§ 1281. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1281]
TITLE 16--CONSERVATION
CHAPTER 28--WILD AND SCENIC RIVERS
Sec. 1281. Administration
(a) Public use and enjoyment of components; protection of features;
management plans
Each component of the national wild and scenic rivers system shall
be administered in such manner as to protect and enhance the values
which caused it to be included in said system without, insofar as is
consistent therewith, limiting other uses that do not substantially
interfere with public use and enjoyment of these values. In such
administration primary emphasis shall be given to protecting its
esthetic, scenic, historic, archeologic, and scientific features.
Management plans for any such component may establish varying degrees of
intensity for its protection and development, based on the special
attributes of the area.
(b) Wilderness areas
Any portion of a component of the national wild and scenic rivers
system that is within the national wilderness preservation system, as
established by or pursuant to the Wilderness Act [16 U.S.C. 1131 et
seq.], shall be subject to the provisions of both the Wilderness Act and
this chapter with respect to preservation of such river and its
immediate environment, and in case of conflict between the provisions of
the Wilderness Act and this chapter the more restrictive provisions
shall apply.
(c) Areas administered by National Park Service and Fish and Wildlife
Service
Any component of the national wild and scenic rivers system that is
administered by the Secretary of the Interior through the National Park
Service shall become a part of the national park system, and any such
component that is administered by the Secretary through the Fish and
Wildlife Service shall become a part of the national wildlife refuge
system. The lands involved shall be subject to the provisions of this
chapter and the Acts under which the national park system or national
wildlife system, as the case may be, is administered, and in case of
conflict between the provisions of this chapter and such Acts, the more
restrictive provisions shall apply. The Secretary of the Interior, in
his administration of any component of the national wild and scenic
rivers system, may utilize such general statutory authorities relating
to areas of the national park system and such general statutory
authorities otherwise available to him for recreation and preservation
purposes and for the conservation and management of natural resources as
he deems appropriate to carry out the purposes of this chapter.
(d) Statutory authorities relating to national forests
The Secretary of Agriculture, in his administration of any component
of the national wild and scenic rivers system area, may utilize the
general statutory authorities relating to the national forests in such
manner as he deems appropriate to carry out the purposes of this
chapter.
(e) Cooperative agreements with State and local governments
The Federal agency charged with the administration of any component
of the national wild and scenic rivers system may enter into written
cooperative agreements with the Governor of a State, the head of any
State agency, or the appropriate official of a political subdivision of
a State for State or local governmental participation in the
administration of the component. The States and their political
subdivisions shall be encouraged to cooperate in the planning and
administration of components of the system which include or adjoin
State- or county-owned lands.
(Pub. L. 90-542, Sec. 10, Oct. 2, 1968, 82 Stat. 916.)
References in Text
The Wilderness Act, referred to in subsec. (a), is Pub. L. 88-577,
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally
to chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
The Acts under which the national park system and the national
wildlife system are administered, referred to in subsec. (c), are
classified generally to this title.
Codification
The first reference to the Wilderness Act in subsec. (b) was in the
original a reference to the Act of September 3, 1964 (78 Stat. 890).
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior and Secretary or other official
in Department of Agriculture under this chapter to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, and subsequent transfer to Secretary of Energy, see note set out
under section 1278 of this title.
Management of Segment of Salmon River Designated as Component of Wild
and Scenic River System Located Within Frank Church--River of No Return
Wilderness or Gospel-Hump Wilderness
Pub. L. 96-312, Sec. 9(b), July 23, 1980, 94 Stat. 953, as amended
Pub. L. 98-231, Sec. 1, Mar. 14, 1984, 98 Stat. 60, provided: ``That
segment of the main Salmon River designated as a component of the Wild
and Scenic Rivers System by this Act [see 16 U.S.C. 1274(a)(24)], which
lies within the Frank Church--River of No Return Wilderness or the
Gospel-Hump Wilderness designated by Public Law 95-237 [Pub. L. 95-237,
Sec. 4, Feb. 24, 1978, 92 Stat. 43], shall be managed under the
provisions of the Wild and Scenic Rivers Act, as amended [16 U.S.C. 1271
et seq], and the regulations promulgated pursuant thereto,
notwithstanding section 10(b) of the Wild and Scenic Rivers Act [16
U.S.C. 1281(b)] or any provisions of the Wilderness Act [16 U.S.C. 1131
et seq.] to the contrary.''
Section Referred to in Other Sections
This section is referred to in section 1274 of this title.
