§ 1275. — Additions to national wild and scenic rivers system.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1275]
TITLE 16--CONSERVATION
CHAPTER 28--WILD AND SCENIC RIVERS
Sec. 1275. Additions to national wild and scenic rivers system
(a) Reports by Secretaries of the Interior and Agriculture;
recommendations to Congress; contents of reports
The Secretary of the Interior or, where national forest lands are
involved, the Secretary of Agriculture or, in appropriate cases, the two
Secretaries jointly shall study and submit to the President reports on
the suitability or nonsuitability for addition to the national wild and
scenic rivers system of rivers which are designated herein or hereafter
by the Congress as potential additions to such system. The President
shall report to the Congress his recommendations and proposals with
respect to the designation of each such river or section thereof under
this chapter. Such studies shall be completed and such reports shall be
made to the Congress with respect to all rivers named in section 1276(a)
(1) through (27) of this title no later than October 2, 1978. In
conducting these studies the Secretary of the Interior and the Secretary
of Agriculture shall give priority to those rivers (i) with respect to
which there is the greatest likelihood of developments which, if
undertaken, would render the rivers unsuitable for inclusion in the
national wild and scenic rivers system, and (ii) which possess the
greatest proportion of private lands within their areas. Every such
study and plan shall be coordinated with any water resources planning
involving the same river which is being conducted pursuant to the Water
Resources Planning Act [42 U.S.C. 1962 et seq.].
Each report, including maps and illustrations, shall show among
other things the area included within the report; the characteristics
which do or do not make the area a worthy addition to the system; the
current status of land ownership and use in the area; the reasonably
foreseeable potential uses of the land and water which would be
enhanced, foreclosed, or curtailed if the area were included in the
national wild and scenic rivers system; the Federal agency (which in the
case of a river which is wholly or substantially within a national
forest, shall be the Department of Agriculture) by which it is proposed
the area, should it be added to the system, be administered; the extent
to which it is proposed that such administration, including the costs
thereof, be shared by State and local agencies; and the estimated cost
to the United States of acquiring necessary lands and interests in land
and of administering the area, should it be added to the system. Each
such report shall be printed as a Senate or House document.
(b) Study of report by affected Federal and State officials;
recommendations and comments; transmittal to President and
Congress
Before submitting any such report to the President and the Congress,
copies of the proposed report shall, unless it was prepared jointly by
the Secretary of the Interior and the Secretary of Agriculture, be
submitted by the Secretary of the Interior to the Secretary of
Agriculture or by the Secretary of Agriculture to the Secretary of the
Interior, as the case may be, and to the Secretary of the Army, the
Secretary of Energy, the head of any other affected Federal department
or agency and, unless the lands proposed to be included in the area are
already owned by the United States or have already been authorized for
acquisition by Act of Congress, the Governor of the State or States in
which they are located or an officer designated by the Governor to
receive the same. Any recommendations or comments on the proposal which
the said officials furnish the Secretary or Secretaries who prepared the
report within ninety days of the date on which the report is submitted
to them, together with the Secretary's or Secretaries' comments thereon,
shall be included with the transmittal to the President and the
Congress.
(c) Publication in Federal Register
Before approving or disapproving for inclusion in the national wild
and scenic rivers system any river designated as a wild, scenic or
recreational river by or pursuant to an act of a State legislature, the
Secretary of the Interior shall submit the proposal to the Secretary of
Agriculture, the Secretary of the Army, the Secretary of Energy, and the
head of any other affected Federal department or agency and shall
evaluate and give due weight to any recommendations or comments which
the said officials furnish him within ninety days of the date on which
it is submitted to them. If he approves the proposed inclusion, he shall
publish notice thereof in the Federal Register.
(d) Areas comprised by boundaries; scope of study report
The boundaries of any river proposed in section 1276(a) of this
title for potential addition to the National Wild and Scenic Rivers
System shall generally comprise that area measured within one-quarter
mile from the ordinary high water mark on each side of the river. In the
case of any designated river, prior to publication of boundaries
pursuant to section 1274(b) of this title, the boundaries also shall
comprise the same area. This subsection shall not be construed to limit
the possible scope of the study report to address areas which may lie
more than one-quarter mile from the ordinary high water mark on each
side of the river.
(Pub. L. 90-542, Sec. 4, Oct. 2, 1968, 82 Stat. 909; Pub. L. 93-279,
Sec. 1(b)(1), May 10, 1974, 88 Stat. 122; Pub. L. 93-621, Sec. 1(d),
Jan. 3, 1975, 88 Stat. 2096; Pub. L. 94-486, title V, Sec. 501, Oct. 12,
1976, 90 Stat. 2330; Pub. L. 95-91, title III, Sec. 301(b), Aug. 4,
1977, 91 Stat. 578; Pub. L. 99-590, title V, Sec. 502, Oct. 30, 1986,
100 Stat. 3335.)
References in Text
The Water Resources Planning Act, referred to in subsec. (a), is
Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is
classified generally to chapter 19B (Sec. 1962 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1962 of Title 42
and Tables.
Amendments
1986--Subsec. (d). Pub. L. 99-590 added subsec. (d).
1976--Subsec. (b). Pub. L. 94-486 struck out provision which
directed that no river be added to the national wild and scenic river
system after October 2, 1968, until the close of the next full session
of the State legislature or legislatures, if more than one State was
involved, which began following submission of the proposed addition to
the President.
1975--Subsec. (a). Pub. L. 93-621, in first paragraph, designated
provision relating to the developments, which, if undertaken, would
render the rivers unsuitable for inclusion in the system as cl. (i), and
added cl. (ii).
1974--Subsec. (a). Pub. L. 93-279, in first paragraph, substituted
provisions requiring submission of reports to the President on the
suitability or nonsuitability for addition to the national wild and
scenic river system of rivers designated by Congress as potential
additions to such system, and submission by President of recommendations
and proposals to the Congress, for provisions for submission of
proposals to the President and the Congress, struck out reference to
section 1273(b) of this title and administration by an agency of the
United States, inserted provisions that the studies relating to rivers
named in section 1276(a) of this title be completed by Oct. 2, 1978, and
that the Secretary of the Interior and the Secretary of Agriculture give
priority to rivers which may be unsuitable for inclusion in the national
wild and scenic river system if developments were undertaken, and in
second paragraph, substantially incorporated the existing provisions
with minor changes.
Transfer of Functions
``Secretary of Energy'' substituted for ``Chairman of the Federal
Power Commission'' in subsecs. (b) and (c) pursuant to Pub. L. 95-91,
Sec. 301(b), which is classified to section 7151(b) of Title 42, The
Public Health and Welfare.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
