1\ So in original. Probably should be ``Comanche''.
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(D) Beginning at the Commanche \1\ Peak Wilderness Boundary to a
point on the South Fork of the Cache la Poudre River in section 1,
township 7 north, range 73 west of the sixth principal meridian, at
elevation 8050 mean sea level, as a recreational river.
(E) South Fork of the Cache la Poudre River from its
intersection with the easterly section line of section 30, township
8 north, range 72 west of the sixth principal meridian, to
confluence of the main stem of the Cache la Poudre River, as a wild
river.
With respect to the portions of the river segments designated by this
paragraph which are within the boundaries of Rocky Mountain National
Park, the requirements of subsection (b) of this section shall be
fulfilled by the Secretary of the Interior through appropriate revisions
to the general management plan for the park, and the boundaries,
classification, and development plans for such portions need not be
published in the Federal Register. Such revisions to the general
management plan for the park shall assure that no development or use of
parklands shall be undertaken that is inconsistent with the designation
of such river segments as a wild river. For the purposes of the segments
designated by this paragraph, there are authorized to be appropriated
$500,000 for development and $2,500,000 for land acquisition.
(58) Saline Bayou, Louisiana--The segment from Saline Lake upstream
to the Kisatchie National Forest, as generally depicted on the Proposed
Boundary Map, numbered FS-57, and dated March 1986; to be administered
by the Secretary of Agriculture. For the purposes of the segment
designated by this paragraph, there are authorized to be appropriated
for fiscal years commencing after September 30, 1986, not to exceed
$1,000,000 for the acquisition of lands and interests in lands and for
development.
(59) Black Creek, Mississippi--The segment from Fairley Bridge
Landing upstream to Moody's Landing as generally depicted on a map
entitled ``Black Creek Wild and Scenic River'', numbered FS-58 and dated
March 1986, to be administered by the Secretary of Agriculture as a
scenic river area under section 1273(b)(2) of this title. For the
purposes of the segment designated by this paragraph, there are
authorized to be appropriated up to $300,000 for the acquisition of
lands and interests in lands and for development.
(60) Klickitat, Washington: The segment from its confluence with
Wheeler Creek, Washington, near the town of Pitt, Washington, to its
confluence with the Columbia River; to be classified as a recreation
river and to be administered by the Secretary of Agriculture. The
boundaries of the designated portions of the Klickitat River shall be as
generally depicted on a map dated November, 1987, and entitled
``Klickitat National Recreation River, River Management Area: Final
Boundary'', which is on file in the office of the Chief, Forest Service,
Washington, District of Columbia.
(61) White Salmon, Washington: The segment from its confluence with
Gilmer Creek, Washington, near the town of B Z Corner, Washington, to
its confluence with Buck Creek, Washington; to be classified as a scenic
river and to be administered by the Secretary of Agriculture.
(62) Merced, California.--(A) The main stem from its sources
(including Red Peak Fork, Merced Peak Fork, Triple Peak Fork, and Lyell
Fork) on the south side of Mount Lyell in Yosemite National Park to a
point 300 feet upstream of the confluence with Bear Creek, consisting of
approximately 71 miles, and the South Fork of the river from its source
near Triple Divide Peak in Yosemite National Park to the confluence with
the main stem, consisting of approximately 43 miles, both as generally
depicted on the map entitled ``Merced River Wild and Scenic Rivers--
Proposed'', dated June 1987, to be administered by the Secretary of
Agriculture and the Secretary of the Interior. With respect to the
portions of the river designated by this subparagraph which are within
the boundaries of Yosemite National Park, and the El Portal
Administrative Unit, the requirements of subsection (b) of this section
shall be fulfilled by the Secretary of the Interior through appropriate
revisions to the general management plan for the park, and the
boundaries, classification, and development plans for such portions need
not be published in the Federal Register. Such revisions to the general
management plan for the park shall assure that no development or use of
park lands shall be undertaken that is inconsistent with the designation
of such river segments. There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of this subparagraph,
except that no more than $235,000 may be appropriated to the Secretary
of Agriculture for the acquisition of lands and interests in lands.
(B)(i) The main stem from a point 300 feet upstream of the
confluence with Bear Creek downstream to the normal maximum operating
pool water surface level of Lake McClure (elevation 867 feet mean sea
level) consisting of approximately 8 miles, as generally depicted on the
map entitled ``Merced Wild and Scenic River'', dated April, 1990. The
Secretary of the Interior shall administer the segment as recreational,
from a point 300 feet upstream of the confluence with Bear Creek
downstream to a point 300 feet west of the boundary of the Mountain King
Mine, and as wild, from a point 300 feet west of the boundary of the
Mountain King Mine to the normal maximum operating pool water surface
level of Lake McClure. The requirements of subsection (b) of this
section shall be fulfilled by the Secretary of the Interior through
appropriate revisions to the Sierra Management Framework Plan for the
Sierra Planning Area of the Folsom Resource Area, Bakersfield District,
Bureau of Land Management. There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of this subparagraph.
(ii) To the extent permitted by, and in a manner consistent with
section 1278 of this title, and in accordance with other applicable law,
the Secretary of the Interior shall permit the construction and
operation of such pumping facilities and associated pipelines as
identified in the Bureau of Land Management right-of-way application
CACA 26084, filed by the Mariposa County Water Agency on November 7,
1989, and known as the ``Saxon Creek Project'', to assure an adequate
supply of water from the Merced River to Mariposa County.
(C) With respect to the segments of the main stem of the Merced
River and the South Fork Merced River designated as recreational or
scenic pursuant to this paragraph or by the appropriate agency pursuant
to subsection (b) of this section, the minerals to \2\ Federal lands
which constitute the bed or bank or are situated within one-quarter mile
of the bank are hereby withdrawn, subject to valid existing rights, from
all forms of appropriation under the mining laws and from operation of
the mineral leasing laws including, in both cases, amendments thereto.
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\2\ So in original. Probably should be ``on''.
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(63) Kings, California.--The Middle Fork of the Kings River from its
headwaters at Lake Helen between Muir Pass and Black Giant Mountain to
its confluence with the main stem; the South Fork, Kings River from its
headwaters at Lake 11599 to its confluence with the main stem; and the
main stem of the Kings River from the confluence of the Middle Fork and
the South Fork to the point at elevation 1,595 feet above mean sea
level. The segments within the Kings Canyon National Park shall be
administered by the Secretary of the Interior. The remaining segments
shall be administered by the Secretary of Agriculture. After
consultation with State and local governments and the interested public
and within one year after November 3, 1987, the respective Secretaries
shall take such action as is required under subsection (b) of this
section. In the case of the segments of the river administered by the
Secretary of the Interior, the requirements of subsection (b) of this
section shall be fulfilled through appropriate revisions to the general
management plan for Kings Canyon National Park, and the boundaries,
classification, and development plans for such segments need not be
published in the Federal Register. Such revisions to the general
management plan for the park shall assure that no development or use of
park lands shall be undertaken that is inconsistent with the designation
of the river under this paragraph. For the purposes of the segments
designated by this paragraph, there are authorized to be appropriated
such sums as may be necessary, but not to exceed $250,000, to the
Secretary of Agriculture for development and land acquisition.
(64)(A) North Fork Kern River, California.--The segment of the main
stem from the Tulare-Kern County line to its headwaters in Sequoia
National Park, as generally depicted on a map entitled ``Kern River Wild
and Scenic River--Proposed'' and dated June, 1987; to be administered by
the Secretary of Agriculture; except that portion of the river within
the boundaries of the Sequoia National Park shall be administered by the
Secretary of the Interior. With respect to the portion of the river
segment designated by this paragraph which is within the boundaries of
Sequoia National Park, the requirements of subsection (b) of this
section shall be fulfilled by the Secretary of the Interior through
appropriate revisions to the general management plan for the park, and
the boundaries, classification, and development plans for such portion
need not be published in the Federal Register. Such revision to the
general management plan for the park shall assure that no developments
or use of park lands shall be undertaken that is inconsistent with the
designation of such river segment.
(B) South Fork Kern River, California.--The segment from its
headwaters in the Inyo National Forest to the southern boundary of the
Domelands Wilderness in the Sequoia National Forest, as generally
depicted on a map entitled ``Kern River Wild and Scenic River--
Proposed'' and dated June 1987; to be administered by the Secretary of
Agriculture.
(C) Nothing in this chapter shall affect the continued operation and
maintenance of the existing diversion project, owned by Southern
California Edison on the North Fork of the Kern River, including
reconstruction or replacement of facilities to the same extent as
existed on November 24, 1987.
(D) For the purposes of the segments designated by this paragraph,
there are authorized to be appropriated such sums as may be necessary,
but not to exceed $100,000, to the Secretary of Agriculture for
development and land acquisition.
(65) Bluestone, West Virginia.--The segment in Mercer and Summers
Counties, West Virginia, from a point approximately two miles upstream
of the Summers and Mercer County line down to the maximum summer pool
elevation (one thousand four hundred and ten feet above mean sea level)
of Bluestone Lake as depicted on the boundary map entitled ``Bluestone
Wild and Scenic River'', numbered BLUE-80,005, dated May 1996; to be
administered by the Secretary of the Interior as a scenic river. In
carrying out the requirements of subsection (b) of this section, the
Secretary shall consult with State and local governments and the
interested public. The Secretary shall not be required to establish
detailed boundaries of the river as provided under subsection (b) of
this section. Nothing in this chapter shall preclude the improvement of
any existing road or right-of-way within the boundaries of the segment
designated under this paragraph. Jurisdiction over all lands and
improvements on such lands owned by the United States within the
boundaries of the segment designated under this paragraph is hereby
transferred without reimbursement to the administrative jurisdiction of
the Secretary of the Interior, subject to leases in effect on October
26, 1988 (or renewed thereafter) between the United States and the State
of West Virginia with respect to the Bluestone State Park and the
Bluestone Public Hunting and Fishing Area. Nothing in this chapter shall
affect the management by the State of hunting and fishing within the
segment designated under this paragraph. Nothing in this chapter shall
affect or impair the management by the State of West Virginia of other
wildlife activities in the Bluestone Public Hunting and Fishing Area to
the extent permitted in the lease agreement as in effect on October 26,
1988, and such management may be continued pursuant to renewal of such
lease agreement. If requested to do so by the State of West Virginia,
the Secretary may terminate such leases and assume administrative
authority over the areas concerned. Nothing in the designation of the
segment referred to in this paragraph shall affect or impair the
management of the Bluestone project or the authority of any department,
agency, or instrumentality of the United States to carry out the project
purposes of that project as of October 26, 1988. Nothing in this chapter
shall be construed to affect the continuation of studies relating to
such project which were commenced before October 26, 1988. In order to
provide reasonable public access and vehicle parking for public use and
enjoyment of the river designated by this paragraph, consistent with the
preservation and enhancement of the natural and scenic values of such
river, the Secretary may, with the consent of the owner thereof,
negotiate a memorandum of understanding or cooperative agreement, or
acquire not more than 10 acres of lands or interests in such lands, or
both, as may be necessary to allow public access to the Bluestone River
and to provide, outside the boundary of the scenic river, parking and
related facilities in the vicinity of the area known as Eads Mill.
(66)(A) Sipsey Fork of the West Fork, Alabama.--Segments of the
Sipsey Fork and several tributaries; to be administered by the Secretary
of Agriculture in the classifications indicated, as follows:
(1) Sipsey Fork from the confluence of Sandy Creek upstream to
Forest Highway 26, as a scenic river; and
(2) Sipsey Fork from Forest Highway 26 upstream to it origin at
the confluence of Thompson Creek and Hubbard Creek, as a wild river;
and
(3) Hubbard Creek from its confluence with Thompson Creek
upstream to Forest Road 210, as a wild river; and
(4) Thompson Creek from its confluence with Hubbard Creek
upstream to its origin in section 4, township 8 south, range 9 west,
as a wild river; and
(5) Tedford Creek from its confluence with Thompson Creek
upstream to section 17, township 8 south, range 9 west, as a wild
river; and
(6) Mattox Creek from it confluence with Thompson Creek upstream
to section 36 of township 7 south, range 9 west, as a wild river;
and
(7) Borden Creek from its confluence with the Sipsey Fork
upstream to Forest Road 208, as a wild river; and
(8) Borden Creek from Forest Road 208 upstream to its confluence
with Montgomery Creek, as a scenic river; and
(9) Montgomery Creek from its confluence with Borden Creek
upstream to the southwest quarter of the southwest quarter of
section 36, township 7 south, range 8 west, as a scenic river; and
(10) Flannigan Creek from its confluence with Borden Creek
upstream to Forest Road 208, as a wild river; and
(11) Flannigan Creek from Forest Road 208 upstream to section 4,
township 8 south, range 8 west, as a scenic river; and
(12) Braziel Creek from its confluence with Borden Creek
upstream to section 12, township 8 south, range 9 west, as a wild
river; and
(13) Hogood Creek from its confluence with Braziel Creek
upstream to the confluence with an unnamed tributary in section 7,
township 8 south, range 8 west, as a wild river.
(B) A map entitled ``Sipsey Fork of the West Fork Wild and Scenic
River'', generally depicting the Sipsey Fork and the tributaries, shall
be on file and remain available for public inspections in the office of
the Chief of the Forest Service, Department of Agriculture.
(67) Wildcat River, New Hampshire.--(A) A 14.51 mile segment
including the following tributaries: Wildcat Brook, Bog Brook, and Great
Brook (all as generally depicted on a map entitled ``Wildcat River'',
dated October 1987) to be administered as follows: those segments of the
Wildcat River and its tributaries located within the boundary of the
White Mountain National Forest (hereinafter in this paragraph referred
to as ``the forest'') shall be administered by the Secretary of
Agriculture (hereinafter in this paragraph referred to as the
``Secretary''); those segments located outside the boundary of the
forest shall be administered by the Secretary through a cooperative
agreement with the Board of Selectmen of the town of Jackson and the
State of New Hampshire pursuant to section 1281(e) of this title. Such
agreement shall provide for the long-term protection, preservation, and
enhancement of the river segments located outside the boundary of the
forest and shall be consistent with the comprehensive management plan to
be prepared by the Secretary pursuant to subsection (d) of this section
and with the July 1987 River Conservation Plan prepared by the Wildcat
Brook Advisory Committee in conjunction with the National Park Service.
(B)(i) To assist in the implementation of this paragraph, the
Secretary shall establish, within 3 months after October 28, 1988, a
Wildcat River Advisory Commission (hereinafter in this paragraph
referred to as the ``Commission'').
(ii) The Commission shall be composed of 7 members appointed by the
Secretary as follows: one member from recommendations submitted by the
Governor of the State of New Hampshire; 4 members from recommendations
submitted by the Jackson Board of Selectmen, of which at least 2 members
shall be riparian property owners, and at least one member shall be on
the Board of Selectmen; one member from recommendations submitted by the
Jackson Conservation Commission; and one member selected by the
Secretary. Members of the Commission shall be appointed for terms of 3
years. A vacancy in the Commission shall be filled in the manner in
which the original appointment was made. Any member appointed to fill a
vacancy occurring before the expiration of the term for which his
predecessor was appointed shall be appointed only for the remainder of
such term. Any member of the Commission appointed for a definite term
may serve after the expiration of his term until his successor is
appointed. The Commission shall designate one of its members as
Chairman.
(iii) The Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area affected by the designation
of the segments described in this paragraph. Commission meetings shall
be held at locations and in such a manner as to ensure adequate public
involvement.
(iv) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred in carrying
out their responsibilities under this paragraph on vouchers signed by
the Chairman.
(v) Four members of the Commission shall constitute a quorum but a
lesser number may hold hearings.
(vi) The Commission shall cease to exist on the date 10 years after
October 28, 1988.
(vii) The provisions of section 14(b) of the Federal Advisory
Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived
with respect to the Commission.
(C) The authority of the Secretary to acquire lands outside the
boundary of the White Mountain National Forest for purposes of this
paragraph shall be limited to acquisition by donation or acquisition
with the consent of the owner thereof. The Secretary may also acquire
scenic easements for purposes of this paragraph as provided in section
1277 of this title.
(D) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this paragraph.
(68) Big Marsh Creek, Oregon.--The 15-mile segment from the
northeast quarter of section 15, township 26 south, range 6 east, to its
confluence with Crescent Creek in the northeast quarter of section 20,
township 24 south, range 7 east, as a recreational river; to be
administered by the Secretary of Agriculture: Provided, That nothing in
this chapter shall prohibit the Secretary from undertaking construction
activities to enhance and restore wetland resources associated with Big
Marsh Creek.
(69) Chetco, Oregon.--The 44.5-mile segment from its headwaters to
the Siskiyou National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 25.5-mile segment from its headwaters to Boulder Creek
at the Kalmiopsis Wilderness boundary as a wild river;
(B) the 8-mile segment from Boulder Creek to Steel Bridge as a
scenic river; and
(C) the 11-mile segment from Steel Bridge to the Siskiyou
National Forest boundary, one mile below Wilson Creek, as a
recreational river.
(70) Clackamas, Oregon.--The 47-mile segment from Big Springs to Big
Cliff; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 4-mile segment from Big Springs to the Forest Service
Road 4690 bridge as a scenic river;
(B) the 3.5-mile segment from the Forest Service Road 4690
bridge to the junction with Oregon State Highway 224 as a
recreational river;
(C) the 10.5-mile segment from Oregon State Highway 224 to the
June Creek Bridge as a scenic river;
(D) the 9-mile segment from June Creek Bridge to Tar Creek as a
recreational river;
(E) the 5.5-mile segment from Tar Creek to just south of Indian
Henry Campground as a scenic river; and
(F) the 14.5-mile segment just south of Indian Henry Campground
to Big Cliff as a recreational river.
(71) Crescent Creek, Oregon.--The 10-mile segment from the southwest
quarter of section 11, township 24 south, range 6 east, to the west
section line of section 13, township 24 south, range 7 east, as a
recreational river; to be administered by the Secretary of Agriculture.
(72) Crooked, Oregon.--The 15-mile segment from the National
Grassland boundary to Dry Creek; to be administered by the Secretary of
the Interior in the following classes:
(A) The 7-mile segment from the National Grassland boundary to
River Mile 8 south of Opal Spring as a recreational river; and
(B) the 8-mile segment from Bowman Dam to Dry Creek as a
recreational river.
(73) Deschutes, Oregon.--Those portions as follows:
(A) The 40.4-mile segment from Wickiup Dam to northern boundary
of Sunriver at the southwest quarter of section 20, township 19
south, range 11 east as a recreational river; to be administered by
the Secretary of Agriculture;
(B) the 11-mile segment from the northern boundary of Sunriver
at the southwest quarter of section 20, township 19 south, range 11
east, to Lava Island Camp as a scenic river; to be administered by
the Secretary of Agriculture;
(C) the 3-mile segment from Lava Island Camp to the Bend Urban
Growth Boundary at the southwest corner of section 13, township 18
south, range 11 east, as a recreational river; to be administered by
the Secretary of Agriculture;
(D) the 19-mile segment from Oden Falls to the Upper End of Lake
Billy Chinook as a scenic river; to be administered by the Secretary
of the Interior;
(E) the 100-mile segment from the Pelton Reregulating Dam to its
confluence with the Columbia River as a recreational river; to be
administered by the Secretary of the Interior through a cooperative
management agreement between the Confederated Tribes of the Warm
Springs Reservation, and the State of Oregon as provided in section
1281(e) of this title and section 105 of the Omnibus Oregon Wild and
Scenic Rivers Act of 1988.
(74) Donner und Blitzen, Oregon.--Those segments, including its
major tributaries, as a wild river; to be administered by the Secretary
of the Interior as follows:
(A) The 16.75-mile segment of the Donner und Blitzen from its
confluence with the South Fork Blitzen and Little Blitzen.
(B) The 12.5-mile segment of the Little Blitzen from its
headwaters to its confluence with the South Fork Blitzen.
(C) The 16.5-mile segment of the South Fork Blitzen from its
headwaters to its confluence with the South Fork Blitzen.
(D) The 10-mile segment of Big Indian Creek from its headwaters
to its confluence with the South Fork Blitzen.
(E) The 3.7-mile segment of Little Indian Creek from its
headwaters to its confluence with Big Indian Creek.
(F) The 13.25-mile segment of Fish Creek from its headwaters to
its confluence with the Donner und Blitzen.
(G) The 5.1 mile segment of Mud Creek from its confluence with
an unnamed spring in the SW\1/4\SE\1/4\ of section 32, township 33
south, range 33 east, to its confluence with the Donner und Blitzen
River.
(H) The 8.1 mile segment of Ankle Creek from its headwaters to
its confluence with the Donner und Blitzen River.
(I) The 1.6 mile segment of the South Fork of Ankle Creek from
its confluence with an unnamed tributary in the SE\1/4\SE\1/4\ of
section 17, township 34 south, range 33 east, to its confluence with
Ankle Creek.
(75) Eagle Creek, Oregon.--The 27-mile segment from its headwaters
below Eagle Lake to the Wallowa-Whitman National Forest boundary at
Skull Creek; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 4-mile segment from its headwaters below Eagle Lake to
the Eagle Cap Wilderness boundary at Hummingbird Mountain as a wild
river;
(B) the 15.5-mile segment from the Eagle Cap Wilderness boundary
at Hummingbird Mountain to Paddy Creek as a recreational river;
(C) the 6-mile segment from Paddy Creek to Little Eagle Creek as
a scenic river; and
(D) the 1.5-mile segment from Little Eagle Creek to the Wallowa-
Whitman National Forest boundary as a recreational river.
(76) Elk, Oregon.--The 19-mile segment to be administered by the
Secretary of Agriculture in the following classes:
(A) The 17-mile segment from the confluence of the North and
South Forks of the Elk to Anvil Creek as a recreational river; and
(B) the 2-mile segment of the North Fork Elk from the falls to
its confluence with the South Fork as a wild river.
(77) Grande Ronde, Oregon.--The 43.8-mile segment from its
confluence with the Wallowa River to the Oregon-Washington State line in
the following classes:
(A) The 1.5-mile segment from its confluence with the Wallowa
River to the Umatilla National Forest boundary in section 11,
township 3 north, range 40 east, as a recreational river; to be
administered by the Secretary of Agriculture;
(B) the 17.4-mile segment from the Umatilla National Forest
boundary in section 11, township 3 north, range 40 east, to the
Wallowa-Whitman National Forest boundary approximately one-half mile
east of Grossman Creek as a wild river; to be administered by the
Secretary of Agriculture;
(C) the 9-mile segment from the Wallowa-Whitman National Forest
boundary approximately one-half mile east of Grossman Creek to
Wildcat Creek as a wild river; to be administered by the Secretary
of the Interior; and
(D) the 15.9-mile segment from Wildcat Creek to the Oregon-
Washington State line as a recreational river; to be administered by
the Secretary of the Interior.
(78) Imnaha, Oregon.--Those segments, including the South Fork
Imnaha; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 6-mile segment from its confluence with the North and
South Forks of the Imnaha River to Indian Crossing as a wild river;
(B) the 58-mile segment from Indian Crossing to Cow Creek as a
recreational river;
(C) the 4-mile segment from Cow Creek to its mouth as a scenic
river; and
(D) the 9-mile segment of the South Fork Imnaha from its
headwaters to its confluence with the Imnaha River as a wild river.
(79) John Day, Oregon.--The 147.5-mile segment from Service Creek to
Tumwater Falls as a recreational river; to be administered through a
cooperative management agreement between the State of Oregon and the
Secretary of the Interior as provided in section 1281(e) of this title.
(80) Joseph Creek, Oregon.--The 8.6-mile segment from Joseph Creek
Ranch, one mile downstream from Cougar Creek, to the Wallowa-Whitman
National Forest boundary as a wild river; to be administered by the
Secretary of Agriculture.
(81) Little Deschutes, Oregon.--The 12-mile segment from its source
in the northwest quarter of section 15, township 26 south, range 6\1/2\
east to the north section line of section 12, township 26 south, range 7
east as a recreational river; to be administered by the Secretary of
Agriculture.
(82) Lostine, Oregon.--The 16-mile segment from its headwaters to
the Wallowa-Whitman National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 5-mile segment from its headwaters to the Eagle Cap
Wilderness boundary as a wild river; and
(B) the 11-mile segment from the Eagle Cap Wilderness boundary
to the Wallowa-Whitman National Forest boundary at Silver Creek as a
recreational river.
(83) Malheur, Oregon.--The 13.7-mile segment from Bosonberg Creek to
the Malheur National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 7-mile segment from Bosonberg Creek to Malheur Ford as a
scenic river; and
(B) the 6.7-mile segment from Malheur Ford to the Malheur
National Forest boundary as a wild river.
(84) McKenzie, Oregon.--The 12.7-mile segment from Clear Lake to
Scott Creek; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 1.8-mile segment from Clear Lake to the head of maximum
pool at Carmen Reservoir as a recreational river;
(B) the 4.3-mile segment from a point 100 feet downstream from
Carmen Dam to the maximum pool at Trail Bridge Reservoir as a
recreational river; and
(C) the 6.6-mile segment from the developments at the base of
the Trail Bridge Reservoir Dam to Scott Creek as a recreational
river.
(85) Metolius, Oregon.--The 28.6-mile segment from the south
Deschutes National Forest boundary to Lake Billy Chinook in the
following classes:
(A) The 11.5-mile segment from the south Deschutes National
Forest boundary (approximately 2,055.5 feet from Metolius Springs)
to Bridge 99 as a recreational river; to be administered by the
Secretary of Agriculture;
(B) the 17.1-mile segment from Bridge 99 to Lake Billy Chinook
as a scenic river; by \3\ the Secretary of Agriculture, through a
cooperative management agreement between the Secretary of the
Interior and the Confederated Tribes of the Warm Springs
Reservation, as provided in section 1281(e) of this title and
section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of
1988: Provided, That the river and its adjacent land area will be
managed to provide a primitive recreational experience as defined in
the ROS User's Guide.
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\3\ So in original. Probably should be ``to be administered by''.
(86) Minam, Oregon.--The 39-mile segment from its headwaters at the
south end of Minam Lake to the Eagle Cap Wilderness boundary, one-half
mile downstream from Cougar Creek, as a wild river; to be administered
by the Secretary of Agriculture.
(87) North Fork Crooked, Oregon.--The 32.3-mile segment from its
source at Williams Prairie to one mile from its confluence with the
Crooked River in the following classes:
(A) The 3-mile segment from its source at Williams Prairie to
the Upper End of Big Summit Prairie as a recreational river; to be
administered by the Secretary of Agriculture;
(B) the 3.7-mile segment from the Lower End of Big Summit
Prairie to the bridge across from the Deep Creek Campground as a
recreational river; to be administered by the Secretary of
Agriculture;
(C) the 8-mile segment from the bridge across from the Deep
Creek Campground to the Ochoco National Forest boundary, one-half
mile from Lame Dog Creek as a scenic river; to be administered by
the Secretary of Agriculture;
(D) the 1.5-mile segment from the Ochoco National Forest
boundary to Upper Falls as a scenic river; to be administered by the
Secretary of the Interior;
(E) the 11.1-mile segment from Upper Falls to Committee Creek as
a wild river; to be administered by the Secretary of the Interior;
and
(F) the 5-mile segment from Committee Creek to one mile from its
confluence with the Crooked River as a recreational river; to be
administered by the Secretary of the Interior.
(88) North Fork John Day, Oregon.--The 54.1-mile segment from its
headwaters in the North Fork of the John Day Wilderness Area at section
13, township 8 south, range 36 east, to its confluence with Camas Creek
in the following classes:
(A) The 3.5-mile segment from its headwaters in the North Fork
of the John Day Wilderness at section 13, township 8 south, range 36
east, to the North Fork of the John Day Wilderness boundary as a
wild river; to be administered by the Secretary of Agriculture;
(B) the 7.5-mile segment from the North Fork of the John Day
Wilderness boundary to Trail Creek as a recreational river; to be
administered by the Secretary of Agriculture;
(C) the 24.3-mile segment from Trail Creek to Big Creek as a
wild river; to be administered by the Secretary of Agriculture;
(D) the 10.5-mile segment from Big Creek to Texas Bar Creek as a
scenic river; to be administered by the Secretary of Agriculture;
and
(E) the 8.3-mile segment from Texas Bar Creek to its confluence
with Camas Creek as a recreational river; to be administered by the
Secretary of Agriculture.
(89) North Fork Malheur, Oregon.--The 25.5-mile segment from its
headwaters to the Malheur National Forest boundary as a scenic river; to
be administered by the Secretary of Agriculture.
(90) North Fork of the Middle Fork of the Willamette, Oregon.--The
42.3-mile segment from Waldo Lake to the Willamette National Forest
boundary; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 8.8-mile segment from Waldo Lake to the south section
line of section 36, township 19 south, range 5\1/2\ east as a wild
river;
(B) the 6.5-mile segment from the south section line of section
36, township 19 south, range 5\1/2\ east to Fisher Creek as a scenic
river; and
(C) the 27-mile segment from Fisher Creek to the Willamette
National Forest boundary as a recreational river.
(91) North Fork Owyhee, Oregon.--The 8-mile segment from the Oregon-
Idaho State line to its confluence with the Owyhee River as a wild
river; to be administered by the Secretary of the Interior.
(92) North Fork Smith, Oregon.--The 13-mile segment from its
headwaters to the Oregon-California State line; to be administered by
the Secretary of Agriculture in the following classes:
(A) The 6.5-mile segment from its headwaters to Horse Creek as a
wild river;
(B) the 4.5-mile segment from Horse Creek to Baldface Creek as a
scenic river; and
(C) the 2-mile segment from Baldface Creek to the Oregon-
California State line as a wild river.
(93) North Fork Sprague, Oregon.--The 15-mile segment from the head
of River Spring in the southwest quarter of section 15, township 35
south, range 16 east, to the northwest quarter of the southwest quarter
of section 11, township 35 south, range 15 east, as a scenic river; to
be administered by the Secretary of Agriculture.
(94) North Powder, Oregon.--The 6-mile segment from its headwaters
to the Wallowa-Whitman National Forest boundary at River Mile 20 as a
scenic river; to be administered by the Secretary of Agriculture.
(95) North Umpqua, Oregon.--The 33.8-mile segment from the Soda
Springs Powerhouse to Rock Creek in the following classes:
(A) The 25.4-mile segment from the Soda Springs Powerhouse to
the Umpqua National Forest boundary as a recreational river; to be
administered by the Secretary of Agriculture; and
(B) the 8.4-mile segment from the Umpqua National Forest
boundary to its confluence with Rock Creek as a recreational river;
to be administered by the Secretary of the Interior.
(96) Powder, Oregon.--The 11.7-mile segment from Thief Valley Dam to
the Highway 203 bridge as a scenic river; to be administered by the
Secretary of the Interior.
(97) Quartzville Creek, Oregon.--The 12-mile segment from the
Willamette National Forest boundary to slack water in Green Peter
Reservoir as a recreational river; to be administered by the Secretary
of the Interior.
(98) Roaring, Oregon.--The 13.7-mile segment from its headwaters to
its confluence with the Clackamas River; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 13.5-mile segment from its headwaters to one-quarter
mile upstream of the mouth as a wild river; and
(B) the 0.2-mile segment from one-quarter mile upstream of the
mouth to its confluence with the Clackamas River as a recreational
river.
(99) Salmon, Oregon.--The 33.5-mile segment from its headwaters to
its confluence with the Sandy River in the following classes:
(A) The 7-mile segment from its headwaters to the south boundary
line of section 6, township 4 south, range 9 east as a recreational
river; to be administered by the Secretary of Agriculture: Provided,
That designation and classification shall not preclude the Secretary
from exercising discretion to approve the construction, operation,
and maintenance of ski lifts, ski runs, and associated facilities
for the land comprising the Timberline Lodge Winter Sports Area
insofar as such construction does not involve water resources
projects;
(B) the 15-mile segment from the south boundary line at section
6, township 4 south, range 9 east to the junction with the South
Fork of the Salmon River as a wild river; to be administered by the
Secretary of Agriculture;
(C) the 3.5-mile segment from the junction with the south fork
of the Salmon River to the Mt. Hood National Forest boundary as a
recreational river; to be administered by the Secretary of
Agriculture;
(D) the 3.2-mile segment from the Mt. Hood National Forest
boundary to Lymp Creek as a recreational river; to be administered
by the Secretary of the Interior; and
(E) the 4.8-mile segment from Lymp Creek to its confluence with
the Sandy River as a scenic river; to be administered by the
Secretary of the Interior.
(100) Sandy, Oregon.--Those portions as follows:
(A) The 4.5-mile segment from its headwaters to the section line
between sections 15 and 22, township 2 south, range 8 east as a wild
river; to be administered by the Secretary of Agriculture;
(B) the 7.9-mile segment from the section line between sections
15 and 22, township 2 south, range 8 east to the Mt. Hood National
Forest boundary at the west section line of section 26, township 2
south, range 7 east as a recreational river; to be administered by
the Secretary of Agriculture; and
(C) the 12.5-mile segment from the east boundary of sections 25
and 36, township 1 south, range 4 east in Clackamas County near
Dodge Park, downstream to the west line of the east half of the
northeast quarter of section 6, township 1 south, range 4 east, in
Multnomah County at Dabney State Park, the upper 3.8 miles as a
scenic river and the lower 8.7 miles as a recreational river; both
to be administered through a cooperative management agreement
between the State of Oregon, the Secretary of the Interior and the
Counties of Multnomah and Clackamas in accordance with section
1281(e) of this title.
(101) South Fork John Day, Oregon.--The 47-mile segment from the
Malheur National Forest to Smokey Creek as a recreational river; to be
administered by the Secretary of the Interior.
(102) Squaw Creek, Oregon.--The 15.4-mile segment from its source to
the hydrologic Gaging Station 800 feet upstream from the intake of the
McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork,
the South Fork, the East and West Forks of Park Creek, and Park Creek
Fork; to be administered by the Secretary of Agriculture as follows:
(A) The 6.6-mile segment and its tributaries from the source to
the Three Sisters Wilderness boundary as a wild river; and
(B) the 8.8-mile segment from the boundary of the Three Sisters
Wilderness Area to the hydrologic Gaging Station 800 feet upstream
from the intake of the McAllister Ditch as a scenic river: Provided,
That nothing in this chapter shall prohibit the construction of
facilities necessary for emergency protection for the town of
Sisters relative to a rapid discharge of Carver Lake if no other
reasonable flood warning or control alternative exists.
(103) Sycan, Oregon.--The 59-mile segment from the northeast quarter
of section 5, township 34 south, range 17 east to Coyote Bucket at the
Fremont National Forest boundary; to be administered by the Secretary of
Agriculture in the following classes:
(A) The 26.4-mile segment from the northeast quarter of section
5, township 34 south, range 17 east to the west section line of
section 22, township 32 south, range 14\1/2\ east, as a scenic
river;
(B) the 8.6-mile segment from the west section line of section
22, township 32 south, range 14 east, to the Fremont National Forest
boundary in the southeast quarter of section 10, township 33 south,
range 13 east, as a recreational river; and
(C) the 24-mile segment from the Fremont National Forest
boundary in the southwest quarter of section 10, township 33 south,
range 13 east, to Coyote Bucket at the Fremont National Forest
boundary, as a scenic river.
(104) Upper Rogue, Oregon.--The 40.3-mile segment from the Crater
Lake National Park boundary to the Rogue River National Forest boundary;
to be administered by the Secretary of Agriculture in the following
classes:
(A) The 0.5-mile segment from the Crater Lake National Park
boundary to approximately 0.1-mile downstream from the forest road
6530760 (West Lake Road) crossing as a scenic river;
(B) the 6.1-mile segment from approximately 0.1-mile downstream
from the forest road 6530760 (West Lake Road) crossing to Minehaha
Creek as a wild river; and
(C) the 33.7-mile segment from Minehaha Creek to the Rogue River
National Forest boundary as a scenic river.
(105) Wenaha, Oregon.--The 21.55-mile segment from the confluence of
the North Fork and the South Fork to its confluence with the Grande
Ronde River; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 18.7-mile segment from the confluence of the North Fork
and South Fork to the Umatilla National Forest as a wild river;
(B) the 2.7-mile segment from the Umatilla National Forest
boundary to the easternmost boundary of the Wenaha State Wildlife
Area as a scenic area; and
(C) the 0.15-mile segment from the easternmost boundary of the
Wenaha State Wildlife Area to the confluence with the Grande Ronde
River as a recreational river.
(106) West Little Owyhee, Oregon.--The 51-mile segment from its
headwaters to its confluence with Owyhee River as a wild river; to be
administered by the Secretary of the Interior.
(107) White, Oregon.--The 46.5-mile segment from its headwaters to
its confluence with the Deschutes River in the following classes:
(A) The 2-mile segment from its headwaters to the section line
between sections 9 and 16, township 3 south, range 9 east, as a
recreational river; to be administered by the Secretary of
Agriculture: Provided, That designation and classification shall not
preclude the Secretary from exercising discretion to approve
construction, operation, and from exercising discretion to approve
construction, operation, and maintenance of ski lifts, ski runs, and
associated facilities for the land comprising the Mt. Hood Winter
Sports Area insofar as such construction does not involve water
resource projects and is consistent with protecting the values for
which the river was designated.
(B) the 13.6-mile segment from the section line between sections
9 and 16, township 3 south, range 9 east, to Deep Creek as a
recreational river; to be administered by the Secretary of
Agriculture;
(C) the 6.5-mile segment from Deep Creek to the Mt. Hood
National Forest boundary as a scenic river; to be administered by
the Secretary of Agriculture;
(D) the 17.5-mile segment from the Mt. Hood National Forest
boundary to Three Mile Creek as a scenic river; to be administered
by the Secretary of the Interior;
(E) the 5.3-mile segment from Three Mile Creek to River Mile 2.2
as a recreational river; to be administered by the Secretary of the
Interior; and
(F) the 1.6-mile segment from River Mile 1.6 to its confluence
with the Deschutes River as a recreational river; to be administered
by the Secretary of the Interior.
(108) Rio Chama, New Mexico.--The segment extending from El Vado
Ranch launch site (immediately south of El Vado Dam) downstream
approximately 24.6 miles to elevation 6,353 feet above mean sea level;
to be administered by the Secretary of Agriculture and the Secretary of
the Interior. For purposes of compliance with the planning requirements
of subsection (d) of this section, the Cooperative Management Plan for
the river prepared by the Secretary of Agriculture and the Secretary of
the Interior may be revised and amended to the extent necessary to
conform to the provisions of this chapter. The segment of the Rio Chama
beginning at the El Vado Ranch launch site downstream to the beginning
of Forest Service Road 151 shall be administered as a wild river and the
segment downstream from the beginning of Forest Service Road 151 to
elevation 6,353 feet shall be administered as a scenic river.
(109) East Fork of Jemez, New Mexico.--The 11-mile segment from the
Santa Fe National Forest boundary to its confluence with the Rio San
Antonio; to be administered by the Secretary of Agriculture in the
following classifications:
(A) the 2-mile segment from the Santa Fe National Forest
boundary to the second crossing of State Highway 4, near Las Conchas
Trailhead, as a recreational river; and
(B) the 4-mile segment from the second crossing of State Highway
4, near Las Conchas Trailhead, to the third crossing of State
Highway 4, approximately one and one-quarter miles upstream from
Jemez Falls, as a wild river; and
(C) the 5-mile segment from the third crossing of State Highway
4, approximately one and one-quarter miles upstream from Jemez
Falls, to its confluence with the Rio San Antonio, as a scenic
river.
After June 6, 1990, Federal lands within the boundaries of the segments
designated under this paragraph or which constitute the bed or bank or
are situated within one-quarter mile of the ordinary highwater mark on
each side of such segments are withdrawn, subject to valid existing
rights, from all forms of appropriation under the mining laws and from
operation of the mineral leasing laws of the United States, and no
patent may be issued for the surface estate with respect to any mining
claim located on such lands. Nothing in this paragraph shall be
construed as precluding mining operations on any valid existing claim,
subject to applicable regulations under section 1280 of this title.
(110) Pecos River, New Mexico.--The 20.5-mile segment from its
headwaters to the townsite of Tererro; to be administered by the
Secretary of Agriculture in the following classifications:
(A) the 13.5-mile segment from its headwaters to the Pecos
Wilderness boundary, as a wild river; and
(B) the 7-mile segment from the Pecos Wilderness boundary to the
townsite of Tererro, as a recreational river.
After June 6, 1990, Federal lands within the boundaries of the segments
designated under this paragraph or which constitute the bed or bank or
are situated within one-quarter mile of the ordinary highwater mark on
each side of such segments are withdrawn, subject to valid existing
rights, from all forms of appropriation under the mining laws and from
operation of the mineral leasing laws of the United States, and no
patent may be issued for the surface estate with respect to any mining
claim located on such lands. Nothing in this paragraph shall be
construed as precluding mining operations on any valid existing claim,
subject to applicable regulations under section 1280 of this title.
(111) Smith River, California.--The segment from the confluence of
the Middle Fork Smith River and the North Fork Smith River to the Six
Rivers National Forest boundary, including the following segments of the
mainstem and certain tributaries, to be administered by the Secretary of
Agriculture in the following classes:
(A) The segment from the confluence of the Middle Fork Smith
River and the South Fork Smith River to the National Forest
boundary, as a recreational river.
(B) Rowdy Creek from the California-Oregon State line to the
National Forest boundary, as a recreational river.
(112) Middle Fork Smith River, California.--The segment from the
headwaters to its confluence with the North Fork Smith River, including
the following segments of the mainstem and certain tributaries, to be
administered by the Secretary of Agriculture in the following classes:
(A) The segment from its headwaters about 3 miles south of
Sanger Lake, as depicted on the 1956 USGS 15 Preston Peak
topographic map, to the center of section 7, T. 17 N., R. 5 E., as a
wild river.
(B) The segment from the center of section 7, T. 17 N., R. 5 E.,
to the center of section 6, T. 17 N., R. 5 E., as a scenic river.
(C) The segment from the center of section 6, T. 17 N., R. 5 E.,
to one-half mile upstream from its confluence with Knopki Creek, as
a wild river.
(D) The segment from one-half mile upstream of its confluence
with Knopki Creek to its confluence with the South Fork Smith River,
as a recreational river.
(E) Myrtle Creek from its headwaters in section 9, T. 17 N., R.
1 E., as depicted on the 1952 USGS 15 Crescent City topographic
map, to the middle of section 28, T. 17 N., R. 1 E., as a scenic
river.
(F) Myrtle Creek from the middle of section 28, T. 17 N., R. 1
E., to its confluence with the Middle Fork Smith River, as a wild
river.
(G) Shelly Creek from its headwaters in section 1, T. 18 N., R.,
3 E., as depicted on the 1951 USGS 15 Gasquet topographic map, to
its confluence with Patrick Creek, as a recreational river.
(H) Kelly Creek from its headwaters in section 32, T. 17 N., R.
3 E., as depicted on the 1951 USGS 15 Gasquet topographic map, to
its confluence with the Middle Fork Smith River, as a scenic river.
(I) Packsaddle Creek from its headwaters about 0.8 miles
southwest of Broken Rib Mountain, as depicted on the 1956 USGS 15
Preston Peak topographic map, to its confluence with the Middle Fork
Smith River, as a scenic river.
(J) East Fork Patrick Creek from its headwaters in section 10,
T. 18 N., R. 3 E., as depicted on the 1951 USGS 15 Gasquet
topographic map, to its confluence with the West Fork of Patrick
Creek, as a recreational river.
(K) West Fork Patrick Creek from its headwaters in section 18,
T. 18 N., R. 3 E., as depicted on the 1951 \4\ 15 Gasquet
topographic map to its confluence with the East Fork Patrick Creek,
as a recreational river.
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\4\ So in original. Probably should be ``1951 USGS''.
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(L) Little Jones Creek from its headwaters in section 34, T. 17
N., R. 3 E., as depicted on the 1951 USGS 15 Gasquet topographic
map to its confluence with the Middle Fork Smith River, as a
recreational river.
(M) Griffin Creek from its headwaters about 0.2 miles southwest
of Hazel View Summit, as depicted on the 1956 USGS 15 Preston Peak
topographic map, to its confluence with the Middle Fork Smith River,
as a recreational river.
(N) Knopki Creek from its headwaters about 0.4 miles west of
Sanger Peak, as depicted on the 1956 USGS 15 Preston Peak
topographic map, to its confluence with the Middle Fork Smith River,
as a recreational river.
(O) Monkey Creek from its headwaters in the northeast quadrant
of section 12, T. 18 N., R. 3 E., as depicted on the 1951 USGS 15
Gasquet topographic map, to its confluence with the Middle Fork
Smith River, as a recreational river.
(P) Patrick Creek from the junction of East and West Forks of
Patrick Creek to its confluence with Middle Fork Smith River, as a
recreational river.
(Q) Hardscrabble Creek from its headwaters in the northeast
quarter of section 2, T. 17 N., R. 1 E., as depicted on the 1952
USGS 15 Crescent City topographic map, to its confluence with the
Middle Fork Smith River, as a recreational river.
(113) North Fork Smith River, California.--The segment from the
California-Oregon State line to its confluence with the Middle Fork
Smith River, including the following segments of the mainstem and
certain tributaries, to be administered by the Secretary of Agriculture
in the following classes:
(A) The segment from the California-Oregon State line to its
confluence with an unnamed tributary in the northeast quarter of
section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15
Gasquet topographic map, as a wild river.
(B) The segment from its confluence with an unnamed tributary in
the northeast quarter of section 5, T. 18 N., R. 2 E., to its
southern-most intersection with the eastern section line of section
5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15 Gasquet
topographic map, as a scenic river.
(C) The segment from its southern-most intersection with the
eastern section line of section 5, T. 18 N., R. 2 E., as depicted on
the 1951 USGS 15 Gasquet topographic map, to its confluence with
Stony Creek, as a wild river.
(D) The segment from its confluence with Stony Creek to its
confluence with the Middle Fork Smith River, as a recreational
river.
(E) Diamond Creek from California-Oregon State line to its
confluence with Bear Creek, as a recreational river.
(F) Diamond Creek from its confluence with Bear Creek to its
confluence with the North Fork Smith River, as a scenic river.
(G) Bear Creek from its headwaters in section 24, T. 18 N., R. 2
E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with Diamond Creek, as a scenic river.
(H) Still Creek from its headwaters in section 11, T. 18 N., R.
1 E., as depicted on the 1952 USGS 15 Crescent City topographic
map, to its confluence with the North Fork Smith River, as a scenic
river.
(I) North Fork Diamond Creek from the California-Oregon State
line to its confluence with Diamond Creek, as a recreational river.
(J) High Plateau Creek from its headwaters in section 26, T. 18
N., R. 2 E., as depicted on the 1951 USGS 15 Gasquet topographic
map, to its confluence with Diamond Creek, as a scenic river.
(K) Stony Creek from its headwaters in section 25, T. 18 N., R.
2 E., as depicted on the 1951 USGS 15 Gasquet topographic map, to
its confluence with the North Fork Smith River, as a scenic river.
(L) Peridotite Creek from its headwaters in section 34, T. 18
N., R. 2 E., as depicted on the 1951 USGS 15 Gasquet topographic
map, to its confluence with the North Fork Smith River, as a wild
river.
(114) Siskiyou Fork Smith River, California.--The segment from its
headwaters to its confluence with the Middle Fork Smith River, and the
following tributaries, to be administered by the Secretary of
Agriculture in the following classes:
(A) The segment from its headwaters about 0.7 miles southeast of
Broken Rib Mountain, as depicted on the 1956 USGS 15 Preston Peak
Topographic \5\ map, to its confluence with the South Siskiyou Fork
Smith River, as a wild river.
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\5\ So in original. Probably should not be capitalized.
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(B) The segment from its confluence with the South Siskiyou Fork
Smith River to its confluence with the Middle Fork Smith River, as a
recreational river.
(C) South Siskiyou Fork Smith River from its headwaters about
0.6 miles southwest of Buck Lake, as depicted on the 1956 USGS 15
Preston Peak topographic map, to its confluence with the Siskiyou
Fork Smith River, as a wild river.
(115) South Fork Smith River, California.--The segment from its
headwaters to its confluence with the main stem of the Smith River, and
the following tributaries, to be administered by the Secretary of
Agriculture in the following classes:
(A) The segment from its headwaters about 0.5 miles southwest of
Bear Mountain, as depicted on \6\ 1956 USGS 15 Preston Peak
topographic map, to Blackhawk Bar, as a wild river.
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\6\ So in original. Probably should be ``on the''.
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(B) The segment from Blackhawk Bar to its confluence with the
main stem of the Smith River, as a recreational river.
(C) Williams Creek from its headwaters in section 31, T. 14 N.,
R. 4 E., as depicted on the 1952 USGS 15 Ship Mountain topographic
map, to its confluence with Eightmile Creek, as a wild river.
(D) Eightmile Creek from its headwaters in section 29, T. 14 N.,
R. 4 E., as depicted on the 1955 USGS 15 Dillon Mtn. topographic
map, to its confluence with the South Fork Smith River, as a wild
river.
(E) Harrington Creek from its source to its confluence with the
South Fork Smith River, as a wild river.
(F) Prescott Fork of the Smith River from its headwaters about
0.5 miles southeast of Island Lake, as depicted on the 1955 USGS 15
Dillon Mtn. topographic map, to its confluence with the South Fork
Smith River, as a wild river.
(G) Quartz Creek from its headwaters in section 31, T. 16 N., R.
4 E., as depicted on the 1952 15 USGS Ship Mountain topographic
map, to its confluence with the South Fork Smith River, as a
recreational river.
(H) Jones Creek from its headwaters in section 36, T. 16 N., R.
3 E., as depicted on the 1952 USGS 15 Ship Mountain topographic
map, to its confluence with the South Fork Smith River, as a
recreational river.
(I) Hurdygurdy Creek from its headwaters about 0.4 miles
southwest of Bear Basin Butte as depicted on the 1956 USGS 15
Preston Peak topographic map, to its confluence with the South Fork
Smith River, as a recreational river.
(J) Gordon Creek from its headwaters in section 18, T. 16 N., R.
3 E., as depicted on the 1951 USGS 15 Gasquet topographic map, to
its confluence with the South Fork Smith River, as a recreational
river.
(K) Coon Creek from the junction of its two headwaters
tributaries in the southeast quadrant of section 31, T. 17 N., R. 3
E., as depicted on the 1951 USGS 15 Gasquet topographic map, to its
confluence with the South Fork Smith River, as a recreational river.
(L) Craigs Creek from its headwaters in section 36, T. 17 N., R.
2 E., as depicted on the 1951 USGS 15 Gasquet topographic map, to
its confluence with the South Fork Smith River, as a recreational
river.
(M) Goose Creek from its headwaters in section 13, T. 13 N., R.
2 E., as depicted on the 1952 USGS 15 Ship Mountain topographic
map, to its confluence with the South Fork Smith River, as a
recreational river.
(N) East Fork Goose Creek from its headwaters in section 18, T.
13 N., R. 3 E., as depicted on the 1952 USGS 15 Ship Mountain
topographic map, to its confluence with Goose Creek, as a
recreational river.
(O) Buck Creek from its headwaters at Cedar Camp Spring, as
depicted on the 1952 USGS 15 Ship Mountain topographic map, to the
northeast corner of section 8, T. 14 N., R. 3 E., as a scenic river.
(P) Buck Creek from the northeast corner of section 8, T. 14 N.,
R. 3 E., to its confluence with the South Fork Smith River, as a
wild river.
(Q) Muzzleloader Creek from its headwaters in section 2, T. 15
N., R. 3 E., as depicted on the 1952 USGS 15 Ship Mountain
topographic map, to its confluence with Jones Creek, as a
recreational river.
(R) Canthook Creek from its headwaters in section 2, T. 15 N.,
R. 2 E., as depicted in \7\ the 1952 USGS 15 Ship Mountain
topographic map, to its confluence with the South Fork Smith River,
as a recreational river.
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\7\ So in original. Probably should be ``on''.
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(S) Rock Creek from the national forest boundary in section 6,
T. 15 N., R. 2 E., as depicted on the 1952 USGS 15 Ship Mountain
topographic map, to its confluence with the South Fork Smith River,
as a recreational river.
(T) Blackhawk Creek from its headwaters in section 21, T. 15 N.,
R. 2 E., as depicted on the 1952 USGS 15 Ship Mountain topographic
map, to its confluence with the South Fork Smith River, as a
recreational river.
(116) Clarks Fork, Wyoming.--(A) The twenty and five-tenths-mile
segment from the west boundary of section 3, township 56 north, range
106 west at the Crandall Creek Bridge downstream to the north boundary
of section 13, township 56 north, range 104 west at Clarks Fork Canyon;
to be administered by the Secretary of Agriculture as a wild river.
Notwithstanding subsection (b) of this section, the boundary of the
segment shall include all land within four hundred and forty yards from
the ordinary high water mark on both sides of the river. No land or
interest in land may be acquired with respect to the segment without the
consent of the owner thereof. For the purposes of carrying out this
paragraph, there is authorized to be appropriated $500,000 for
development and $750,000 for the acquisition of land and interests
therein.
(B) Designation of a segment of the Clarks Fork by this paragraph as
a component of the Wild and Scenic Rivers System shall not be utilized
in any Federal proceeding, whether concerning a license, permit, right-
of-way, or any other Federal action, as a reason or basis to prohibit
the development or operation of any water impoundment, diversion
facility, or hydroelectric power and transmission facility located
entirely downstream from the segment of the river designated by this
paragraph: Provided, That water from any development shall not intrude
upon such segment. Congress finds that development of water
impoundments, diversion facilities, and hydroelectric power and
transmission facilities located entirely downstream from the segment of
the river is not incompatible with its designation as a component of the
Wild and Scenic Rivers System.
(C) The Secretary of Agriculture is directed to apply for the
quantification of the water right reserved by the inclusion of a portion
of the Clarks Fork in the Wild and Scenic Rivers System in accordance
with the procedural requirements of the laws of the State of Wyoming:
Provided, That, notwithstanding any provision of the laws of the State
of Wyoming otherwise applicable to the granting and exercise of water
rights, the purposes for which the Clarks Fork is designated, as set
forth in this chapter and this paragraph, are declared to be beneficial
uses and the priority date of such right shall be November 28, 1990.
(D) The comprehensive management plan developed under subsection (d)
of this section for the segment designated by this paragraph shall
provide for all such measures as may be necessary in the control of
fire, insects, and diseases to fully protect the values for which the
segment is designated as a wild river.
(117) Niobrara, Nebraska.--(A) The 40-mile segment from Borman
Bridge southeast of Valentine downstream to its confluence with Chimney
Creek and the 30-mile segment from the river's confluence with Rock
Creek downstream to the State Highway 137 bridge, both segments to be
classified as scenic and administered by the Secretary of the Interior.
That portion of the 40-mile segment designated by this subparagraph
located within the Fort Niobrara National Wildlife Refuge shall continue
to be managed by the Secretary through the Director of the United States
Fish and Wildlife Service.
(B) The 25-mile segment from the western boundary of Knox County to
its confluence with the Missouri River, including that segment of the
Verdigre Creek from the north municipal boundary of Verdigre, Nebraska,
to its confluence with the Niobrara, to be administered by the Secretary
of the Interior as a recreational river.
After consultation with State and local governments and the
interested public, the Secretary shall take such action as is required
under subsection (b) of this section.
(118) Missouri River, Nebraska and South Dakota.--The 39-mile
segment from the headwaters of Lewis and Clark Lake to the Ft. Randall
Dam, to be administered by the Secretary of the Interior as a
recreational river.
(119) Bear Creek, Michigan.--The 6.5-mile segment from Coates
Highway to the Manistee River, to be administered by the Secretary of
Agriculture as a scenic river.
(120) Black, Michigan.--The 14-mile segment from the Ottawa National
Forest boundary to Lake Superior, to be administered by the Secretary of
Agriculture as a scenic river.
(121) Carp, Michigan.--The 27.8-mile segment from the west section
line of section 30, township 43 north, range 5 west, to Lake Huron, to
be administered by the Secretary of Agriculture in the following
classes:
(A) The 2.3-mile segment from the west section line of section
30, township 43 north, range 5 west, to Forest Development Road 3458
in section 32, township 43 north, range 5 west, as a scenic river.
(B) The 6.5-mile segment from the Forest Development Road 3458
in section 32, township 43 north, range 5 west, to Michigan State
Highway 123, as a scenic river.
(C) The 7.5-mile segment from Michigan State Highway 123 to one
quarter of a mile upstream from Forest Development Road 3119, as a
wild river.
(D) The 0.5-mile segment from one quarter of a mile upstream of
Forest Development Road 3119 to one quarter mile downstream of
Forest Development Road 3119, as a scenic river.
(E) The 4.9-mile segment from one quarter of a mile downstream
of Forest Development Road 3119 to McDonald Rapids, as a wild river.
(F) The 6.1-mile segment from McDonald Rapids to Lake Huron, as
a recreational river.
(122) Indian, Michigan.--The 51-mile segment from Hovey Lake to
Indian Lake to be administered by the Secretary of Agriculture in the
following classes:
(A) The 12-mile segment from Hovey Lake to Fish Lake, as a
scenic river.
(B) The 39-mile segment from Fish Lake to Indian Lake, as a
recreational river.
(123) Manistee, Michigan.--The 26-mile segment from the Michigan DNR
boat ramp below Tippy Dam to the Michigan State Highway 55 bridge, to be
administered by the Secretary of Agriculture as a recreational river.
(124) Ontonagon, Michigan.--Segments of certain tributaries,
totaling 157.4 miles, to be administered by the Secretary of Agriculture
as follows:
(A) The 46-mile segment of the East Branch Ontonagon from its
origin at Spring Lake to the Ottawa National Forest boundary in the
following classes:
(i) The 20.5-mile segment from its origin at Spring Lake to
its confluence with an unnamed stream in section 30, township 48
north, range 37 west, as a recreational river.
(ii) The 25.5-mile segment from its confluence with an
unnamed stream in section 30, township 48 north, range 37 west,
to the Ottawa National Forest boundary, as a wild river.
(B) The 59.4-mile segment of the Middle Branch Ontonagon, from
its origin at Crooked Lake to the northern boundary of the Ottawa
National Forest in the following classes:
(i) The 20-mile segment from its origin at Crooked Lake to
Burned Dam, as a recreational river.
(ii) The 8-mile segment from Burned Dam to Bond Falls
Flowage, as a scenic river.
(iii) The 8-mile segment from Bond Falls to Agate Falls, as
a recreational river.
(iv) The 6-mile segment from Agate Falls to Trout Creek, as
a scenic river.
(v) The 17.4-mile segment from Trout Creek to the northern
boundary of the Ottawa National Forest, as a wild river.
(C) The 37-mile segment of the Cisco Branch Ontonagon from its
origin at Cisco Lake Dam to its confluence with Ten-Mile Creek south
of Ewen in the following classes:
(i) The 10-mile segment from the origin of Cisco Branch
Ontonagon at Cisco Lake Dam to the County Road 527 crossing, as
a recreational river.
(ii) The 27-mile segment from the Forest Development Road
527 crossing to the confluence of the Cisco Branch and Ten-Mile
Creek, as a scenic river.
(D) The 15-mile segment of the West Branch Ontonagon from its
confluence with Cascade Falls to Victoria Reservoir, in the
following classes:
(i) The 10.5-mile segment from its confluence with Cascade
Falls to its confluence with the South Branch Ontonagon, as a
recreational river.
(ii) The 4.5-mile segment from its confluence with the South
Branch Ontonagon to Victoria Reservoir, as a recreational river.
Nothwithstanding \8\ any limitation contained in this chapter, the
Secretary is authorized to acquire lands and interests in lands which,
as of August 1, 1990, were owned by Upper Peninsula Energy Corporation,
and notwithstanding any such limitation, such lands shall be retained
and managed by the Secretary as part of the Ottawa National Forest, and
those lands so acquired which are within the boundaries of any segment
designated under this paragraph shall be retained and managed pursuant
to this chapter.
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\8\ So in original. Probably should be ``Notwithstanding''.
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(125) Paint, Michigan.--Segments of the mainstream and certain
tributaries, totaling 51 miles, to be administered by the Secretary of
Agriculture as follows:
(A) The 6-mile segment of the main stem from the confluence of
the North and South Branches Paint to the Ottawa National Forest
boundary, as a recreational river.
(B) The 17-mile segment of the North Branch Paint from its
origin at Mallard Lake to its confluence with the South Branch
Paint, as a recreational river.
(C) The 28-mile segment of the South Branch Paint from its
origin at Paint River Springs to its confluence with the North
Branch Paint, as a recreational river.
(126) Pine, Michigan.--The 25-mile segment from Lincoln Bridge to
the east 1/16th line of section 16, township 21 north, range 13 west, to
be administered by the Secretary of Agriculture as a scenic river.
(127) Presque Isle, Michigan.--Segments of the mainstream and
certain tributaries, totaling 57 miles, to be administered by the
Secretary of Agriculture as follows:
(A) The 23-mile segment of the mainstream, from the confluence
of the East and West Branches of Presque Isle to Minnewawa Falls, to
be classified as follows:
(i) The 17-mile segment from the confluence of the East and
West Branches Presque Isle to Michigan State Highway 28, as a
recreational river.
(ii) The 6-mile segment from Michigan State Highway 28 to
Minnewawa Falls, as a scenic river.
(B) The 14-mile segment of the East Branch Presque Isle within
the Ottawa National Forest, as a recreational river.
(C) The 7-mile segment of the South Branch Presque Isle within
the Ottawa National Forest, as a recreational river.
(D) The 13-mile segment of the West Branch Presque Isle within
the Ottawa National Forest, as a scenic river.
(128) Sturgeon, Hiawatha National Forest, Michigan.--The 43.9-mile
segment from the north line of section 26, township 43 north, range 19
west, to Lake Michigan, to be administered by the Secretary of
Agriculture in the following classes:
(A) The 21.7-mile segment from the north line of section 26,
township 43 north, range 19 west, to Forest Highway 13 as a scenic
river.
(B) The 22.2-mile segment from Forest Highway 13 to Lake
Michigan as a recreational river.
(129) Sturgeon, Ottawa National Forest, Michigan.--The 25-mile
segment from its entry into the Ottawa National Forest to the northern
boundary of the Ottawa National Forest, to be administered by the
Secretary of Agriculture in the following classes:
(A) The 16.5-mile segment from its entry into the Ottawa
National Forest to Prickett Lake, as a wild river.
(B) The 8.5-mile segment from the outlet of Prickett Lake Dam to
the northern boundary of the Ottawa National Forest, as a scenic
river.
(130) East Branch of the Tahquamenon, Michigan.--The 13.2-mile
segment from its origin in section 8, township 45 north, range 5 west,
to the Hiawatha National Forest boundary, to be administered by the
Secretary of Agriculture in the following classes:
(A) The 10-mile segment from its origin in section 8, township
45 north, range 5 west, to the center of section 20, township 46
north, range 6 west, as a recreational river.
(B) The 3.2-mile segment from the center of section 20, township
46 north, range 6 west, to the boundary of the Hiawatha National
Forest, as a wild river.
(131) Whitefish, Michigan.--Segments of the mainstream and certain
tributaries, totaling 33.6 miles, to be administered by the Secretary of
Agriculture as follows:
(A) The 11.1-mile segment of the mainstream from its confluence
with the East and West Branches of the Whitefish to Lake Michigan in
the following classes:
(i) The 9-mile segment from its confluence with the East and
West Branches of the Whitefish to the center of section 16,
township 41 north, range 21 west, as a scenic river.
(ii) The 2.1-mile segment from the center of section 16,
township 41 north, range 21 west, to Lake Michigan, as a
recreational river.
(B) The 15-mile segment of the East Branch Whitefish from the
crossing of County Road 003 in section 6, township 44 north, range
20 west, to its confluence with the West Branch Whitefish, as a
scenic river.
(C) The 7.5-mile segment of the West Branch Whitefish from
County Road 444 to its confluence with the East Branch Whitefish, as
a scenic river.
(132) Yellow Dog, Michigan.--The 4-mile segment from its origin at
the outlet of Bulldog Lake Dam to the boundary of the Ottawa National
Forest, to be administered by the Secretary of Agriculture as a wild
river.
(133) Allegheny, Pennsylvania.--The segment from Kinzua Dam
downstream approximately 7 miles to the United States Route 6 Bridge,
and the segment from Buckaloons Recreation Area at Irvine, Pennsylvania,
downstream approximately 47 miles to the southern end of Alcorn Island
at Oil City, to be administered by the Secretary of Agriculture as a
recreational river through a cooperative agreement with the Commonwealth
of Pennsylvania and the counties of Warren, Forest, and Venango, as
provided under section 1281(e) of this title; and the segment from the
sewage treatment plant at Franklin downstream approximately 31 miles to
the refinery at Emlenton, Pennsylvania, to be administered by the
Secretary of Agriculture as a recreational river through a cooperative
agreement with the Commonwealth of Pennsylvania and Venango County, as
provided under section 1281(e) of this title.
(134) Big Piney Creek, Arkansas.--The 45.2-mile segment from its
origin in section 27, township 13 north, range 23 west, to the Ozark
National Forest boundary, to be administered by the Secretary of
Agriculture as a scenic river.
(135) Buffalo River, Arkansas.--The 15.8-mile segment from its
origin in section 22, township 14 north, range 24 west, to the Ozark
National Forest boundary, to be administered by the Secretary of
Agriculture in the following classes:
(A) The 6.4-mile segment from its origin in section 22, township
14 north, range 24 west, to the western boundary of the Upper
Buffalo Wilderness, as a scenic river.
(B) The 9.4-mile segment from the western boundary of the Upper
Buffalo Wilderness to the Ozark National Forest boundary, as a wild
river.
(136) Cossatot River, Arkansas.--Segments of the main stem and
certain tributaries, totaling 20.1 miles, to be administered as follows:
(A) The 4.2-mile segment of the main stem from its confluence
with Mine Creek to the Caney Creek Wilderness Boundary on the north
section line of section 13, township 4 south, range 30 west, to be
administered by the Secretary of Agriculture as a recreational
river.
(B) The 6.9-mile segment of the main stem from the Caney Creek
Wilderness Boundary on the north section line of section 13,
township 4 south, range 30 west, to the south section line of
section 20, township 4 south, range 30 west, to be administered by
the Secretary of Agriculture as a scenic river.
(C) The 4.4-mile segment of the Brushy Creek tributary from the
north line of the south \1/2\ of the southeast \1/4\ of section 7,
township 4 south, range 30 west, to the south section line of
section 20, township 4 south, range 30 west, to be administered by
the Secretary of Agriculture as a scenic river.
(D) The 4.6-mile segment of the main stem from the State Highway
4 bridge to Duchett's Ford, to be administered by the Secretary of
the Army as a scenic river consistent with the operation of Gillham
Dam (as authorized by section 203 of the Flood Control Act of 1958
(Public Law 85-500)). For purposes of management of such segment,
the Secretary of the Army may enter into a cooperative agreement or
memorandum of understanding or other appropriate arrangement with
the Secretary of Agriculture or an appropriate official of the State
of Arkansas.
(137) Hurricane Creek, Arkansas.--The 15.5-mile segment from its
origin in section 1, township 13 north, range 21 west, to its confluence
with Big Piney Creek, to be administered by the Secretary of Agriculture
in the following classes:
(A) The 11.8-mile segment from its origin in section 1, township
13 north, range 21 west, to the western boundary of the private land
bordering Hurricane Creek Wilderness, as a scenic river.
(B) The 2.4-mile segment from the western boundary of the
private land bordering the Hurricane Creek Wilderness to the
Hurricane Creek Wilderness boundary, as a wild river.
(C) The 1.3-mile segment from the Hurricane Creek Wilderness
boundary to its confluence with Big Piney Creek, as a scenic river.
(138) Little Missouri River, Arkansas.--Segments totaling 15.7
miles, to be administered by the Secretary of Agriculture in the
following classes:
(A) The 11.3-mile segment from its origin in the northwest \1/4\
of section 32, township 3 south, range 28 west, to the west section
line of section 22, township 4 south, range 27 west, as a scenic
river.
(B) The 4.4-mile segment from the north line of the southeast
\1/4\ of the southeast \1/4\ of section 28, township 4 south, range
27 west, to the north line of the northwest \1/4\ of the southwest
\1/4\ of section 5, township 5 south, range 27 west, as a wild
river.
(139) Mulberry River, Arkansas.--The 56.0-mile segment from its
origin in section 32, township 13 north, range 23 west, to the Ozark
National Forest boundary, to be administered by the Secretary of
Agriculture in the following classes:
(A) The 36.6-mile segment from its origin in section 32,
township 13 north, range 23 west, to Big Eddy Hollow in section 3,
township 11 north, range 27 west, as a recreational river.
(B) The 19.4-mile segment from Big Eddy Hollow in section 3,
township 11 north, range 27 west, to the Ozark National Forest
boundary, as a scenic river.
(140) North Sylamore Creek, Arkansas.--The 14.5-mile segment from
the Clifty Canyon Botanical Area boundary to its confluence with the
White River, to be administered by the Secretary of Agriculture as a
scenic river.
(141) Richland Creek, Arkansas.--The 16.5-mile segment from its
origin in section 35, township 13 north, range 20 west, to the northern
boundary of section 32, township 14 north, range 18 west, to be
administered by the Secretary of Agriculture in the following classes:
(A) The 7.8-mile segment from its origin in section 35, township
13 north, range 20 west, to the western boundary of the Richland
Creek Wilderness, as a scenic river.
(B) The 5.3-mile segment from the western boundary of the
Richland Creek Wilderness to the eastern boundary of the Richland
Creek Wilderness, as a wild river.
(C) The 3.4-mile segment from the eastern boundary of the
Richland Creek Wilderness to the northern boundary of section 32,
township 14 north, range 18 west, as a scenic river.
(142) Sespe Creek, California.--The 4-mile segment of the main stem
of the creek from its confluence with Rock Creek and Howard Creek
downstream to its confluence with Trout Creek, to be administered by the
Secretary of Agriculture as a scenic river; and the 27.5-mile segment of
the main stem of the creek extending from its confluence with Trout
Creek downstream to where it leaves section 26, township 5 north, range
20 west, to be administered by the Secretary of Agriculture as a wild
river.
(143) Sisquoc River, California.--The 33-mile segment of the main
stem of the river extending from its origin downstream to the Los Padres
Forest boundary, to be administered by the Secretary of Agriculture as a
wild river.
(144) Big Sur River, California.--The main stems of the South Fork
and North Fork of the Big Sur River from their headwaters to their
confluence and the main stem of the river from the confluence of the
South and North Forks downstream to the boundary of the Ventana
Wilderness in Los Padres National Forest, for a total distance of
approximately 19.5 miles, to be administered by the Secretary of
Agriculture as a wild river.
(145) Great Egg Harbor, New Jersey.--39.5 miles of the main stem to
be administered by the Secretary of the Interior in the following
classifications:
(A) from the mouth of the Patcong Creek to the mouth of Perch
Cove Run, approximately 10 miles, as a scenic river;
(B) from Perch Cove Run to the Mill Street Bridge, approximately
5.5 miles, as a recreational river;
(C) from Lake Lenape to the Atlantic City Expressway,
approximately 21 miles, as a recreational river; and
(D) from Williamstown-New Freedom Road to the Pennsylvania
Railroad right-of-way, approximately 3 miles, as a recreational
river, and
89.5 miles of the following tributaries to be administered by the
Secretary of the Interior in the following classifications:
(E) Squankum Branch from its confluence with Great Egg Harbor
River to Malaga Road, approximately 4.5 miles, as a recreational
river;
(F) Big Bridge Branch, from its confluence with Great Egg Harbor
River to headwaters, approximately 2.2 miles, as a recreational
river;
(G) Penny Pot Stream Branch, from its confluence with Great Egg
Harbor River to 14th Street, approximately 4.1 miles, as a
recreational river;
(H) Deep Run, from its confluence with Great Egg Harbor River to
Pancoast Mill Road, approximately 5.4 miles, as a recreational
river;
(I) Mare Run, from its confluence with Great Egg Harbor River to
Weymouth Avenue, approximately 3 miles, as a recreational river;
(J) Babcock Creek, from its confluence with Great Egg Harbor
River to headwaters, approximately 7.5 miles, as a recreational
river;
(K) Gravelly Run, from its confluence with Great Egg Harbor
River to Pennsylvania Railroad Right-of-Way,\9\ approximately 2.7
miles, as a recreational river;
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\9\ So in original. Probably should not be capitalized.
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(L) Miry Run, from its confluence with Great Egg Harbor River to
Asbury Road, approximately 1.7 miles, as a recreational river;
(M) South River, from its confluence with Great Egg Harbor River
to Main Avenue, approximately 13.5 miles, as a recreational river;
(N) Stephen Creek, from its confluence with Great Egg Harbor
River to New Jersey Route 50, approximately 2.3 miles, as a
recreational river;
(O) Gibson Creek, from its confluence with Great Egg Harbor
River to First Avenue, approximately 5.6 miles, as a recreational
river;
(P) English Creek, from its confluence with Great Egg Harbor
River to Zion Road, approximately 3.5 miles, as a recreational
river;
(Q) Lakes Creek, from its confluence with Great Egg Harbor River
to the dam, approximately 2.2 miles, as a recreational river;
(R) Middle River, from its confluence with Great Egg Harbor
River to the levee, approximately 5.6 miles, as a scenic river;
(S) Patcong Creek, from its confluence with Great Egg Harbor
River to Garden State Parkway, approximately 2.8 miles, as a
recreational river;
(T) Tuckahoe River (lower segment) from its confluence with
Great Egg Harbor River to the Route 50 bridge,\10\ approximately 9
miles, as a scenic river;
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\10\ So in original. Probably should be capitalized.
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(U) Tuckahoe River, from the Route 50 Bridge to Route 49 Bridge,
approximately 7.3 miles, as a recreational river; and
(V) Cedar Swamp Creek, from its confluence with Tuckahoe River
to headwaters, approximately 6 miles, as a scenic river.
(146) The Maurice River, Middle Segment.--From Route 670 Bridge at
Mauricetown to 3.6 miles upstream (at drainage ditch just upstream of
Fralinger Farm), approximately 3.8 miles to be administered by the
Secretary of the Interior as a scenic river.
(147) The Maurice River, Middle Segment.--From the drainage ditch
just upstream of Fralinger Farm to one-half mile upstream from the
United States Geological Survey Station at Burcham Farm, approximately
3.1 miles, to be administered by the Secretary of the Interior as a
recreational river.
(148) The Maurice River, Upper Segment.--From one-half mile upstream
from the United States Geological Survey Station at Burcham Farm to the
south side of the Millville sewage treatment plant, approximately 3.6
miles, to be administered by the Secretary of the Interior as a scenic
river.
(149) The Menantico Creek, Lower Segment.--From its confluence with
the Maurice River to the Route 55 Bridge, approximately 1.4 miles, to be
administered by the Secretary of the Interior as a recreational river.
(150) The Menantico Creek, Upper Segment.--From the Route 55 Bridge
to the base of the impoundment at Menantico Lake, approximately 6.5
miles, to be administered by the Secretary of the Interior as a scenic
river.
(151) Manumuskin River, Lower Segment.--From its confluence with the
Maurice River to a point 2.0 miles upstream, to be administered by the
Secretary of the Interior as a recreational river.
(152) Manumuskin River, Upper Segment.--From a point 2.0 miles
upstream from its confluence with the Maurice River to its headwaters
near Route 557, approximately 12.3 miles, to be administered by the
Secretary of the Interior as a scenic river.
(153) Muskee Creek, New Jersey.--From its confluence with the
Maurice River to the Pennsylvania Seashore Line Railroad Bridge,
approximately 2.7 miles, to be administered by the Secretary of the
Interior as a scenic river.
(154)(A) Red River, Kentucky.--The 19.4-mile segment of the Red
River extending from the Highway 746 Bridge to the School House Branch,
to be administered by the Secretary of Agriculture in the following
classes:
(i) The 9.1-mile segment known as the ``Upper Gorge'' from the
Highway 746 Bridge to Swift Camp Creek, as a wild river. This
segment is identified as having the same boundary as the Kentucky
Wild River.
(ii) The 10.3-mile segment known as the ``Lower Gorge'' from
Swift Camp Creek to the School House Branch, as a recreational
river.
(B) There are authorized to be appropriated such sums as are
necessary to carry out this paragraph.
(155) Rio Grande, New Mexico.--The main stem from the southern
boundary of the segment of the Rio Grande designated pursuant to
paragraph (4), downstream approximately 12 miles to the west section
line of Section 15, Township 23 North, Range 10 East, to be administered
by the Secretary of the Interior as a scenic river.
(156) Farmington River, Connecticut.--The 14-mile segment of the
West Branch and mainstem extending from immediately below the Goodwin
Dam and Hydroelectric Project in Hartland, Connecticut, to the
downstream end of the New Hartford-Canton, Connecticut, town line
(hereinafter in this paragraph referred to as the ``segment''), as a
recreational river, to be administered by the Secretary of the Interior
through cooperative agreements between the Secretary of the Interior and
the State of Connecticut and its relevant political subdivisions, namely
the Towns of Colebrook, Hartland, Barkhamsted, New Hartford, and Canton
and the Hartford Metropolitan District Commission, pursuant to section
1281(e) of this title. The segment shall be managed in accordance with
the Upper Farmington River Management Plan, dated April 29, 1993, and
such amendments thereto as the Secretary of the Interior determines are
consistent with this chapter. Such plan shall be deemed to satisfy the
requirement for a comprehensive management plan pursuant to subsection
(d) of this section.
(157) Clarion river, pennsylvania.--The 51.7-mile segment of the
main stem of the Clarion River from the Allegheny National Forest/State
Game Lands Number 44 boundary, located approximately 0.7 miles
downstream from the Ridgway Borough limit, to an unnamed tributary in
the backwaters of Piney Dam approximately 0.6 miles downstream from
Blyson Run, to be administered by the Secretary of Agriculture in the
following classifications:
(A) The approximately 8.6-mile segment of the main stem from the
Allegheny National Forest/State Game Lands Number 44 boundary,
located approximately 0.7 miles downstream from the Ridgway Borough
limit, to Portland Mills, as a recreational river.
(B) The approximately 8-mile segment of the main stem from
Portland Mills to the Allegheny National Forest boundary, located
approximately 0.8 miles downstream from Irwin Run, as a scenic
river.
(C) The approximately 26-mile segment of the main stem from the
Allegheny National Forest boundary, located approximately 0.8 miles
downstream from Irwin Run, to the State Game Lands 283 boundary,
located approximately 0.9 miles downstream from the Cooksburg
bridge, as a recreational river.
(D) The approximately 9.1-mile segment of the main stem from the
State Game Lands 283 boundary, located approximately 0.9 miles
downstream from the Cooksburg bridge, to an unnamed tributary at the
backwaters of Piney Dam, located approximately 0.6 miles downstream
from Blyson Run, as a scenic river.
(158) Lamprey River, New Hampshire.--The 23.5-mile segment extending
from the Bunker Pond Dam in Epping to the confluence with the Piscassic
River in the vicinity of the Durham-Newmarket town line (hereinafter in
this paragraph referred to as the ``segment'') as a recreational river.
The segment shall be administered by the Secretary of the Interior
through cooperative agreements between the Secretary and the State of
New Hampshire and its relevant political subdivisions, namely the towns
of Epping, Durham, Lee, and Newmarket, pursuant to section 1281(e) of
this title. The segment shall be managed in accordance with the Lamprey
River Management Plan dated January 10, 1995, and such amendments
thereto as the Secretary of the Interior determines are consistent with
this chapter. Such plan shall be deemed to satisfy the requirements for
a comprehensive management plan pursuant to subsection (d) of this
section.
(159)(A) Elkhorn Creek.--The 6.4-mile segment traversing federally
administered lands from that point along the Willamette National Forest
boundary on the common section line between Sections 12 and 13, Township
9 South, Range 4 East, Willamette Meridian, to that point where the
segment leaves Federal ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3 East, Willamette
Meridian, in the following classes:
(i) a 5.8-mile wild river area, extending from that point along
the Willamette National Forest boundary on the common section line
between Sections 12 and 13, Township 9 South, Range 4 East,
Willamette Meridian, to its confluence with Buck Creek in Section 1,
Township 9 South, Range 3 East, Willamette Meridian, to be
administered as agreed on by the Secretaries of Agriculture and the
Interior, or as directed by the President; and
(ii) a 0.6-mile scenic river area, extending from the confluence
with Buck Creek in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to that point where the segment leaves Federal
ownership along the Bureau of Land Management boundary in Section 1,
Township 9 South, Range 3 East, Willamette Meridian, to be
administered by the Secretary of Interior, or as directed by the
President.
(B) Notwithstanding subsection (b) of this section, the lateral
boundaries of both the wild river area and the scenic river area along
Elkhorn Creek shall include an average of not more than 640 acres per
mile measured from the ordinary high water mark on both sides of the
river.
(160) Sudbury, Assabet, and Concord Rivers, Massachusetts.--(A) The
29 miles of river segments in Massachusetts, as follows:
(i) The 14.9-mile segment of the Sudbury River beginning at the
Danforth Street Bridge in the town of Framingham, downstream to the
Route 2 Bridge in Concord, as a scenic river.
(ii) The 1.7-mile segment of the Sudbury River from the Route 2
Bridge downstream to its confluence with the Assabet River at Egg
Rock, as a recreational river.
(iii) The 4.4-mile segment of the Assabet River beginning 1,000
feet downstream from the Damon Mill Dam in the town of Concord, to
its confluence with the Sudbury River at Egg Rock in Concord; \11\
as a recreational river.
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\11\ So in original. The semicolon probably should be a comma.
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(iv) The 8-mile segment of the Concord River from Egg Rock at
the confluence of the Sudbury and Assabet Rivers downstream to the
Route 3 Bridge in the town of Billerica, as a recreational river.
(B) The segments referred to in subparagraph (A) shall be
administered by the Secretary of the Interior in cooperation with the
SUASCO River Stewardship Council provided for in the plan referred to in
subparagraph (C) through cooperative agreements under section 1281(e) of
this title between the Secretary and the Commonwealth of Massachusetts
and its relevant political subdivisions (including the towns of
Framingham, Wayland, Sudbury, Lincoln, Concord, Carlisle, Bedford, and
Billerica).
(C) The segments referred to in subparagraph (A) shall be managed in
accordance with the plan entitled ``Sudbury, Assabet and Concord Wild
and Scenic River Study, River Conservation Plan'', dated March 16, 1995.
The plan is deemed to satisfy the requirement for a comprehensive
management plan under subsection (d) of this section.
(161) \12\ Wilson Creek, North Carolina.--(A) The 23.3 mile segment
of Wilson Creek in the State of North Carolina from its headwaters to
its confluence with Johns River, to be administered by the Secretary of
Agriculture in the following classifications:
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\12\ So in original. Additional pars. (161) are set out after this
par. and after the unnumbered par. following par. (162).
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(i) The 2.9 mile segment from its headwaters below Calloway Peak
downstream to the confluence of Little Wilson Creek, as a scenic
river.
(ii) The 4.6 segment from Little Wilson Creek downstream to the
confluence of Crusher Branch, as a wild river.
(iii) The 15.8 segment from Crusher Branch downstream to the
confluence of Johns River, as a recreational river.
(B) The Forest Service or any other agency of the Federal Government
may not undertake condemnation proceedings for the purpose of acquiring
public right-of-way or access to Wilson Creek against the private
property of T. Henry Wilson, Jr., or his heirs or assigns, located in
Avery County, North Carolina (within the area 36, 4 min., 21 sec. North
81, 47 min., 37 West and 36, 3 min., 13 sec. North and 81 45 min. 55
sec. West), in the area of Wilson Creek designated as a wild river.
(161) \13\ Wekiva River, Wekiwa Springs Run, Rock Springs Run, and
Black Water Creek, Florida.--The 41.6-mile segments referred to in this
paragraph, to be administered by the Secretary of the Interior:
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\13\ So in original. Additional pars. (161) are set out before this
par. and after the unnumbered par. following par. (162).
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(A) Wekiva river and wekiwa springs run.--The 14.9 miles of the
Wekiva River, along Wekiwa Springs Run from its confluence with the
St. Johns River to Wekiwa Springs, to be administered in the
following classifications:
(i) From the confluence with the St. Johns River to the
southern boundary of the Lower Wekiva River State Preserve,
approximately 4.4 miles, as a wild river.
(ii) From the southern boundary of the Lower Wekiva River
State Preserve to the northern boundary of Rock Springs State
Reserve at the Wekiva River, approximately 3.4 miles, as a
recreational river.
(iii) From the northern boundary of Rock Springs State
Reserve at the Wekiva River to the southern boundary of Rock
Springs State Reserve at the Wekiva River, approximately 5.9
miles, as a wild river.
(iv) From the southern boundary of Rock Springs State
Reserve at the Wekiva River upstream along Wekiwa Springs Run to
Wekiwa Springs, approximately 1.2 miles, as a recreational
river.
(B) Rock springs run.--The 8.8 miles from the confluence of Rock
Springs Run with the Wekiwa Springs Run forming the Wekiva River to
its headwaters at Rock Springs, to be administered in the following
classifications:
(i) From the confluence with Wekiwa Springs Run to the
western boundary of Rock Springs Run State Reserve at Rock
Springs Run, approximately 6.9 miles, as a wild river.
(ii) From the western boundary of Rock Springs Run State
Reserve at Rock Springs Run to Rock Springs, approximately 1.9
miles, as a recreational river.
(C) Black water creek.--The 17.9 miles from the confluence of
Black Water Creek with the Wekiva River to outflow from Lake Norris,
to be administered in the following classifications:
(i) From the confluence with the Wekiva River to
approximately .25 mile downstream of the Seminole State Forest
road crossing, approximately 4.1 miles, as a wild river.
(ii) From approximately .25 mile downstream of the Seminole
State Forest road to approximately .25 mile upstream of the
Seminole State Forest road crossing, approximately .5 mile, as a
scenic river.
(iii) From approximately .25 mile upstream of the Seminole
State Forest road crossing to approximately .25 mile downstream
of the old railroad grade crossing (approximately River Mile 9),
approximately 4.4 miles, as a wild river.
(iv) From approximately .25 mile downstream of the old
railroad grade crossing (approximately River Mile 9), upstream
to the boundary of Seminole State Forest (approximately River
Mile 10.6), approximately 1.6 miles, as a scenic river.
(v) From the boundary of Seminole State Forest
(approximately River Mile 10.6) to approximately .25 mile
downstream of the State Road 44 crossing, approximately .9 mile,
as a wild river.
(vi) From approximately .25 mile downstream of State Road 44
to approximately .25 mile upstream of the State Road 44A
crossing, approximately .6 mile, as a recreational river.
(vii) From approximately .25 mile upstream of the State Road
44A crossing to approximately .25 mile downstream of the Lake
Norris Road crossing, approximately 4.7 miles, as a wild river.
(viii) From approximately .25 mile downstream of the Lake
Norris Road crossing to the outflow from Lake Norris,
approximately 1.1 miles, as a recreational river.
(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles of
river segments of White Clay Creek (including tributaries of White Clay
Creek and all second order tributaries of the designated segments) in
the States of Delaware and Pennsylvania, as depicted on the recommended
designation and classification maps (dated June 2000), to be
administered by the Secretary of the Interior, as follows:
(A) 30.8 miles of the east branch, including Trout Run,
beginning at the headwaters within West Marlborough township
downstream to a point that is 500 feet north of the Borough of
Avondale wastewater treatment facility, as a recreational river.
(B) 15.0 miles of the east branch beginning at the southern
boundary line of the Borough of Avondale to a point where the East
Branch enters New Garden Township at the Franklin Township boundary
line, including Walnut Run and Broad Run outside the boundaries of
the White Clay Creek Preserve, as a recreational river.
(C) 4.0 miles of the east branch that flow through the
boundaries of the White Clay Creek Preserve, Pennsylvania, beginning
at the northern boundary line of London Britain township and
downstream to the confluence of the middle and east branches, as a
scenic river.
(D) 6.8 miles of the middle branch, beginning at the headwaters
within Londonderry township downstream to a point that is 500 feet
north of the Borough of West Grove wastewater treatment facility, as
a recreational river.
(E) 14 miles of the middle branch, beginning at a point that is
500 feet south of the Borough of West Grove wastewater treatment
facility downstream to the boundary of the White Clay Creek Preserve
in London Britain township, as a recreational river.
(F) 2.1 miles of the middle branch that flow within the
boundaries of the White Clay Creek Preserve in London Britain
township, as a scenic river.
(G) 17.2 miles of the west branch, beginning at the headwaters
within Penn township downstream to the confluence with the middle
branch, as a recreational river.
(H) 12.7 miles of the main stem, excluding Lamborn Run, that
flow through the boundaries of the White Clay Creek Preserve,
Pennsylvania and Delaware, and White Clay Creek State Park,
Delaware, beginning at the confluence of the east and middle
branches in London Britain township, Pennsylvania, downstream to the
northern boundary line of the city of Newark, Delaware, as a scenic
river.
(I) 5.4 miles of the main stem (including all second order
tributaries outside the boundaries of the White Clay Creek Preserve
and White Clay Creek State Park), beginning at the confluence of the
east and middle branches in London Britain township, Pennsylvania,
downstream to the northern boundary of the city of Newark, Delaware,
as a recreational river.
(J) 16.8 miles of the main stem beginning at Paper Mill Road
downstream to the Old Route 4 bridge, as a recreational river.
(K) 4.4 miles of the main stem beginning at the southern
boundary of the property of the corporation known as United Water
Delaware downstream to the confluence of White Clay Creek with the
Christina River, as a recreational river.
(L) 1.3 miles of Middle Run outside the boundaries of the Middle
Run Natural Area, as a recreational river.
(M) 5.2 miles of Middle Run that flow within the boundaries of
the Middle Run Natural Area, as a scenic river.
(N) 15.6 miles of Pike Creek, as a recreational river.
(O) 38.7 miles of Mill Creek, as a recreational river.
( ) \14\ Wildhorse and Kiger Creeks, Oregon.The following segments
in the Steens Mountain Cooperative Management and Protection Area in the
State of Oregon, to be administered by the Secretary of the Interior as
wild rivers:
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\14\ So in original. This par. added without identifying number.
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(A) The 2.6-mile segment of Little Wildhorse Creek from its
headwaters to its confluence with Wildhorse Creek.
(B) The 7.0-mile segment of Wildhorse Creek from its headwaters,
and including .36 stream miles into section 34, township 34 south,
range 33 east.
(C) The approximately 4.25-mile segment of Kiger Creek from its
headwaters to the point at which it leaves the Steens Mountain
Wilderness Area within the Steens Mountain Cooperative Management
and Protection Area.
(161) \15\ Lower delaware river and associated tributaries, new
jersey and pennsylvania.--(A) The 65.6 miles of river segments in New
Jersey and Pennsylvania, consisting of--
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\15\ So in original. Additional pars. (161) are set out after par.
(160).
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(i) the segment from river mile 193.8 to the northern border of
the city of Easton, Pennsylvania (approximately 10.5 miles), as a
recreational river;
(ii) the segment from a point just south of the Gilbert
Generating Station to a point just north of the Point Pleasant
Pumping Station (approximately 14.2 miles), as a recreational river;
(iii) the segment from the point just south of the Point
Pleasant Pumping Station to a point 1,000 feet north of the Route
202 bridge (approximately 6.3 miles), as a recreational river;
(iv) the segment from a point 1,750 feet south of the Route 202
bridge to the southern border of the town of New Hope, Pennsylvania
(approximately 1.9 miles), as a recreational river;
(v) the segment from the southern boundary of the town of New
Hope, Pennsylvania, to the town of Washington Crossing, Pennsylvania
(approximately 6 miles), as a recreational river;
(vi) Tinicum Creek (approximately 14.7 miles), as a scenic
river;
(vii) Tohickon Creek from the Lake Nockamixon Dam to the
Delaware River (approximately 10.7 miles), as a scenic river; and
(viii) Paunacussing Creek in Solebury Township (approximately 3
miles), as a recreational river.
(B) Administration.--The river segments referred to in subparagraph
(A) shall be administered by the Secretary of the Interior.
Notwithstanding section 1281(c) of this title, the river segments shall
not be administered as part of the National Park System.
( ) \14\ Rivers of Caribbean National Forest, Puerto Rico.--
(A) Rio mameyes.--The segment of approximately 4.5 miles from
its headwaters in the Bano de Oro Research Natural Area to the
boundary of the Caribbean National Forest, to be administered by the
Secretary of Agriculture as follows:
(i) As a wild river from its headwaters in the Bano de Oro
Research Natural Area to the crossing point of Trail No. 24/11
(approximately 500 feet upstream from the confluence with the
Rio de La Mina), a total of approximately 2.1 miles.
(ii) As a scenic river from the crossing point of Trail No.
24/11 to the access point of Trail No. 7, a total of
approximately 1.4 miles.
(iii) As a recreational river from the access point of Trail
No. 7 to the national forest boundary, a total of approximately
1.0 miles.
(B) Rio de la mina.--The segment of approximately 2.1 miles from
its headwaters to its confluence with the Rio Mameyes, to be
administered by the Secretary of Agriculture as follows:
(i) As a recreational river from its headwaters in the El
Yunque Recreation Area downstream to La Mina Falls, a total of
approximately 0.9 miles.
(ii) As a scenic river from La Mina falls \16\ downstream to
its confluence with the Rio Mameyes, a total of approximately
1.2 miles.
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\16\ So in original. Probably should be capitalized.
(C) Rio icacos.--The segment of approximately 2.3 miles from its
headwaters to the boundary of the Caribbean National Forest, to be
administered by the Secretary of Agriculture as a scenic river.
(b) Establishment of boundaries; classification
The agency charged with the administration of each component of the
national wild and scenic rivers system designated by subsection (a) of
this section shall, within one year from the date of designation of such
component under subsection (a) of this section (except where a different
date if \17\ provided in subsection (a) of this section), establish
detailed boundaries therefor (which boundaries shall include an average
of not more than 320 acres of land per mile measured from the ordinary
high water mark on both sides of the river); and determine which of the
classes outlined in section 1273(b) of this title best fit the river or
its various segments.
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\17\ So in original. Probably should be ``is''.
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Notice of the availability of the boundaries and classification, and
of subsequent boundary amendments shall be published in the Federal
Register and shall not become effective until ninety days after they
have been forwarded to the President of the Senate and the Speaker of
the House of Representatives.
(c) Public inspection of maps and descriptions
Maps of all boundaries and descriptions of the classifications of
designated river segments, and subsequent amendments to such boundaries,
shall be available for public inspection in the offices of the
administering agency in the District of Columbia and in locations
convenient to the designated river.
(d) Comprehensive management plan for protection of river values; review
of boundaries, classifications, and plans
(1) For rivers designated on or after January 1, 1986, the Federal
agency charged with the administration of each component of the National
Wild and Scenic Rivers System shall prepare a comprehensive management
plan for such river segment to provide for the protection of the river
values. The plan shall address resource protection, development of lands
and facilities, user capacities, and other management practices
necessary or desirable to achieve the purposes of this chapter. The plan
shall be coordinated with and may be incorporated into resource
management planning for affected adjacent Federal lands. The plan shall
be prepared, after consultation with State and local governments and the
interested public within 3 full fiscal years after the date of
designation. Notice of the completion and availability of such plans
shall be published in the Federal Register.
(2) For rivers designated before January 1, 1986, all boundaries,
classifications, and plans shall be reviewed for conformity within the
requirements of this subsection within 10 years through regular agency
planning processes.
(Pub. L. 90-542, Sec. 3, Oct. 2, 1968, 82 Stat. 907; Pub. L. 92-560,
Sec. 2, Oct. 25, 1972, 86 Stat. 1174; Pub. L. 93-279, Sec. 1(a), May 10,
1974, 88 Stat. 122; Pub. L. 94-199, Sec. 3(a), Dec. 31, 1975, 89 Stat.
1117; Pub. L. 94-486, title I, Sec. 101, title II, Sec. 201, title III,
Sec. 301, title VI, Sec. 601, Oct. 12, 1976, 90 Stat. 2327, 2329, 2330;
Pub. L. 95-625, title VII, Secs. 701-704(a), 705-708, 755, 763(a), Nov.
10, 1978, 92 Stat. 3521-3523, 3527-3529, 3533; Pub. L. 96-87, title IV,
Sec. 401(p)(1), Oct. 12, 1979, 93 Stat. 666; Pub. L. 96-312, Sec. 9(a),
July 23, 1980, 94 Stat. 952; Pub. L. 96-344, Sec. 16, Sept. 8, 1980, 94
Stat. 1137; Pub. L. 96-487, title VI, Secs. 601-603, Dec. 2, 1980, 94
Stat. 2412-2414; Pub. L. 96-580, Dec. 23, 1980, 94 Stat. 3370; Pub. L.
98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60; Pub. L. 98-406, title I,
Sec. 104, Aug. 28, 1984, 98 Stat. 1491; Pub. L. 98-425, title II,
Sec. 201, Sept. 28, 1984, 98 Stat. 1632; Pub. L. 98-444, Oct. 4, 1984,
98 Stat. 1714; Pub. L. 98-494, Sec. 1, Oct. 19, 1984, 98 Stat. 2274;
Pub. L. 99-530, Sec. 1, Oct. 27, 1986, 100 Stat. 3021; Pub. L. 99-590,
title I, Sec. 101, title IV, Sec. 401, title V, Sec. 501, title VI,
Sec. 601, Oct. 30, 1986, 100 Stat. 3330, 3334, 3337; Pub. L. 99-663,
Sec. 13(c), Nov. 17, 1986, 100 Stat. 4294; Pub. L. 100-149, Sec. 1, Nov.
2, 1987, 101 Stat. 879; Pub. L. 100-150, Sec. 1, Nov. 3, 1987, 101 Stat.
881; Pub. L. 100-174, Nov. 24, 1987, 101 Stat. 924; Pub. L. 100-534,
title III, Sec. 301, title V, Sec. 501, Oct. 26, 1988, 102 Stat. 2706,
2708; Pub. L. 100-547, title I, Sec. 101, Oct. 28, 1988, 102 Stat. 2736;
Pub. L. 100-554, Sec. 1, Oct. 28, 1988, 102 Stat. 2776; Pub. L. 100-557,
title I, Sec. 102, Oct. 28, 1988, 102 Stat. 2782; Pub. L. 100-633,
Sec. 1, Nov. 7, 1988, 102 Stat. 3320; Pub. L. 100-668, title V,
Sec. 501, Nov. 16, 1988, 102 Stat. 3967; Pub. L. 101-40, Sec. 2(a), June
20, 1989, 103 Stat. 81; Pub. L. 101-306, Sec. 2, June 6, 1990, 104 Stat.
260; Pub. L. 101-612, Sec. 10(b), Nov. 16, 1990, 104 Stat. 3215; Pub. L.
101-628, title XIII, Sec. 1302, Nov. 28, 1990, 104 Stat. 4509; Pub. L.
102-50, Sec. 2, May 24, 1991, 105 Stat. 254; Pub. L. 102-249, Sec. 3,
Mar. 3, 1992, 106 Stat. 45; Pub. L. 102-271, Sec. 1, Apr. 20, 1992, 106
Stat. 108; Pub. L. 102-275, Sec. 2, Apr. 22, 1992, 106 Stat. 123; Pub.
L. 102-301, Sec. 6, June 19, 1992, 106 Stat. 245; Pub. L. 102-432,
Sec. 1, Oct. 23, 1992, 106 Stat. 2212; Pub. L. 102-536, Sec. 1, Oct. 27,
1992, 106 Stat. 3528; Pub. L. 103-162, Sec. 2, Dec. 1, 1993, 107 Stat.
1969; Pub. L. 103-170, Sec. 3, Dec. 2, 1993, 107 Stat. 1986; Pub. L.
103-242, Sec. 2, May 4, 1994, 108 Stat. 611; Pub. L. 103-313, Sec. 3,
Aug. 26, 1994, 108 Stat. 1700; Pub. L. 103-437, Sec. 6(d)(40), Nov. 2,
1994, 108 Stat. 4585; Pub. L. 104-208, div. B, title I, Sec. 109, Sept.
30, 1996, 110 Stat. 3009-531; Pub. L. 104-314, Oct. 19, 1996, 110 Stat.
3823; Pub. L. 104-333, div. I, title IV, Secs. 405(a), 406(d), 407(a),
title X, Sec. 1023(h), Nov. 12, 1996, 110 Stat. 4149, 4151, 4223; Pub.
L. 106-20, Sec. 2(b), (g), Apr. 9, 1999, 113 Stat. 31, 33; Pub. L. 106-
176, title I, Sec. 106(a), Mar. 10, 2000, 114 Stat. 25; Pub. L. 106-192,
Sec. 2(a), May 2, 2000, 114 Stat. 233; Pub. L. 106-261, Aug. 18, 2000,
114 Stat. 735; Pub. L. 106-299, Sec. 3, Oct. 13, 2000, 114 Stat. 1051;
Pub. L. 106-357, Sec. 3, Oct. 24, 2000, 114 Stat. 1393; Pub. L. 106-399,
title III, Sec. 301(a), (b), Oct. 30, 2000, 114 Stat. 1667, 1668; Pub.
L. 106-418, Sec. 3, Nov. 1, 2000, 114 Stat. 1817; Pub. L. 107-365,
Sec. 2(b), Dec. 19, 2002, 116 Stat. 3027.)
References in Text
Section 704(c) of the National Parks and Recreation Act of 1978,
referred to in subsec. (a)(19), is section 704(c), Pub. L. 95-625, Nov.
10, 1978, 92 Stat. 3524, which is set out under this section in a note
captioned ``Upper Delaware Segment Special Provisions''.
The Act establishing the Delaware Water Gap National Recreation
Area, referred to in subsec. (a)(20), is Pub. L. 89-158, Sept. 1, 1965,
79 Stat. 612, which is classified generally to subchapter LXXIII
(Sec. 460o et seq.) of chapter 1 of this title. For complete
classification of this Act to the Code, see Tables.
The Raker Act, referred to in subsec. (a)(53), is act Dec. 19, 1913,
ch. 4, 38 Stat. 242, which is not classified to the Code.
The mining laws and the mineral leasing laws, referred to in subsec.
(a)(62)(C), (109), (110), are classified generally to Title 30, Mineral
Lands and Mining.
Section 14(b) of the Federal Advisory Committee Act, referred to in
subsec. (a)(67)(B)(vii), is section 14(b) of Pub. L. 92-463, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
Section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of
1988, referred to in subsec. (a)(73)(E) and (85)(B), is section 105 of
Pub. L. 100-557, which is set out as a note below.
Section 203 of the Flood Control Act of 1958, referred to in subsec.
(a)(136)(D), is section 203 of Pub. L. 85-500, title II, July 3, 1958,
72 Stat. 305, which is not classified to the Code.
Amendments
2002--Subsec. (a). Pub. L. 107-365 added unnumbered par. relating to
Rivers of Caribbean National Forest, Puerto Rico.
2000--Subsec. (a). Pub. L. 106-418, Sec. 3(4), which directed repeal
of the fourth undesignated par. following par. 156, pertaining to
Elkhorn Creek and enacted by Pub. L. 104-333, could not be executed
because the undesignated par. referred to was designated par. (159) by
Pub. L. 106-20. See 1999 Amendment note below.
Pub. L. 106-418, Sec. 3(3), which directed designation of the third
undesignated par. following par. 156, pertaining to the Lamprey River,
New Hampshire, and enacted by Pub. L. 104-333, as par. 159, could not be
executed because the undesignated par. referred to was redesignated as
par. (158) by Pub. L. 106-20. See 1999 Amendment note below.
Pub. L. 106-418, Sec. 3(2), which directed designation of the second
undesignated par. following par. 156, pertaining to the Clarion River,
Pennsylvania, and enacted by Pub. L. 104-314, as par. 158, could not be
executed because the undesignated par. referred to was redesignated as
par. (157) by Pub. L. 106-20. See 1999 Amendment note below.
Pub. L. 106-418, Sec. 3(1), which directed designation of the first
undesignated par. following par. 156, pertaining to Elkhorn Creek and
enacted by Pub. L. 104-208, as par. 157, could not be executed because
the undesignated par. referred to was repealed by Pub. L. 106-20. See
1999 Amendment note below.
Pub. L. 106-399, Sec. 301(b), added unnumbered par. relating to
Wildhorse and Kiger Creeks, Oregon.
Subsec. (a)(74)(A). Pub. L. 106-399, Sec. 301(a)(2), substituted
period for semicolon at end.
Pub. L. 106-399, Sec. 301(a)(1), which directed the substitution of
``The'' for ``the'' at the beginning of each subpar. in par. (74), could
not be executed to subpar. (A) because subpar. (A) does not begin with
``the''.
Subsec. (a)(74)(B) to (D). Pub. L. 106-399, Sec. 301(a)(1), (2),
substituted ``The'' for ``the'' at beginning and period for semicolon at
end.
Subsec. (a)(74)(E). Pub. L. 106-399, Sec. 301(a)(1), (3),
substituted ``The'' for ``the'' at beginning and period for ``; and'' at
end.
Subsec. (a)(74)(F). Pub. L. 106-399, Sec. 301(a)(1), substituted
``The'' for ``the'' at beginning.
Subsec. (a)(74)(G) to (I). Pub. L. 106-399, Sec. 301(a)(4), added
subpars. (G) to (I).
Subsec. (a)(158). Pub. L. 106-192 substituted ``23.5-mile segment
extending from the Bunker Pond Dam in Epping'' for ``11.5-mile segment
extending from the southern Lee town line'' in first sentence and
``towns of Epping,'' for ``towns of'' in second sentence.
Pub. L. 106-176 substituted ``through cooperative agreements'' for
``through cooperation agreements'' in second sentence.
Subsec. (a)(161). Pub. L. 106-418, Sec. 3(5), added par. (161)
relating to Lower Delaware River and associated tributaries.
Pub. L. 106-299 added par. (161) relating to Wekiva River.
Pub. L. 106-261 added par. (161) relating to Wilson Creek.
Subsec. (a)(162). Pub. L. 106-357 added par. (162).
1999--Subsec. (a). Pub. L. 106-20, Sec. 2(g)(1), struck out
unnumbered par. added by Pub. L. 104-208 relating to Elkhorn Creek,
which was identical to par. added by Pub. L. 104-333, Sec. 1023(h).
Subsec. (a)(157) to (159). Pub. L. 106-20, Sec. 2(g)(2), designated
unnumbered pars. relating to Clarion River, Lamprey River, and Elkhorn
Creek as pars. (157) to (159), respectively.
Subsec. (a)(160). Pub. L. 106-20, Sec. 2(b), added par. (160).
1996--Subsec. (a). Pub. L. 104-333, Secs. 405(a), 1023(h), added
unnumbered pars. relating to Lamprey River, New Hampshire and Elkhorn
Creek.
Pub. L. 104-314 added unnumbered par. relating to Clarion River,
Pennsylvania.
Pub. L. 104-208 added unnumbered par. relating to Elkhorn Creek.
Subsec. (a)(65). Pub. L. 104-333, Sec. 406(d), substituted ``BLUE-
80,005, dated May 1996'' for ``WSR-BLU/20,000, and dated January 1987''
and inserted at end ``In order to provide reasonable public access and
vehicle parking for public use and enjoyment of the river designated by
this paragraph, consistent with the preservation and enhancement of the
natural and scenic values of such river, the Secretary may, with the
consent of the owner thereof, negotiate a memorandum of understanding or
cooperative agreement, or acquire not more than 10 acres of lands or
interests in such lands, or both, as may be necessary to allow public
access to the Bluestone River and to provide, outside the boundary of
the scenic river, parking and related facilities in the vicinity of the
area known as Eads Mill.''
Subsec. (a)(109) to (156). Pub. L. 104-333, Sec. 407(a),
redesignated unnumbered pars. relating to various rivers as pars. (109)
to (156).
1994--Subsec. (a). Pub. L. 103-313 added unnumbered par. relating to
Farmington River, Connecticut.
Pub. L. 103-242 added unnumbered par. relating to Rio Grande, New
Mexico.
Subsec. (a)(19). Pub. L. 103-437 substituted ``Natural Resources''
for ``Interior and Insular Affairs'' after ``Committee on''.
1993--Subsec. (a). Pub. L. 103-170 added unnumbered par. relating to
Red River, Kentucky.
Pub. L. 103-162 added unnumbered pars. relating to the following
rivers in New Jersey: Maurice River, Menantico Creek, Manumuskin River,
and Muskee Creek.
1992--Subsec. (a). Pub. L. 102-536 added unnumbered par. relating to
Great Egg Harbor, New Jersey.
Pub. L. 102-301 added unnumbered pars. relating to the following
rivers in California: Sespe Creek, Sisquoc River, and Big Sur River.
Pub. L. 102-275 added unnumbered pars. relating to the following
rivers in Arkansas: Big Piney Creek, Buffalo River, Cossatot River,
Hurricane Creek, Little Missouri River, Mulberry River, North Sylamore
Creek, and Richland Creek.
Pub. L. 102-271 added unnumbered par. relating to Allegheny River,
Pennsylvania.
Pub. L. 102-249 added unnumbered pars. relating to the following
rivers in Michigan: Bear Creek, Black, Carp, Indian, Manistee,
Ontonagon, Paint, Pine, Presque Isle, Sturgeon (Hiawatha National
Forest), Sturgeon (Ottawa National Forest), East Branch of the
Tahquamenon, Whitefish, and Yellow Dog.
Subsec. (a)(62). Pub. L. 102-432 designated existing provisions as
subpar. (A), substituted ``subparagraph'' for ``paragraph'' in two
places, and added subpars. (B) and (C).
1991--Subsec. (a). Pub. L. 102-50 added unnumbered pars. relating to
Niobrara River, Nebraska, and Missouri River, Nebraska and South Dakota.
1990--Subsec. (a). Pub. L. 101-628 added unnumbered par. relating to
Clarks Fork, Wyoming.
Pub. L. 101-612 added unnumbered pars. relating to the following
California rivers: Smith River, Middle Fork Smith River, North Fork
Smith River, Siskiyou Fork Smith River, and South Fork Smith River.
Pub. L. 101-306 added unnumbered pars. relating to East Fork of
Jemez, New Mexico, and Pecos River, New Mexico.
1989--Subsec. (a)(62). Pub. L. 101-40, Sec. 2(a)(1), (2), designated
unnumbered par. relating to Merced River, California, as (62) and
redesignated former par. (62) as (63).
Subsec. (a)(63). Pub. L. 101-40, Sec. 2(a)(2), redesignated former
par. (62), relating to Kings River, California, as (63).
Subsec. (a)(64). Pub. L. 101-40, Sec. 2(a)(3), designated unnumbered
par. relating to Kern River, California, as (64).
Subsec. (a)(65). Pub. L. 101-40, Sec. 2(a)(4), (6), designated
unnumbered par. relating to Bluestone River, West Virginia, as (65) and
redesignated former par. (65) as (67).
Subsec. (a)(66). Pub. L. 101-40, Sec. 2(a)(5), designated unnumbered
par. relating to Sipsey Fork of the West Fork River, Alabama, as (66).
Subsec. (a)(67). Pub. L. 101-40, Sec. 2(a)(6), redesignated former
par. (65), relating to Wildcat River, New Hampshire, as (67).
Subsec. (a)(68) to (107). Pub. L. 101-40, Sec. 2(a)(7), designated
unnumbered pars. relating to rivers in Oregon as (68) to (107).
Subsec. (a)(108). Pub. L. 101-40, Sec. 2(a)(8), designated
unnumbered par. relating to Rio Chama River, New Mexico, as (108).
1988--Subsec. (a). Pub. L. 100-633 added unnumbered par. relating to
Rio Chama, New Mexico.
Pub. L. 100-557 added unnumbered pars. relating to the following
rivers in Oregon: Big Marsh Creek, Chetco, Clackamas, Crescent Creek,
Crooked, Deschutes, Donner und Blitzen, Eagle Creek, Elk, Grande Ronde,
Imnaha, John Day, Joseph Creek, Little Deschutes, Lostine, Malheur,
McKenzie, Metolius, Minam, North Fork Crooked, North Fork John Day,
North Fork Malheur, North Fork of the Middle Fork of the Willamette,
North Fork Owyhee, North Fork Smith, North Fork Sprague, North Powder,
North Umpqua, Powder, Quartzville Creek, Roaring, Salmon, Sandy, South
Fork John Day, Squaw Creek, Sycan, Upper Rogue, Wenaha, West Little
Owyhee, and White.
Pub. L. 100-547 added unnumbered par. relating to Sipsey Fork of the
West Fork, Alabama.
Pub. L. 100-534, Sec. 301, added unnumbered par. relating to
Bluestone, West Virginia.
Subsec. (a)(60). Pub. L. 100-668 inserted sentence describing
boundaries of Klickitat River.
Subsec. (a)(65). Pub. L. 100-554 added par. (65) relating to Wildcat
River, New Hampshire.
Subsec. (b). Pub. L. 100-534, Sec. 501, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``The agency
charged with the administration of each component of the national wild
and scenic rivers system designated by subsection (a) of this section
shall, within one year from the date of designation of such component
under subsection (a) of this section (except where a different date is
provided in subsection (a) of this section), establish detailed
boundaries therefor (which boundaries shall include an average of not
more than 320 acres of land per mile measured from the ordinary high
water mark on both sides of the river); determine which of the classes
outlined in section 1273(b) of this title best fit the river or its
various segments. Notice of the availability of the boundaries and
classification, and of subsequent boundary amendments shall be published
in the Federal Register and shall not become effective until ninety days
after they have been forwarded to the President of the Senate and the
Speaker of the House of Representatives.''
1987--Subsec. (a). Pub. L. 100-174 added unnumbered par. relating to
North and South Fork of the Kern River, California.
Pub. L. 100-149 added unnumbered par. relating to Merced,
California.
Subsec. (a)(56) to (61). Pub. L. 100-150, Sec. 1(b), redesignated
former par. (56), relating to Cache la Poudre, as (57), former par.
(57), relating to Saline Bayou, as (58), former par. (58), relating to
Black Creek, as (59), and designated pars. relating to Klickitat and
White Salmon as pars. (60) and (61), respectively.
Subsec. (a)(62). Pub. L. 100-150, Sec. 1(a), added par. (62).
1986--Subsec. (a)(51) to (55). Pub. L. 99-530 and Pub. L. 99-590,
Sec. 501(a), amended subsec. (a) identically, redesignating the pars.
relating to the Au Sable River, the Tuolumne River, the Illinois River,
and the Owyhee River as pars. (52) through (55), respectively.
Subsec. (a)(56). Pub. L. 99-590, Sec. 101, added par. (56) appearing
second relating to Cache la Poudre, Colorado.
Pub. L. 99-530 added par. (56) appearing first relating to
Horsepasture, North Carolina.
Subsec. (a)(57), (58). Pub. L. 99-590, Secs. 401, 601, added pars.
(57) and (58).
Subsec. (a)(59), (60). Pub. L. 99-663 added two unnumbered pars.,
relating to Klickitat, Washington, and White Salmon, Washington, which
were editorially designated as pars. (59) and (60), respectively.
Subsec. (b). Pub. L. 99-590, Sec. 501(b)(1)(A), substituted ``one
year from the date of designation of such component under subsection (a)
of this section'' for ``one year from October 2, 1968''.
Pub. L. 99-590, Sec. 501(b)(1)(B), which directed the amendment of
subsec. (b) as follows: ``Strike out the second parenthetical statement,
`(which boundaries shall include an average of not more than 320 acres
of land per mile measured from the ordinary high water mark on both
sides of the river)' '', could not be executed because the quoted
parenthetical statement did not appear in text. Rather, the amendment
was executed by substituting the quoted parenthetical for ``(which
boundaries shall include an average of not more than three hundred and
twenty acres per mile on both sides of the river)'' as the probable
intent of Congress in view of the directory wording in H.R. 4350 as
introduced, reported, and passed by the House on Apr. 8, 1986, which
read: ``Strike out the second parenthetical statement and substitute the
parenthetical statement''.
Pub. L. 99-590, Sec. 501(b)(1)(C), struck out ``; and prepare a plan
for necessary developments in connection with its administration in
accordance with such classification'' after ``its various segments''.
Pub. L. 99-590, Sec. 501(b)(2), substituted ``Notice of the
availability of the boundaries and classification, and of subsequent
boundary amendments'' for ``Said boundaries, classification, and
development plans''.
Subsecs. (c), (d). Pub. L. 99-590, Sec. 501(b)(3), added subsecs.
(c) and (d).
1984--Subsec. (a)(16). Pub. L. 98-444, Sec. 1, inserted
``Notwithstanding any other provision of this chapter, the installation
and operation of facilities or other activities within or outside the
boundaries of the Pere Marquette Wild and Scenic River for the control
of the lamprey eel should be permitted subject to such restrictions and
conditions as the Secretary of Agriculture may prescribe for the
protection of water quality and other values of the river, including the
wild and scenic characteristics of the river.''
Subsec. (a)(51). Pub. L. 98-444, Sec. 2, added par. (51) set out
second relating to Au Sable, Michigan.
Pub. L. 98-406 added par. (51) appearing first relating to Verde,
Arizona.
Subsec. (a)(52). Pub. L. 98-494 added par. (52) appearing second
relating to Illinois, Oregon.
Pub. L. 98-425 added par. (52) appearing first relating to Tuolumne,
California.
Subsec. (a)(53). Pub. L. 98-494 added par. (53).
1980--Subsec. (a)(6). Pub. L. 96-580 authorized acquisition of part
of Velie Estate acreage.
Subsec. (a)(22). Pub. L. 96-344 substituted in provision following
subpar. (B) ``which shall be established'' for ``which may be
established''.
Subsec. (a)(24). Pub. L. 96-312 added par. (24).
Subsec. (a)(25) to (37). Pub. L. 96-487, Sec. 601, added pars. (25)
to (37).
Subsec. (a)(38) to (43). Pub. L. 96-487, Sec. 602, added pars. (38)
to (43).
Subsec. (a)(44) to (50). Pub. L. 96-487, Sec. 603, added pars. (44)
to (50).
1979--Subsec. (a)(19). Pub. L. 96-87 substituted ``section 704(c) of
the National Parks and Recreation Act of 1978'' for ``section 705(c) of
the National Parks and Recreation Act of 1978''.
1978--Subsec. (a)(10). Pub. L. 95-625, Sec. 755, increased
appropriations authorization for Chattooga River to $5,200,000 from
$2,000,000.
Subsec. (a)(16) to (23). Pub. L. 95-625, Secs. 701-703, 704(a), 705-
708, added pars. (16) to (23).
Subsec. (b). Pub. L. 95-625, Sec. 763(a), inserted ``(except where a
different date is provided in subsection (a) of this section)'' after
``one year from October 2, 1968''.
1976--Subsec. (a)(3). Pub. L. 94-486, Sec. 601, inserted
``downstream from the confluence of its tributary streams one kilometer
south of Beckwourth, California;'' after ``entire Middle Fork''.
Subsec. (a)(13). Pub. L. 94-486, Sec. 101, added par. (13).
Subsec. (a)(14). Pub. L. 94-486, Sec. 201, added par. (14).
Subsec. (a)(15). Pub. L. 94-486, Sec. 301, added par. (15).
1975--Subsec. (a)(11), (12). Pub. L. 94-199 added pars. (11) and
(12).
1974--Subsec. (a)(10). Pub. L. 93-279 added par. (10).
1972--Subsec. (a)(9). Pub. L. 92-560 added par. (9).
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
``Frank Church--River of No Return Wilderness'' substituted in
subsec. (a)(24)(D) for ``River of No Return Wilderness'' pursuant to
Pub. L. 98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60, which redesignated
the River of No Return Wilderness as the Frank Church--River of No
Return Wilderness.
Puerto Rico; Rivers of Caribbean National Forest; Special Management
Considerations; Preservation of Commonwealth Authority
Pub. L. 107-365, Sec. 2(c), (d), Dec. 19, 2002, 116 Stat. 3028,
provided that the amendment by section 2(b) of Pub. L. 107-365 to this
section and the applicability of this chapter to segments of the Rivers
of Caribbean National Forest were not to be construed to prevent various
scientific research activities within the boundaries of these river
segments, but that those activities were subject to such conditions as
the Secretary of Agriculture considered desirable, and provided that
section 2 of Pub. L. 107-365, amending this section, did not limit the
authority of the Commonwealth of Puerto Rico over its waters and natural
channels of public domain.
Niobrara River; Designation of 6-Mile Segment as Component of National
Wild and Scenic Rivers System
Section 3(b) of Pub. L. 102-50 provided that: ``If, within 5 years
after the date of enactment of this Act [May 24, 1991], funds are not
authorized and appropriated for the construction of a water resources
project on the 6-mile segment of the Niobrara River from its confluence
with Chimney Creek to its confluence with Rock Creek, at the expiration
of such 5-year period the 6-mile segment shall be designated as a
component of the National Wild and Scenic Rivers System by operation of
law, to be administered by the Secretary of the Interior in accordance
with sections 4 and 5 of this Act [see below] and the applicable
provisions of the Wild and Scenic Rivers Act (16 U.S.C. 1271-1287). The
Secretary of the Interior shall publish notification to that effect in
the Federal Register.''
Alaska; Administration of Wild and Scenic River Segments
Section 605 of Pub. L. 96-487 provided for administration of Wild
and Scenic River segments of following Alaska rivers: Alagnak, Beaver
Creek, Delta, Fortymile, Alatna, Aniakchak, Charley, Chilikadrotna,
John, Kobuk, Mulchatna, Noatak, North Fork of the Koyukuk, Salmon,
Tinayguk, Tlikakila, Andreafsky, Ivishak, Nowitna, Selawik, Sheenjek,
Wind, Birch Creek, Gulkana, Unalakleet, Mosquito Fork, Champion Creek,
Middle Fork, O'Brien Creek, Napoleon Creek, Franklin Creek, Uhler Creek,
Walker Fork, West Fork, Dennison Fork, Logging Cabin Creek, Hutchinson
Creek.
Arkansas; State Management of Segments of Cossatot River and Brushy
Creek
Section 3 of Pub. L. 102-275 provided that 10.4-mile segment of the
Cossatot River and 0.3-mile segment of the Brushy Creek tributary were
to be managed by the State of Arkansas as parts of the Wild and Scenic
Rivers System.
Colorado; Administration of Wild and Scenic River Segments of Cache la
Poudre River; Noninterference With Existing Decreed Water Rights
Section 102 of Pub. L. 99-590 provided that inclusion of designated
portions of Cache la Poudre River in Wild and Scenic Rivers System did
not interfere with exercise of existing decreed water rights to water
which had theretofore been stored or diverted by means of present
capacity of storage, conveyance, or diversion structures that existed as
of Oct. 30, 1986, or operation and maintenance of such structures, nor
could inclusion of designated portions of Cache la Poudre River in Wild
and Scenic Rivers System be utilized in any Federal proceeding, whether
concerning a license, permit, right-of-way, or other Federal action, as
a reason or basis to prohibit development or operation of any water
impoundments, diversion facilities, and hydroelectric power and
transmission facilities below Poudre Park located entirely downstream
from and potentially affecting designated portions of Cache la Poudre
River, or relocation of highway 14 to any point east of the north-south
half section line of section 2, township 8 north, range 71 west of the
sixth principal meridian, as necessary to provide access to Poudre Park
around such facilities.
Connecticut; Management of Wild and Scenic River Segment of Farmington
River; Definitions; Authorization of Appropriations
Sections 4 to 6 of Pub. L. 103-313 provided that Director of the
National Park Service represent Secretary of the Interior on the
Farmington River Coordinating Committee; directed Secretary to offer to
enter into cooperative agreements with the State, its relevant political
subdivisions, and Farmington River Watershed Association to facilitate
the long-term protection, conservation, and enhancement of designated
river segment; distinguished implementation of this Act from National
Park Service administration of river segment and excluded river segment
from National Park System; provided for evaluation of proposed water
resources project; accepted local zoning ordinances; defined
``Committee'', ``Plan'', and ``Secretary''; and authorized the
appropriation of funds necessary to carry out Pub. L. 103-313.
Delaware and Pennsylvania; Administration of Wild and Scenic River
Segments of White Clay Creek
Pub. L. 106-357, Secs. 4-8, Oct. 24, 2000, 114 Stat. 1395, 1396,
provided for administration of Wild and Scenic River segments of White
Clay Creek, establishment of detailed boundaries, cooperative agreements
with White Clay Creek Watershed Management Committee, representation of
Secretary of the Interior by Director of the National Park Service in
implementation of management plan, and authorization of the Secretary to
provide assistance and funding for implementation of management plan;
required that existing State and local zoning laws and ordinances be
considered satisfactory under section 1277(c) of this title with respect
to White Clay Creek river segments; and prohibited Federal acquisition
of lands or interests in lands along White Clay Creek river segments and
inclusion in National Park System.
Florida; Administration of Wild and Scenic River Segments of Wekiva
River
Pub. L. 106-299, Secs. 4-6, Oct. 13, 2000, 114 Stat. 1052-1054,
provided for administration of Wild and Scenic River segments of Wekiva
River, use of cooperative agreements, biennial review of compliance with
comprehensive management plan, reports to Congress on deviations from
such plans which could diminish value of river segments, planning
assistance to local political jurisdictions, and establishment of the
Wekiva River System Advisory Management Committee; and authorized
appropriations.
Idaho; Salmon and Snake Rivers; Construction Prohibited on River
Segments
Pub. L. 100-677, Sec. 1, Nov. 17, 1988, 102 Stat. 4407, prohibited
Federal Energy Regulatory Commission from issuing any preliminary
permit, license, or exemption from licensing for construction of any
dam, diversion or bypass under Federal Power Act (41 Stat. 1063), as
amended [see section 791a of this title], on: (1) the Salmon River,
Idaho, from Long Tom Bar to the confluence of the Snake River, or (2)
the Snake River, Idaho, from the eastward extension of the north
boundary of section 1, township 5 north, range 47 east, Willamette
Meridian to the pool formed behind Lower Granite Dam, and provided that
no dam may be constructed on those segments of the Salmon or Snake
Rivers.
Idaho and Oregon; Administration of Wild and Scenic River Segments of
Snake River and Rapid River
Section 3(b) of Pub. L. 94-199 provided for administration of Wild
and Scenic River segments of Snake River, Idaho and Oregon, and Rapid
River, Idaho.
Massachusetts; Administration of Wild and Scenic River Segments of
Sudbury, Assabet, and Concord Rivers; Authorization of Appropriations
Pub. L. 106-20, Sec. 2(c)-(f), Apr. 9, 1999, 113 Stat. 31, 32,
provided for Federal role in management of Wild and Scenic River
segments of Sudbury, Assabet, and Concord Rivers, directed Secretary of
the Interior to consider extent to which proposed water resources
projects were consistent with management of river segments, limited
rights of United States Government to acquire interests in land along
river segments, and authorized $100,000 to be appropriated for each
fiscal year to carry out management plan.
Michigan; Administration of Wild, Scenic, and Recreational River
Segments Designated Under Michigan Scenic Rivers Act of 1991
Section 6 of Pub. L. 102-249 provided that Pub. L. 102-249, the
Michigan Scenic Rivers Act of 1991, did not enlarge, diminish, or modify
responsibilities of the State of Michigan regarding hunting, fishing,
and trapping with reference to designated river segments, that
facilities and activities for control of sea lamprey were allowed, that
traditional public access routes to designated river segments were to be
maintained with conditions, and that the Act did not enlarge, diminish,
or modify the limitation on land acquisition contained in section
1277(b) of this title.
Minnesota and Wisconsin; Administration of Wild and Scenic River of
Lower Saint Croix River
Sections 3-6 of Pub. L. 92-560 provided for administration of Wild
and Scenic River segments of Lower Saint Croix River along Minnesota-
Wisconsin border, acquisition of property, maintenance of navigation
rights, and authorization of appropriations.
Missouri; Administration of Eleven Point Wild and Scenic Corridor
Pub. L. 102-220, Sec. 3, Dec. 11, 1991, 105 Stat. 1674, authorized
Secretary to manage lands, waters, and interests within The Eleven Point
Wild and Scenic Corridor pursuant to the provisions of this chapter. See
section 3 of Pub. L. 102-220 set out as a note under section 539h of
this title.
Montana; Administration of Wild and Scenic River Segment of Missouri
River
Section 202 and 203 of Pub. L. 94-486, as amended Pub. L. 100-552,
Sec. 5, Oct. 28, 1988, 102 Stat. 2768, provided for administration of
wild and scenic river segment of the Missouri River known as Missouri
Breaks Freeflowing River segment, establishment of detailed boundaries,
acquisition of lands and interests in lands, and construction of visitor
facilities in or near Fort Benton.
New Hampshire; Lamprey River Advisory Committee
Section 405(b) of title IV of div. I of Pub. L. 104-333, as amended
by Pub. L. 106-176, title I, Sec. 106(b), Mar. 10, 2000, 114 Stat. 26;
Pub. L. 106-192, Sec. 2(b)(1), May 2, 2000, 114 Stat. 233, provided that
Secretary of the Interior coordinate his management responsibilities
with respect to Lamprey River, New Hampshire, with Lamprey River
Advisory Committee, that zoning ordinances adopted by towns of Epping,
Durham, Lee, and Newmarket, New Hampshire, be deemed to satisfy section
1277(c) of this title, and that Secretary's land acquisition be limited
to acquisition by donation or acquisition with consent of donor and be
subject to additional criteria of Lamprey River Management Plan.
New Jersey; Administration of Wild and Scenic River Segments of Maurice
and Manumuskin Rivers and Menantico and Muskee Creeks
Section 3 of Pub. L. 103-162 provided for administration of Wild and
Scenic River segments of Maurice and Manumuskin Rivers and Menantico and
Muskee Creeks, New Jersey, planning assistance to local political
subdivisions, segment additions, and appropriations to carry out
administrative functions.
New Jersey; Administration of Wild and Scenic River Segments of Great
Egg Harbor River
Section 2 of Pub. L. 102-536 provided for administration of Wild and
Scenic River segments of Great Egg Harbor River, New Jersey, review of
local river management plans, biennial review of compliance with local
river management plans, reports to Congress on deviations from such
plans which could diminish value of river segments, and authorization of
appropriations.
New Jersey and Pennsylvania; Administration of Wild and Scenic River
Segments of Lower Delaware River and Associated Tributaries
Pub. L. 106-418, Secs. 4, 5, Nov. 1, 2000, 114 Stat. 1818, 1821,
provided for administration of Wild and Scenic River segments of Lower
Delaware River in accordance with the Lower Delaware River Management
Plan and in cooperation with Federal, State, regional, and local
agencies, provided that the Plan be considered to satisfy subsec. (d) of
this section, provided that zoning ordinances of municipalities
bordering the segments be considered to satisfy section 1277(c) of this
title, and contained provisions relating to consideration of the effect
of proposed water resources projects on the segments, requirements for
cooperative agreements, provision by the Secretary of the Interior of
planning, financial, and technical assistance, designation of certain
additional segments as a recreational river or scenic river, and
authorization of appropriations.
New Mexico; Rio Grande Citizens Advisory Board
Section 4 of Pub. L. 103-242 directed Secretary of the Interior,
acting through Director of the Bureau of Land Management, to obtain and
consider views of residents of village of Pilar and of owners of
property adjoining Rio Grande River segments concerning implementation
of Pub. L. 103-242.
New York and Pennsylvania; Administration of Wild and Scenic River
Segment of Upper Delaware River
Section 704(b)-(j) of Pub. L. 95-625, as amended Pub. L. 96-87,
title IV, Sec. 401(p)(2), Oct. 12, 1979, 93 Stat. 666; Pub. L. 100-412,
Sec. 1, Aug. 22, 1988, 102 Stat. 1100, provided for administration of
Upper Delaware River along New York-Pennsylvania border between Hancock,
New York, and Sparrow Bush, New York, including creation of Upper
Delaware Citizens Advisory Council. See also Pub. L. 106-119, Dec. 3,
1999, 113 Stat. 1604.
Pennsylvania; Allegheny River; Designation of Segments as Wild and
Scenic River; Advisory Councils; Administration; Authorization of
Appropriations
Sections 1, 2, 3, and 6 of Pub. L. 102-271 provided that the
designated portions of the Allegheny River were so designated in order
to preserve and protect for present and future generations outstanding
scenic, natural, recreational, scientific, historic, and ecological
values and to protect, preserve, and enhance the fisheries resources
associated with the designated segments, directed the Secretary of
Agriculture to establish advisory councils to advise the Secretary on
the establishment of final boundaries and management of river segments,
directed the Secretary of Agriculture to take the necessary steps for
the administration of the designated river segments, and authorized the
appropriation of the funds necessary to carry out Pub. L. 102-271, which
amended sections 1274 and 1276 of this title.
Oregon; Administration of Indian Treaty Lands and Authorization of
Appropriations for Wild and Scenic River Segments
Sections 105 and 106 of Pub. L. 100-557 provided for administration
of, and authorization of appropriations for, segments of the following
Oregon rivers: Big Marsh Creek, Chetco, Clackamas, Crescent Creek,
Crooked, Deschutes, Donner and Blitzen, Eagle Creek, Elk, Grant Ronde,
Imnaha, John Day, Joseph Creek, Little Deschutes, Lostine, Malheur,
McKenzie, Metolius, Minam, North Fork Crooked, North Fork John Day,
North Fork Malheur, North Fork of the Middle Fork of the Millamette,
North Fork Owyhee, North Fork Smith, North Fork Sprague, North Powder,
North Umpqua, Powder, Quartzville Creek, Roaring, Salmon, Sandy, South
Fork John Day, Squaw Creek, Sycan, Upper Rogue, Wenaha, West Little
Owyhee, and White.
South Dakota and Nebraska; Administration of Wild and Scenic River
Segments of Niobrara and Missouri Rivers
Pub. L. 102-50, Secs. 4-7, 8, formerly Sec. 9, May 24, 1991, 105
Stat. 255-258; Sec. 9 renumbered Sec. 8, Pub. L. 105-362, title IX,
Sec. 901(g)(2), Nov. 10, 1998, 112 Stat. 3290, set acreage limits on
lands acquired by Secretary of the Interior along the segments of the
Niobrara River designated under section 2 of Pub. L. 102-50, provided
for establishment of the Niobrara Scenic River Advisory Commission,
required establishment of a recreational river advisory group by
Secretary to be consulted in the administration of the segment of the
Missouri River designated under section 2 of Pub. L. 102-50, directed
that the designation of the river segment not place any additional
requirements on placement of bridges, authorized use of erosion control
techniques to protect water resource values along designated river
segment, called for study of feasibility and suitability of possible
designation of lands in Knox and Boyd Counties, Nebraska, as a national
recreation area, and authorized appropriation of sums necessary to carry
out provisions of Pub. L. 102-50.
West Virginia; Wild and Scenic River Segments of Bluestone and Meadow
Rivers; Public Awareness Program
Section 403 of Pub. L. 100-534 directed Secretary of the Interior to
establish a public awareness program to be carried out in Mercer,
Nicholas, and Greenbrier Counties, West Virginia, in cooperation with
State and local agencies, landowners, and other concerned organizations,
to further public understanding of the effects of designation as
components of National Wild and Scenic Rivers System of segments of
Bluestone and Meadow Rivers which were found eligible in studies
completed by National Park Service in August 1983 but which were not
designated as units of such system, with Secretary to submit a report to
Committee on Interior and Insular Affairs of United States House of
Representatives and to Committee on Energy and Natural Resources of
United States Senate by Dec. 31, 1992, describing the program.
Section Referred to in Other Sections
This section is referred to in sections 460gg, 460gg-4, 544k, 1275,
1277, 1278, 1279, 1280, 1283, 1285b, 1287 of this title.
