§ 1286. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1286]
TITLE 16--CONSERVATION
CHAPTER 28--WILD AND SCENIC RIVERS
Sec. 1286. Definitions
As used in this chapter, the term--
(a) ``River'' means a flowing body of water or estuary or a section,
portion, or tributary thereof, including rivers, streams, creeks, runs,
kills, rills, and small lakes.
(b) ``Free-flowing'', as applied to any river or section of a river,
means existing or flowing in natural condition without impoundment,
diversion, straightening, rip-rapping, or other modification of the
waterway. The existence, however, of low dams, diversion works, and
other minor structures at the time any river is proposed for inclusion
in the national wild and scenic rivers system shall not automatically
bar its consideration for such inclusion: Provided, That this shall not
be construed to authorize, intend, or encourage future construction of
such structures within components of the national wild and scenic rivers
system.
(c) ``Scenic easement'' means the right to control the use of land
(including the air space above such land) within the authorized
boundaries of a component of the wild and scenic rivers system, for the
purpose of protecting the natural qualities of a designated wild, scenic
or recreational river area, but such control shall not affect, without
the owner's consent, any regular use exercised prior to the acquisition
of the easement. For any designated wild and scenic river, the
appropriate Secretary shall treat the acquisition of fee title with the
reservation of regular existing uses to the owner as a scenic easement
for purposes of this chapter. Such an acquisition shall not constitute
fee title ownership for purposes of section 1277(b) of this title.
(Pub. L. 90-542, Sec. 16, formerly Sec. 15, Oct. 2, 1968, 82 Stat. 918;
Pub. L. 93-279, Sec. 1(c), May 10, 1974, 88 Stat. 123; renumbered Pub.
L. 96-487, title VI, Sec. 606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L.
99-590, title V, Sec. 510, Oct. 30, 1986, 100 Stat. 3337.)
Amendments
1986--Subsec. (c). Pub. L. 99-590 inserted provisions relating to
function of appropriate Secretary with respect to acquisition of fee
title.
1974--Subsec. (c). Pub. L. 93-279 substituted ``within the
authorized boundaries of a component of the wild and scenic rivers
system, for the purpose of protecting the natural qualities of a
designated wild, scenic or recreational river area'' for ``for the
purposes of protecting the scenic view from the river''.
