§ 1284. — Existing State jurisdiction and responsibilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1284]
TITLE 16--CONSERVATION
CHAPTER 28--WILD AND SCENIC RIVERS
Sec. 1284. Existing State jurisdiction and responsibilities
(a) Fish and wildlife
Nothing in this chapter shall affect the jurisdiction or
responsibilities of the States with respect to fish and wildlife.
Hunting and fishing shall be permitted on lands and waters administered
as parts of the system under applicable State and Federal laws and
regulations unless, in the case of hunting, those lands or waters are
within a national park or monument. The administering Secretary may,
however, designate zones where, and establish periods when, no hunting
is permitted for reasons of public safety, administration, or public use
and enjoyment and shall issue appropriate regulations after consultation
with the wildlife agency of the State or States affected.
(b) Compensation for water rights
The jurisdiction of the States and the United States over waters of
any stream included in a national wild, scenic or recreation river area
shall be determined by established principles of law. Under the
provisions of this chapter, any taking by the United States of a water
right which is vested under either State or Federal law at the time such
river is included in the national wild and scenic rivers system shall
entitle the owner thereof to just compensation. Nothing in this chapter
shall constitute an express or implied claim or denial on the part of
the Federal Government as to exemption from State water laws.
(c) Reservation of waters for other purposes or in unnecessary
quantities prohibited
Designation of any stream or portion thereof as a national wild,
scenic or recreational river area shall not be construed as a
reservation of the waters of such streams for purposes other than those
specified in this chapter, or in quantities greater than necessary to
accomplish these purposes.
(d) State jurisdiction over included streams
The jurisdiction of the States over waters of any stream included in
a national wild, scenic or recreational river area shall be unaffected
by this chapter to the extent that such jurisdiction may be exercised
without impairing the purposes of this chapter or its administration.
(e) Interstate compacts
Nothing contained in this chapter shall be construed to alter,
amend, repeal, interpret, modify, or be in conflict with any interstate
compact made by any States which contain any portion of the national
wild and scenic rivers system.
(f) Rights of access to streams
Nothing in this chapter shall affect existing rights of any State,
including the right of access, with respect to the beds of navigable
streams, tributaries, or rivers (or segments thereof) located in a
national wild, scenic or recreational river area.
(g) Easements and rights-of-way
The Secretary of the Interior or the Secretary of Agriculture, as
the case may be, may grant easements and rights-of-way upon, over,
under, across, or through any component of the national wild and scenic
rivers system in accordance with the laws applicable to the national
park system and the national forest system, respectively: Provided, That
any conditions precedent to granting such easements and rights-of-way
shall be related to the policy and purpose of this chapter.
(Pub. L. 90-542, Sec. 13, Oct. 2, 1968, 82 Stat. 917.)
