§ 544k. — Tributary rivers and streams.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544k]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544k. Tributary rivers and streams
(a) Water resources projects
The following rivers and streams shall be subject to the same
restrictions on the licensing, permitting, and exempting from licensing
and the construction of water resource projects as provided for
components of the National Wild and Scenic Rivers System pursuant to
section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)):
(1) any tributary river or stream to the Columbia River not
designated in subsections \1\ (c) or (d) of this section or
otherwise specified in this subsection which flows in whole or in
part through a special management area, unless the construction of a
water resources project would not have a direct and adverse effect
on the scenic, cultural, recreation, and natural resources of the
scenic area;
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\1\ So in original. Probably should be ``subsection''.
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(2) any river or river segment which flows in whole or in part
through the scenic area and which is established pursuant to State
law as a wild, scenic, or recreation river or which is under study
pursuant to State law for the potential inclusion in any such State
protected river system, unless such project or projects meet terms
and conditions set by State agencies exercising administration over
such river or river segment;
(3) the Wind River, Washington, for a period not less than three
years following the later of--
(A) final approval of the Gifford Pinchot National Forest
Plan, adopted pursuant to the National Forest Management Act of
1976 (Act of October 22, 1976, Public Law 94-588, as amended)
(16 U.S.C. 1600 et seq.); or
(B) submittal by the Secretary of a report to the President
on the suitability or nonsuitability for addition to the
national wild and scenic rivers system and a report by the
President to the Congress of recommendations and proposals with
respect to the designation of such river under the Wild and
Scenic Rivers Act [16 U.S.C. 1271 et seq.];
(4) the Hood River, Oregon, for a period not to exceed twenty
years from November 17, 1986, if such facility impounds or diverts
water other than by means of a dam or diversion existing as of
November 17, 1986; and
(5) the segment of the Little White Salmon, Washington, from the
Willard National Fish Hatchery to its confluence with the Columbia
River if such facility impounds or diverts water other than by means
of a dam or diversion existing as of November 17, 1986.
(b) Exceptions
The provisions of subsection (a) of this section shall not apply to
those portions of tributary rivers or streams to the Columbia River
which flow through or border on Indian reservations. Nothing in this
section shall apply to or affect any segment of any river designated as
a wild and scenic river under section 3 of the Wild and Scenic Rivers
Act (16 U.S.C. 1274) or any river designated for study under section 5
of such Act (16 U.S.C. 1276).
(Pub. L. 99-663, Sec. 13(a), (b), Nov. 17, 1986, 100 Stat. 4293, 4294.)
References in Text
Subsection (c) or (d) of this section, referred to in subsec.
(a)(1), is subsec. (c) or (d) of section 13 of Pub. L. 99-663, Nov. 17,
1986, 100 Stat. 4294, which amended sections 1274(a) and 1276(a),
respectively, of this title.
The National Forest Management Act of 1976, referred to in subsec.
(a)(3)(A), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended,
which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title,
amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this
title, repealed sections 476, 513, and 514 of this title, and enacted
provisions set out as notes under sections 476, 513, 528, 594-2, and
1600 of this title. For complete classification of this Act to the Code,
see Short Title of 1976 Amendment note set out under section 1600 of
this title and Tables.
The Wild and Scenic Rivers Act, referred to in subsec. (a)(3)(B), is
Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is
classified generally to chapter 28 (Sec. 1271 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1271 of this title and Tables.
Codification
Section 13 of Pub. L. 99-663, which enacted this section, consisted
of subsecs. (a) to (d). Subsecs. (a) and (b) of section 13 were
classified to this section, and subsecs. (c) and (d) of section 13
amended sections 1274 and 1276 of this title, respectively.
Section Referred to in Other Sections
This section is referred to in sections 544 to 544i, 544l to 544p of
this title.
