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PUBLIC LAW 90-541-0CT. I, 1968
[82
STAT.
Public Law 90-541
October 1, 1968
[H.J. Res, 1461]
Continuing appropriations,
1969.
Ante, p. 475.
JOINT RESOLUTION
Making continuing appropriations for the fiscal year 1969, and for other purposes.
Resolved by the Senate and House of Representatimes of tlie United
States of America in Congress assernbled, That clause (c) of section
102 of the joint resolution of June 29, 1968 (Public Law 90-366), is
hereby further amended by striking out "September 30, 1968" and
inserting in lieu thereof "October 12, 1968".
Approved October 1, 1968.
Public Law 90-542
October 2, 1968
[S. 119]
-----Wild and Scenic
Rivers Act.
National wild
and s cenie: rivers
system.
AN ACT
To proYide for a Xational Wild and Scenic Rivers System, and for other purPoses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) this Act
may be cited as the "vVild and Scenic Rivers Act".
(b) It is hereby declared to be the policy of the United States that
certain selected rivers of the Nation which, with their immediate
environments, possess outstandin~ly remarkable scenic, recreational,
geologic, fish and wildlife, historic, cultural, or other similar values,
shall be preserved in free-flowing condition, and that they and their
immediate environments shall be protected for the benefit and enjoyment of l?resent and future generations. The Congress declares that
the established national policy of dam and other construction at appropriate sections of the rivers of the United States needs to be complemented by a policy that would preserve other selected rivers or
sections thereof m their free-flowing condition to protect the water
quality of such rivers and to fulfill other vital national conservation
purposes.
,
( c) The purpose of this Act is to implement this policy by instituting a national wild and scenic rivers system, by designating the initial
components of that S,Ystem, and by prescribing the methods by which
and standards accordmg to which additional components may be added
to the system from time to time.
SEc. 2. (a) The national wild and scenic rivers system shall comprise
rivers (i) that are authorized for inclusion therein by Act of Congress,
or (ii) that are designated as wild, scenic or recreational rivers by or
pursuant to an act of the legislature of the State or States through
which they flow, that are to be permanently administered as wild,
scenic or recreational rivers by an agency or political subdivision of
the State or States concerned without expense to the United States,
that are found by the Secretary of the Interior, upon application of
the Governor of the State or the Governors of the States concernerimitive and shorelines largely undeveloped, but accessible in places by roads.
( 3) Recreational river areas-Those rivers or sections of rivers
that are readily accessible by road or railroad, that may have some
dernlopment along their shorelines, and that may lun·e undergone
some impoundment or diversion in the past.
fh::c. a (a) The following riwrs and the land ad.jacent thereto are National w_ud
·
d as components o f t h e nat10na
·
l WI"}d an d seen re
· rn·ers
·
and scenic rivers
hereb y d esrgnate
components.
system:
(1) CLEARWATER, MIDDLE FoRK, foAHo.-The Middle Fork from the
town of Kooskia upstream to the town of Lowell; the Lochsa River
from its junction with the Selway at Lowell forming the Middle Fork,
upstream to the Powell Ranger Station; and the Selway River from
Lowell upstream to its origin; to be administered by the Secretary of
Agriculture.
(2) ELEVEN POINT, Missoum.-The segment of the river extending
downstream from Thomasville to State Highway 142; to be administered by the Secretary of Agriculture.
(a) FEATHER, CALIFORNIA.-The eutire ::\fiddle Fork; to be administered by the Secretary of Agriculture.
(4) Rro GRANDE, NF:w MExico.-The !:egment extending from the
Colorado State line downstream to the State Highway 96 crossing, and
the lower four miles of the Red River; to be administered by the
Secretary of the Interior.
.
(5) Room, 0REGON.-The segment of the river extending from the
mouth of the Applegate River downstream to the Lobster Creek
Bridge; to be administered by agencies of the Departments of the In-
HeinOnline -- 82 Stat. 907 1968
908
Publication in
Federa 1 Register.
PUBLIC LAW 90-542-0CT. 2, 1968
[82
STAT.
terior or Agriculture as agreed upon by the Secretaries of said Departments or as directed by the President.
(6) SAINT CROIX, MINNESOTA AND W1scoNSIN.-The segment between the dam near Taylors Falls, Minnesota, and the dam near
Gordon, Wisconsin, and its tributary, the Namekagon, from Lake
~ amekagon downstream to its confluence with the Saint Croix; to be
administered by the Secretary of the Interior: Pro1•ided, That except
ns may be required in connection with items (a) and (b) of this
paragraph, no funds available to carry out the provisions of this Aot
may be expended for the acquisition or development of lands in connection with, or for administration under this Act of, that portion of
the Saint Croix River between the dam near Taylors Falls, Minnesota, and the upstream end of Big Island in Wisconsin, until sixty
days after the date on which the Secretary has transmitted to the
President of the Senate and Speaker of the House of Representatives
a proposed cooperative agreement between the Northern States Power
Company and the United States (a) whereby the company agrees to
convey to the United States, without charge, appropriate interests
in certain of its lands between the dam near Taylors Falls, Minnesota,
and the upstream end of Big Island in Wisconsin, including the company's right, title, and interest to approximately one hundred acres
per mile, and (,b) providing for the use and development of other lands
and interests in land retained by the company between said points adjacent to t.he river in a manner which shall complement and not be inconsistent with the purposes for which the lands and interests in land
donated by the company are administered under this Act. Said agreement may also include provision for State or local governmental participation as authorized under subsection ( e) of section 10 of this Act.
(7) SALMON, MIDDLE FORK, loAHo.-From its origin to its confluence with the main Salmon River; to be administered by the Secretary
of Agriculture.
(8) WoLF, WrscoNSIN.-From the La,nglade-Menominee County
line downstream to Keshena FaJls; to be administered by the Secretary
of the Interior.
(b) The agency charged with the administration of each component
of the national wild and scenic rivers system designated by subsection
(a) of this-section sf1ii~-~\;Jthin one year from the date of this Aet,
establish detailed boundaries therefor (which boundaries shall include
an average of not more than three hundred and twenty acres per mile
on both sides of the river); determine whi~h of the classe'l outlined in
section 2, subsection ( b), of this Act best fit the river or its various
segments; and prepare a plan for necessary developments in connection
,vith its administration in accordance with such classification. Said
~oundaries, classification, and development plans shall be published
m the Federal Register and shall not become effective until ninety
days after they have been forwarded to the President of the Senate
and the Speaker of the House of Representatives.
HeinOnline -- 82 Stat. 908 1968
82 STAT.]
PlJtsLiC LAW 90-542-0CT. 2, 1968
SEc. 4. (a) 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 from time to time
submit to the President and the Congress proposals for the addition
to the nationnJ wild and scenic ri,·er-, system of ri,·ers which are designated herein or hereafter by the Congress as potential additions to
such system; which, in his or their judgment, fall within one or more of
the classes set out in section 2, subsection (b), of this Act; and which
are proposed to be administered, wholly or partially, by an agency of
the l:"nited States. Every such study and plan shall be coordinated with
any water resources planning i1wolving the same ri~·er which is being
conducted pursuant to the ·water Resources Planmng Act ( 79 Stat.
fil4; 42 lT.S.C. 1962 et seq.).
Each proposal shall be accompanied by a report, including maps and
illustrations, showing among other things the are.a included within the
proposal; the characteristics which make the area a worthy addition to
the system; the current status of landownership and usl' 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 be administered; the extent to which it is proposed that administration, including the costs thereof, oe shared by
State and loca.J agencies; and the estimated cost to the rnited States
of acquiring necessary lands and interests in land and of administ~ring
the area as a component of the system. Each such report shall be prmted
as a Senate or House document.
(b) Before submitting any such report to the President and the Congress, copies of the proposed report shall, unless it was prepared
joinitly by the Secretary of the Interior and the Secretary of Agriculture, be submitted by the Secretary o:f the Interior to the Secretary of
Agriculture or by the Secretary o:f Agriculture to the Secretary o:f
the Interior, as the case may be, and tJo the Secretary o:f the Army, the
Chairman of the Federal Power Commission, the head o:f any other
affected Federal department or agency and, unles.s 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 o:f 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 oommenrt:s on the proposal which the said officials furnish the Secretary or Secretaries who prepared the report within ninety days of the
date on whi.ch the report is submitted to them, together with the Secretary's or Secretaries' comments thereon, shall be induded with the
transro'ittal to the President and the Oongress. No river or portion of
any river shall be added to the national wild and scenic ri ,·ers system
subsequent to enactment o:f this Act until the close o:f the next full
session o:f the State legislature, or legislatures in case more than one
HeinOnline -- 82 Stat. 909 1968
Report, maps,
etc.
Printing as
~~:::e~~-House
. 910
Publication in
Federal Register.
Potential additions, designation.
PUBLIC LAW 90-542-0CT. 2, 1968
[82
STAT.
State is involved, which oogins following the submission of any recommendation to the President with respect to such addition as herein
provided.
(c) 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 o:f the Army, the Chairman o:f the Federal
Power Commission, and the head of an_y 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 oft he date on which it is ,submitted to them. If he approves
the proposed inclusion, he shall publish notice thereof in the Federal
Register.
SEc. 5. (a) The :following rivers are hereby designated for potential
addition to the national wild and scenic rivers system :
(li) Allegheny, Pennsylvania: The segment :from its mouth to the
town of East Brady, Pennsylvania.
(2) Bruneau, Idaho: The entire main stem.
( 3) Buffalo, Tennessee: The entire river.
( 4) Chattooga, North Carolina, South Carolina, and Georgia: The
entire river.
( 5) Clarion, Pennsylvania: The segment between Ridgway and its
confluence with the Allegheny River.
(6) DeJaware, Pennsylvania and New York: The segment :from
Hancock, New York, to Matamoras, Pennsylvania.
(7) Flathead, Montana: The North For k from the Canadian border
downstream to its confluence with the Middle Fork; the Middle Fork
from its headwaters to its confluence with the South Fork; and the
South Fork from i.tsorigin to Hungry Horse Reservoir.
(8) Gasconade, Missouri: The entire river.
(9) Illinois, Oregon: The entire river.
(10) Little Beaver, Ohio: The segment of the North and Middle
Forks of the Little Beaver River in Columbiana County from a point
in the vicinity of N egly and Elkton, Ohio, downstream to a point in
the vicinity of East Liverpool, Ohio.
(11) Little Miami, Ohio: That segment o:f the main stem o:f the
river, exclusive o:f its tri'butaries, from a point &t the Warren-Clermont County line at Loveland, Ohio, upstream to the sources o:f Little
Miami including North Fork.
(12) Maumee, Ohio and Indiana: The main stem from Perrysburg,
Ohio, to Fort ·wayne, Indiana, exclusive o:f its tributaries in Ohio and
inclusive of its tributaries in Indiana.
(13) Missouri, Montana: The segment ootween Fort Benton and
Ryan Island.
(14) Moyie, Idaho: The segment from the Canadian border to its
confluence with the Kootenai River.
( 15) Obed, Tennessee: The entire river and its tributaries, Clear
Creek and Daddys Creek.
( 16) Penobscot, Maine: Its east and west branches.
(17) Pere Marquette, Michigan: The entire river.
(18) Pine Creek, Pennsylvania: The segment from Ansonia to
Waterville.
(19) Priest, Idaho: The entire main stem.
(20) Rio Grande, Texas: The portion of the river between the west
boundary o:f Hudspeth County and the east boundary of Terrell
County on the United States side o:f the river: Provided, That before
undertaking any study o:f this potential scenic river, ,the Secretary
o:f the Interior shall determine, through the channels o:f appropriate
0
HeinOnline -- 82 Stat. 910 1968
82
STAT.]
911
PUBLIC LAW 90-542-0CT. 2, 1968
executirn agencies, that }iexico has no objection to its being included
among the studies authorized by this Act.
( 21) Saint Croix, :Minnesota and 1Visconsin: The segment between
the dam near Taylors Falls and its confluence with the Mississippi
River.
(22) Saint .Joe, Idaho: The entire main stem.
(23) Salmon, Idaho: The segment from the town of North Fork
to its confluence with the Snake River.
(24) Skagit, 1Vashington: The segment from the town of Mount
Vernon to and including the mouth of Bacon Creek; the Cascade River
between its mouth and the junction of its North and South Forks; the
South Fork to the boundary of the Glacier Peak ,vilderness Area; the
Suiattle Riv'er from its mouth to the Glacier Peak 1Vilderness Area
boundary at Milk Creek~ the Sauk River from its mouth to its junction
with Elliott Creek; the North Fork of the Sauk River from its junction
with the South Fork of the Sauk to the Glacier Peak ,vilderness Area
boundary.
(25) Suwannee, Georgia and Florida: The entire rirnr from its
source in the Okefenokee Swamp in Georgia to the gulf and the outlying Ichetucknee Springs, Florida.
(26) Uppe1· Iowa, Iowa: The entire rirnr.
(27) Youghiogheny, Maryland and Pennsylnmia: The segment
from Oakland, Maryland, to the Y oughiogheny Reservoir, and from
the Youghiogheny Dam downstream to the town of Connellsville,
Pennsv kania.
(b) ·The Secretary of the Inwrior and, wherP national forest lands
are invoh·ed, the Secretary of Agriculture shall proceed as expeditiously as possible to study each of the rivers named in subsection (a)
of this sect10n in order to detennine whether it should be included in the
1iational wild and scenic rivers system. Such studies shall be completed
and reports made thereon to the President and the Congress, as pro,·ided in section 4 of this Act, within ten years from the da.te of this
Act: Pro1•ided. ho1N'.1·er. That with respect to the Suwannee River,
Georgia and Florida, and the C'pper Iowa River, Iowa, such study
shall be completed and reports made thereon to the President and the
Congress, as prm·ided in section 4 of this Act, within two years from
the da,te of enactment of this Act. In conducting these studies the Sec1·etary of the Interior and the Secretary of Agriculture shall give
priority to those rivers wi!h respect to which there is the greatest likelihood of developments wluch, if undertaken, would render them unsuitable for inclusion in the national wild and scenic rivers system.
( c) The study of any of said rivers shall be pursued in as close
cooperation with appropriate agencies of the affected State and its
political subdivisions as possible, shall be carried on jointly with such
agencies if request for such joint study is made by the State, and shall
include a determination of the degree to which the State or its political
subdivisions might participate in the preservation and admimstration
of the river should it be proposed for inclusion in the national wild
and scenic rivers system.
( d) In all planning for the use and development. of water and
related land resources, consideration shall be given by all Federal
agencies involved to potential national wild, scenic and recreational
river areas, and all river basin and project plan reports submitted to
the Congress shall consider and discuss any such potentials. The Secretary of the Interior and the Secretary of Agriculture shall make sP.ecific studies and investigations to determine which additional wild,
scenic and recreational river areas within the United States shall be
evaluated in planning reports by all Federal agencies as potential
alternative uses of the water and related ]and resources involved.
HeinOnline -- 82 Stat. 911 1968
Studies.
912
Land acquisition.
PUBLIC LAW 90-542-0CT. 2, 1968
[82 STAT.
SEC. 6. (a) The Secretary of the Interior and the Secretary of Agriculture are each authorized to acquire lands and interests in land
within the authorized boundaries of any component of the national
wild and scenic rivers system designated in section 3 of this Act, or
hereafter designated for inclusion in the system by Act of Congress,
11·hich is administered by him, but he shall not acquire fee title to an
average of more than 100 acres per mile on both sides of the river.
Lands owned by a State may be acquired only by donation, and lands
owned by an Indian tribe or a political subdivision of a State may not
he acquired without the consent of the appropriate governing body
thereof as long as the Indian tribe or political subdivis10n is following
a plan for management and protection of the lands which the Secretary
finds protects the land and assures its use for purposes consistent with
this Act. Money appropriated for Federal purposes from the land
and water conservation fund shall, without prejudice to the use of
appropriations from other sources, be available to Federal departments
and agencies for the acquisition of property for the purposes of this
Act.
(b) If 50 per centum or more of the entire acreage within a federally
administered wild, scenic or recreational river area is owned by the
United States, by the State or States within which it lies, or by
political subdivisions of those States, neither Secretary shall acquire
fee title to any lands by condemnation under authority of this Act.
Nothing contained in this section, however, shall preclude the use of
condemnation when necessarv to clear title or to acquire scenic easements or such other easements as are reasonably necessary to give the
public access to the river and to permit its members to traverse the
length of the area or of selected segments thereof.
( c) Neither the Secretary of the Interior nor the Secretary of Agriculture may acquire lands by condemnation, for the purpose of including such lands m any national wild, scenic or recreational river area,
if such lands are located within any incorporated city, village, or
borough which has in force and applicable to such lands a duly
adopted, valid zoning ordinance that conforms with the purposes of
this Act. In order to carry out the provisions of this subsection the
appropriate Secretary shall issue guidelines, specifying standards for
local zoning ordinances, which are consistent with the purposes of this
~\.ct. The standards specified in such guidelines shall have the object
of (A) prohibiting new commercial or industrial uses other than commercial or industrial uses which are consistent with the purposes of
this Act, and (B) the protection of the bank lands by means of acreage, frontage, and setback requirements on development.
(d) The appropriate Secretary is authorized to accept title to nonFederal property within the authorized boundaries of any federally
administered component of the national wild and scenic rivers system
designated in section 3 of this Act or hereafter designated for incluHion in the system by Act of Congress and, in exchange therefor, convey to the grantor any federally owned property which is under his
jurisdiction within the State in which the component lies and which he
classifies as suitable for exchange or other disposal. The values of the
properties so exchanged either shall be approximately equal or, if they
are not approximately equal, shall be equalized by the payment of cash
to the grantor or to the Secretary as the circumstances require.
( e) The head of any Federal department or agency having administrative jurisdiction over any lands or interests m land within the authorized boundaries of any federally administered component of the
national wild and scenic rivers system designated in section 3 of this
Act or hereafter designated for inclusion in the system by Act of Congress in authorized to transfer to the appropriate secretary jurisdic-
HeinOnline -- 82 Stat. 912 1968
82
STAT.]
PUBLIC LAW 90-542-0CT. 2, 1968
913
tion over such lands for administration in accordance with the provisions of this Act. Lands acquired by or transferred to the Secretary of
Agriculture for the purposes of this Act within or adjacent to a national forest shall upon such acquisition or transfer become national
forest lands.
(f) The appropriate Secretary is authorized to accept donations of
lands and interests in land, funds, and other property for use in connection with his administration of the national wild and scenic rivers
system.
(g) ( 1) Any owner or owners (hereinafter in this subsection referred
to as "owner") of improved property on the date of its acquisition, may
retain for themselves and their successors or assigns a ri~ht of use and
occupancy of the improved property for noucommercia.l residential
purposes for a definite. term not to excee? twenty-five years or, in lieu
thereof, for a term endmg at the death of the owner, or the death of his
spouse, or the death of either or both of them. The owner shall elect the
term to be reserved. The appropriate Secretary shall pa.y to the owner
the fair market value of the property on the date of such acquisition
less the fair market value on such date of the right retained by the
owner.
of use and occupancy retained pursuant to this subsec- occupancy.
Right of use and
( 2) A ri2"ht
.._,
tion shall be subject to termination whenever the appropriate Secretary
is given reasonable cause to find that such use and occupancy is being
exercised in a manner which conflicts with the purposes of this Act. In
the event of such a finding, the Secretary shall tender to the holder of
that right an amount equal to the fair market value of that portion of
the right which remains unexpired on the date of termination. Such
right of use or occupancy shall terminate by operation of law upon
tender of the fair market price.
(3) The term "improved property" as used in this Act means a "Improved
detached, one-family dwelling (hereina'fter referred to as "d;elling"), property."
the construction of which "·as beF,1:n before January 1, 1967, together
with so much of the land on which the dwelling is situated, the said
land being in the same ownership as the d"·elling, as the appropriate
Secretary shall designate to be reasonably necessary for the enjoyment
of the dwelling for the sole purpose of noncomme.rcial residential use,
together with any structures accessory to the dwelling which are situa.ted on the land so designated.
SEC. 7. (a) The Federal Power Commission shall not license the '"'.ater resour_ces
' o f any d am, water cond mt,
· reservoir,
· powerh ouse, trans- tions.
proiects, restricronstrUChOll
mission line, or other project works under the Federal Power Act (41
Stat. 1063), as amended ( 16 U.S.C. 791a et seq.), on or directly affecting any river which is designated in section 3 of this Act as a component of the national wild and scenic rivers system or which is
hereafter designated for inclusion in that system, and no department
or agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources l?roject that would
have a direct and adverse effect on the values for whwh such river was
established, as determined by the Secretary charged with its administration. Nothing contained in the foregoing sentence, however, shall
preclude licensing of, or assistance to, developments below or above
a wild, scenic or recreational river area or on any stream tributary
thereto which will not invade the area or unreasonably diminish the
scenic, recreational, and fish and wildlife values present in the area
on the date of approval of this Act. No department or agency of the
United States shall recommend authorization of any water resources
projeci; that would have a direct and adverse effect on the values for
which such river was established, as determined by the Secretary
charged with its administration, or request appropriations to begin
HeinOnline -- 82 Stat. 913 1968
914
49 Stat. 86 3.
16 use 791 a.
Publication in
Federal Register.
PUBLIC LAW 90-542-0CT. 2, 1968
[82
STAT.
construction of any such project, whether heretofore or hereafter
authorized, without advising the Secretary of the Interior or the
Secretary of Agriculture, as the case may be, in writing of its intention so to do at least sixty days in advance, and without specifically
reporting to the Congress in writing at the time it makes its recommendation or re9.uest in what respect construction of such project
would be in confhct with the purposes of this Act and would affect
the component and the values to be protected by it under this Act.
(b) The Federal Power Commission shall not license the construction
of any dam, water conduit, reservoir, powerhouse, transmission line,
or other project works under the Federal Power Act, as amended, on
or directly affecting any river which is listed in section 5, subsection
(a), of this Act, and no department or agency of the I:"nited States
shall assist by loan, grant, license, or otherwise in the construction of
any water resources project that would have a direct and adverse
effect on the values for which such river might be designated, as
determined by the Secretary responsible for its study or approval( i) during the five-year period following enactment of this Act
unless, prior to the expirat10n of said period, the Secretary of the
Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, conclude that such river
should not be included in the national wild and scenic rivers
system and publish notice to that effect in the Federal Register,
and
(ii) during such additional period thereafter as, in the case of
any river which is recommended to the President and the Congress
for inclusion in the national wild and scenic rivers system, is
necessary for congressional consideration thereof or, in the case
of any river recommended to the Secretary of the Interior for
inclusion in the national wild and scenic rivers system under
section 2(a) (ii) of this Act, is necessary for the Secretary's consideration thereof, which additional period, however, shall not
exceed three years in the first case and one year in the second.
Nothing contained in the foregoing sentence, however, shall preclude
licensing of, or assistance to, developments below or above a potential
wild, scenic or recreational river area or on any stream tributary
thereto which will not invade the area or diminish the scenic, recreational, and fish and wildlife values present in the potential wild,
scenic or recreational river area on the date of approval of this Act.
No department or agency of the United States shall, during the periods
hereinbefore specified, recommend authorization of any water
resources project on any such river or request appropriations to begin
construction of any such project, whether heretofore or hereafter
authorized, without advising the Secretary of the Interior and, where
national forest lands are involved, the Secretary of Agriculture in
writing of its intention so to do at least sixty days in advance of doing
so and without specHically reporting to the Congress in writing at the
time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this
Act and would affect the component and the values to be protected by
it under this Act.
( c) The Federal Power Commission and all other Federal agencies
shall, promptly upon enactment of this Act, inform the Secretary of
the Interior and, where national forest lands are involved, the Secretary of Agriculture, of any proceedings, studies, or other activities
within their jurisdiction which are now in pro~ress and which affect or
may affect any of the rivers specified in sect10n 5, subsection (a), of
this Act. They shall likewise inform him of any such [roceedings,
studies, or other activities which are hereafter commence or resumed
before they are commenced or resumed.
HeinOnline -- 82 Stat. 914 1968
82 STAT.]
PUBLIC LAW 90-542-0CT. 2, 1968
( d) Nothing in this section with respect to the making of a loan or
grant shall apply to grants made under the Land and \Yater Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-5 et seq.).
SEc. 8. (a) All public lands within the authorized boundaries of any
eomponent of the national wild and scenic rivers system which is
designated in section 3 of this Act or which is hereafter designated for
inclusion in that system are hereby withdrawn from entry, sale, or
other disposition under the public land laws of the United States.
(b) All public lands which constitute the bed or bank, or are within
one-quarter mile of the bank, of any river which is listed in section 5,
subsection (a), of this Act are hereby withdrawn from entry, sale, or
other disposition under the public land laws of the United States for
the periods specified in section 7, subsection ( b), of this Act.
SEc. 9. (a) Nothing in this Act shall affect the applicability of the _Mining and_
United States mining and mineral leasing laws withm components of : 1;:rai ieasmg
the national wild and scenic rivers system except that( i) all prospecting, mining operations, and other activities on
mining claims which, in the case of a component of the system
designated in section 3 of this Act, have not heretofore been perfected or which, in the case of a component hereafter designated
pursuant to this Act or any other Act of Congress, are not perfected before its inclusion in the system and all mining operat10ns
and other activities under a mineral lease, license, or permit issued
or renewed after inclusion of a component in the system shall be
subject to such regulations as the Secretary of the Interior or, in
the case of national forest lands, the Secretary of Agriculture may
prescribe to effectuate the purposes of this Act;
(ii) subject to valid existing rights, the perfection of, or issuance of a patent to, any mining claim affecting lands within the
system shall confer or convey a right or title only to the mineral
deposits and such rights only to the use of the surface and the
surface resources as are reasonably required to carrying on prospecting or mining operations and are consistent with such regulations as may be prescribed by the Secretary of the Interior or, in
the case of national forest lands, by the Secretary of Agriculture;
and
(iii) subject to valid existing rights, the minerals in Federal
lands ,vhich are part of the system and constitute the bed or bank
or are situated within one-quarter mile of the bank of any river
designated a wild river under this Act or any subsequent Act are
hereby withdrawn from all forms of appropriation under the
mining laws and from operation of the mineral leasing laws
including, in both cases, amendments thereto.
Regulations ISSued pursuant to paragraphs ( i) and (ii) of this subsection shall, among other things, provide safeguards against pollution of
the river involved and unnecessary impairment of the scenery within
the component in question.
(b) The minerals in any Federal lands which constitute the bed or
bank or are situated within one-quarter mile of the bank of any river
,vhich is listed in section 5, subsection (a) of this Act are hereby withdrawn from all forms of appropriation under the mining laws during the periods specified in section 7, subsection (b) of this Act.
Nothing contained in this subsection shall be construed to forbid
prospecting or the issuance or leases, licenses, and permits under the
mineral leasing laws subject to such conditions as the Secretary of
the Interior and, in the case of national forest lands, the Secretary of
Agriculture find appropriate to safeguard the area in the event it
is subsequently included in the system.
HeinOnline -- 82 Stat. 915 1968
915
916
PUBLIC LAW 90-542-0CT. 2, 1968
Administration.
16 use 1131
note.
State or local
governments, co-
operative agreements.
State end local
projects, financial
assistance.
16
use
460l-4
note.
16 use 46ol460l-J.
[82
STAT,
SEc. 10. (a) 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) 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 Act of September 3, 1964 (78
Stat. 890; 16 P.S.C., ch. 23), shall be subject to the provisions of both
the Wilderness Act and this Act with respect to preserva:tion of such
river and its immediate environment, and in case of conflict between
the provisions of these Acts the more restrictive provisions shall
apply.
( c) 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 Act and the Acts under which the national park
sysoom or imtional wildlife system, as the case may be, is administered,
and in case of conflict between the provisions of these 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 authonties
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 purJ?oses o:f this Act.
( d) The Secretary of Agriculture, m 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 Act.
( e) 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 plannin~ and administration of components of the system which include or adJoin State- or
county-owned lands.
SEC, 11. (a) The Secretary of the Interior shall encourage and assist
the States to consider, in formulating and carrying out their comprehensive statewide outdoor recreation plans and proposals for financing
assistance for State and local projects submitted pursuant to the Land
and Water Conservation Fund Act o:f 1965 (78 Stat. 897), needs and
opportunities for establishing State and local wild, scenic and recreational river areas. He shall also, in accordance with the authority contained in the Act. of May 28, 1963 (77 Stat. 49), provide technical
assistance and advice to, and cooperate with, States, political subdivisions, and private interests, including nonprofit organizations, with
respect to establishing such wild, scemc and recreational river areas.
HeinOnline -- 82 Stat. 916 1968
82 STAT.]
PUBLIC LAW 90-542-0CT. 2, 1968
917
(b) The Secretaries of AgriculJture and of Health., Education, and
vVelfare shall likewise, in accordance with the authority vested in
them, assist, advise, and cooperate with State and local agencies and
private interests with respect to establishing such wild, scenic and
recreational river areas.
SEC. 12. (a) The Secretary of the Interior, the Secretary of Agricul- Administration
• s lrn. }} review
• a d min1strat1ve
• ·
• and
management
F e deral agencies
ture, an d h ead s o f ot.1er
l
policies. review.
and management policies, regulations, contracts, and plans affecting
lands under their respective jurisdictions which include, border upon,
or are adjacent to the rivers listed in subsection (a) of section 5 of this
Act in order to determine what actions should be taken to protect such
rivers during the period they are being considered for potential addition to the national wild and scenic rivers system. Particular attention
shall be given to scheduled timber harvestmg, road construction, and
similar activities which might be contrary to the purposes of this Act.
(b) Nothin~ in this section shall be construed to abrogate any existing rights, privileges, or contracts affecting Federal lands held.by any
private party without the consent of said party.
( c) The head of any agency administering a component of the national wild and scenic rivers system shall oooperate with the Secretary
of the Interior and with the appropriate State water pollution contr.ol
agencies for the purpose o:f eliminating or diminishing the pollution
of waters of the river.
SEC. 13. (a) Nothing in this Act shall affect the jurisdiction or i/is_h and _w;_1dresponsibilities of the States with respect to fish and wildlife. Hunting e, iunsd,ction.
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 o:f 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) The jurisdiction of the States and the United States over waters
of any stream included in a national wild, scenic or recreational river
area shall be determined by established principles of law. Under the Water rights,
provisions of this Act, any taking by the United States of a water right compensation.
which is vesttid under either State or Federal law at the time such
river is included in the national wild and scenic rivers system shall entitle the mmer thereof to just compensation. Nothing in this Act shall
constitute ari express or implied claim or denial on the part of the Fedend Government as to exemption from State water laws.
( c) 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 Act, or in quantities greater than necessary to accomplish these
purposes.
.
( d) 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 Act to the extent that such jurisdiction may be exercised without
impairing the purposes of this Act or its administration.
HeinOnline -- 82 Stat. 917 1968
918
Easements and
rights-of-way.
Easement as
contribution,
claim and allowance.
76 Stat. 1034;
68A Stat. 410.
Definitions.
Appropriations.
PUBLIC LAW 90-542-0CT. 2, 1968
[82
STAT,
( e) Nothing contafoed in this Act 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) Nothing in this Act 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) The Secretary of the Interior or the Secretary of AgTiculture, 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 Act.
SEc. 14. The claim and allowance of the value of an easement as a,
charitable contribution under section 170 of title 26, United States
Code, or as a gift under section 2522 of said title shall constitute an
agreement by the donor on behalf of himself, his heirs, and assigns that,
if the terms of the instrument creating the easement a,re violated, the
donee or the United States may acquire the servient estate at its fair
market value as of the time the easement was donated minus the value
of the easement claimed and allowed as a charitable contribution or
gift.
SEc. 15. As used in this Act, 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 m natural condition without impoundment, diversion, strai~htening, 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) for the purpose of protecting the scenic view from the river, but such control shall not affect,
without the owner's consent, any regular use exercised prior to the
acquisition of the easement.
SEc. 16. There are hereby authorized to be appropriated such sums
as may be necessary, but not more than $17,000,000, for the acquisition
of lands and interests in land under the provisions of this Act.
Approved October 2, 1968.
HeinOnline -- 82 Stat. 918 1968
1174
PUBLIC LAW 92-560-0CT. 25, 1972
[86
STAT.
Public Law 92-560
AN ACT
amend the Wild and Scenic Rivers Act by designating a segment of the Saint
Croix River, Minnesota and Wisconsin, as a component of the national wild
and scenic rivers system.
October 2s, 1972
__
rs_._19_2_sJ_ _ 1'0
Lower Saint
Croix River Act
of 1972.
Development
plan,
Land acquisition.
Navigation
aids.
Appropri aU on.
Be it enacted by the Senate and House of Representatives of tlie
United States of America in Congress assembled, That this Act may
be cited as the "Lower Saint Croix River Act of 1972".
SEo. 2. Section 3(a) of the Wild and Scenic Rivers Act (82 Stat.
907; 16 U.S.C. 1274('a)) is amended by adding at the end thereof the
following:
"(9) LowER SAINT CROIX, MINNESOTA AND WrsooNSIN.-The segment between the dam near Taylors Falls and its confluence with the
)1ississippi River: Provided, (i) That the upper twenty-seven miles
of this river segment shall be administered by the Secretary of the
Interior; and (ii) That the lower twenty-fl ve miles shall be designated
by the Secretary upon his approval of an application for such
designation made by the Governors of the States of Minnesota and
\Yisconsin."
SEC. 3. The Secretary of the Interior shall, within one year following
the date of enactment of this Act, take, with respect to the Lower Saint
Croix River segment, such action as is provided for under section 3 (b)
of the Wild and Scenic Rivers Act: Provided, That (a) the action
required by such section shall be undertaken jointly by the Secretary
and the appropriate agencies of the affected States; (b) the development plan required by such section shall be construed to be a comprehensive master plan which shall include, but not be limited to, a
determination of the lands, waters, and interests therein to be acquired,
developed, and administered by the agencies or political subdivisions
of the affected States; and ( c) such development plan shall provide
for State administration of the lower twenty-five miles of the Lower
Saint Croix River segment and for continued administration by the
States of Minnesota and Wisconsin of such State parks and fish hatcheries as now lie within the twenty-seven-mile segment to be admin. istered by the Secretary of the Interior.
SEc. 4. Notwithstanding any provision of the ·wild and Scenic Rivers Act which limits acquisition authority within a river segment to be
administered by a Federal agency, the States of Minnesota and Wisconsin may ac~uire within the twenty-seven-mile segment of the Lower
Saint Croix R1 ver segment to be administered by the Secretary of the
Interior such lands as may be proposed for their acquisition, development, operation, and maintenance pursuant to the development plan
required by section 3 of this Act.
SEo. 5. Nothing in this Act shall be deemed to impair or otherwise
affect such statutory authority as may be vested in the Secretary of the
Department in wlnch the Coast Guard is operating or the Secretary
of the Army for the maintenance of navigation aids and navigation
improvements.
SEC. 6. (a) There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of this Act, but not to
exceed $7,275,000 for the acquisition and development of lands and
interests therein within the boundaries of the twenty-seven-mile segment of the Lower Saint Croix River segment to be administered
by the Secretary of the Interior.
HeinOnline -- 86 Stat. 1174 1972
86 STAT.]
1175
PUBLIC LAW 92-561-0CT. 25, 1972
(b) No funds otherwise authorized to be appropriated by this section shall be expended by the Secretary of the Interior until he has
determined that the States of Minnesota and Wisconsin have initiated
such land acquisition and development as may be proposed pursuant
to the development plan required by section 3 of this Act, and in no
event shall the Secretary of the Interior expend more than $2,550,000
of the funds authorized to be appropriated by this section in the first
fiscal year following completion of the development plan required by
section 3 of this Act. The balance of funds authorized to be appropriated by this section shall be expended by the Secretary of the Interior at such times as he finds that the States of Minnesota and
"Wisconsin have made satisfactory pro~ress in their implementation of
the development plan required by sect10n 3 of this Act.
Limits tion.
Approved October 25, 1972.
Public Law 92-561
AN ACT
To amend the Act of September 26, 1966, Public Law 89--606, to extend for fom
years the period during which the authorized numbers for the grades of
major, lieutenant colonel, and colonel in the Air Force may be increased, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of
September 26, 1966, Public Law 89-606 ( 80 Stat. 849), is amended as
follows:
(1) Section 1 is amended by striking out "June 30, 1972," and
inserting in place thereof "September 30, 1974,".
(2) Section 2 is amended to read as follows:
"SEC. 2. For the period specified in section 1 of this Act, the
authorized strength prescribed by section 8202 of title 10, United
States Code, as amended by section 1 of this Act, may be exceeded by
1,000 for the grade of lieutenant colonel, and 1,500 for the grade of
major. However, the authority to exceed the authorized strengths by
1,000 for the grade of lieutenant colonel, and 1,500 for the grade of
major authorized by this section may be used only in the event that
drastic reductions or increases in the authorized strength of the commissioned officers on active duty in the Air Force occur within a sho1t
period of time and that such changes seriously impede promotions to
the grades of major and lieutenant colonel as determined by the Secretary of the Air Force, who shall notify the Committees on Armed
·
•
S erv1ces
of t h e S enate an d o.f t he H ouse of Representat1ves
not 1ater
than 60 days following the utilization of any of the numbers covered
in this sentence."
SEC. 2. The Secretary of Defense shall submit to the Congress not
later than May 30, 1973, a comprehensive written report regarding
limitations on the number of officers who may serve in various commissioned grades in the Army, Navy, Marine Corps, and Air Force.
The Secretary shall include in such report such recommendations as
he deems appropriate for legislation to establish new permanent
limitations on the number of officers who may serve in such
commissioned grades.
Approved October 25, 1972.
82-081 0 - 73 - 77
HeinOnline -- 86 Stat. 1175 1972
October 2s, 1972
14542
[H. R.
1
Armed Forces.
orti~e;s~rf;_
crease.
8202
no!~.usc
7 0A stat. 498.
Notice _to'
congressional
committees.
cReport to
ongress.
PUBLIC LAW 93-279-MAY 10, 1974
122
[88
STAT.
Public Law 93-279
May 10, 1974
2_]_
_[_H_._R_._94_9_
Wild and Scenic
Rivers Act,
amendments.
16 USC 1271
note.
16 USC 1274.
Appropriation.
16 USC 1275.
Studies, submittal to President.
AN ACT
amend the "'ild and Scenic Rivers Act by designating the Chattooga River.
Xorth Carolina, South Carolina, and Georgia as a component of the National
\Yild and Scenic RiYers System, and for other purposes.
To
Be it enacted by the Senate and House of Representatives. of the
United States of America in Congress assembled, That the 1V1ld and
Scenic Rivers Act (82 Stat. 906; 16 U.S.C. 1274 et seq.), as amended,
is further amended as follows:
(a) In section 3(a) after paragraph (9) insert the following new
paragraph:
"(10) CHATTOOGA, NoRTH CAROLINA, SouTH CAROLI:N"A, Gt:oRGIA.The Segment from 0.8 mile below Cashiers Lake in North Carolina to
Tugaloo Reservoir, and the vVest Fork Chattooga River from its junction with Chattooga upstream 7.3 miles, as generally depicted on the
boundary map entitled 'Proposed 1Vild and Scenic Chattooga River
and Corridor Boundary', dated August 1973; to be administered by
the Secretary of Agriculture: Provided, That the Secretary of Agriculture shall take such action as is provided for under subsection (b) of
this section within one year from the date of enactment of this paragraph (10): Provided further, That for the purposes of this river,
there are authorized to be appropriated not more than $2,000,000 for
the acquisition of lands and interests in lands and not more than
$809,000 for development.".
(b) ( 1) In section 4 delete subsection (a) and insert in lieu thereof
the following:
"SEc. 4. (a) 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 Act. Such studies shall be completed and
such reports shall be made to the Congress ,vith respect to all rivers
named in subparagraphs 5(a) (1) through (27) of this Act 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 ·with respect to which there is the greatest likelihood of developments which, if undertaken, would render the rivers unsuitable for
inclusion in the national ,vild and scenic rivers system. Every such
study and plan shall be coordinated with any water resources planning
involving the same river ,vhich is being conducted pursuant to the
vVater Resources Planning Act (79 Stat. 244; 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
0
Report to
Congress.
16 USC 1276.
Contents.
HeinOnline -- 88 Stat. 122 1974-1975
88 STAT.]
PUBLIC LAW 93-280-MAY 10, 1974
123
land and of administering the area, should it be added to the system. P . .
Each such report shall be printed as a Senate or House document." s "tmg;s
(2) In section i5 delete subsection ( b) and reletter subsections ( c) d:::;e~;. ouse
and (d) as (b) and (c),respectively.
'6 usc 1216.
(3) In section 7(b) delete clause (i) and insert in lieu thereof the 16 usc 1278 ·
following:
" ( i) during the ten-year period following enactment of this
Act or for a three complete fiscal year period following any Act
of Congress designating any river for potential addition to the
national wild and scenic rivers system, "·hichever is later, unless,
prior to the expiration of the relevant period, the Secretary of the
Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, determine that such
river should not be included in the national wild and scenic rivers
system and notify the Committees on Interior and Insular Affairs Notification to
o·f the United States Congress. in writing. including a copy of the ~~:~7t~;~:~aI
study upon "·hich the determination was made, at least one hundred° and eighty days while Congress is in session prior to pub- Publication in
,
d
,
d"
Federal Register.
lishing notice to that effect m the Fe eral Register, an .
( 4) In section 7 (b) (ii) delete "which is recommended". insert in
lieu thereof "the report for which is submitted", and delete "for
inclusion in the national "·ild and scenic rivers system".
( c) In section 15 ( c) delete "for the purpose of protecting the 16 usc 1286.
scenic vie"· from the riwr." and insert in lieu thereof "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 "·ild, scenic or recreational riwr area,".
Appropriation.
( d) Delete section 16 and insert in lien thereof:
16 USC 1287.
"SEc. 16. (a) There are hereby authorized to be appropriated,
including such sums as have heretofore been appropriated. the following amounts for land acquisition for each of the rivers described
in section 3 (a) of this Act:
Ante, P· 122.
Cleanrntcr, Middle Fork. Idaho, $2,909,800;
Eleven Point, Missouri, $4,906,500;
Feather, Middle Fork, California, $3,935,700;
Rio Grande, New Mexico, $253,000;
Rogue, Oregon, $12,447,200;
St. Croix, Minnesota and "Wisconsin, $11,768,550;
Salmon, Middle Fork, Idaho, $1,237,100; and
·wolf, ·wisconsin, $142,150.
"(b) The authority to make the appropriations authorized in this
Expiration date.
section shall expire on ,Tnne 30, 1979."
Approved May 10, 1974.
Public Law 93-280
AN ACT
May 10, !974
To authorize certain Federal agencies to detail personnel and to loan equipment
[H. R. 8101 J
to the Bureau of Sport Fisheries and Wildlife, Department of the Interior.
-------
. Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the paragraph
l~eaded "Prop~gatio~ of ~ood Fishes" of the A.ct of March 3, 1885 (23
~tat. 494; 16 U .S.C. 143), 1s amended( 1) by inserting" ( 1)" immediately after "Fishes:"·
( 2) by striking out the last sentence thereof; and '
( 3) by adding at the end thereof the following new
subparagraph:
HeinOnline -- 88 Stat. 123 1974-1975
Bure au of Sport
Fisheries and
Wildlife.
Federal agency
loan of personnel
and equipment.
PUBLIC LAW 93-621-JAN. 3, 1975
2094
[88
STAT.
Public Law 93-621
January 3,
1975
[S. 3022]
Wild and Scenic
Rivers Act,
amendments.
16
use
1276.
AN ACT
To amend the Wild and Seenic Rivers Act ( 82 Stat. 906), as amended, to
designate segments of certain rivers for possible inclusion in the national wild
and scenic rivers system; to amend the Lower Saint Croix River Act of 1972
( 86 Stat. 1174), and for other purposes.
Re it enacted by the Seriate and House of Representati:ves of the
United States of America t'n Congress assembled, That the Wild and
Scenic Rivers Act (82 Stat. 906), as amended, is further amended as
follows:
(a) In subsection (a) of section 5 after paragraph (27) insert the
following new paragraphs:
"(28) American, California: The North Fork from the Cedars to
the Auburn Reservoir.
"(29) Au Sable, Michigan: The segment downstream from Foot
Dam to Oscoda and upstream from Loud Reservoir to its source.
including its principal tributaries and exc]uding Mio and Bamfield
Reservoirs.
"(30) Big Thompson, Colorado: The segment from its source to the
boundary of Rocky Mountain National Park.
" ( 31) Cache la Poudre, Colorado: Both forks from their sources
to their confluence, thence the Cache la Poudre to the eastern boundary
of Roosevelt National Forest.
''(32) Cahaba, Alabama: The segment from its junction wi_th
United States Highway 31 south of Birmingham downstream to its
junction with United States Highway 80 west of Selma.
" ( 33) Clarks Fork, ·Wyoming: The segment from the Clark's Fork
Canyon to the Crandal] Creek Bridge.
.
" ( 34) Colorado, Colorado and Utah: The segment from its confluence with the Dolores River, Utah, upstream to a point 19.5 miles
from the Utah-Colorado border in Colorado.
"(35) Conejos, Colorado: The three forks from their sources to
their confluence, thence the Conejos to its first junction with State
Highway 17, excluding Platoro Reservoir.
"(36) Elk, Colorado: The segment from its source to Clark.
"(37) Encampment, Colorado: The Main Fork and West Fork to
their confluence, thence the :Encampment to the Colorado-1Vyoming
border, including the tributaries and headwaters.
" ( 38) Green, Colorado: The entire segment within the State of
Colorado.
" ( 39) Gunnison, Colorado: The segment from the upstream ( southern) boundary of the Black Canyon of the Gunnison National Monument to its confluence with the North Fork.
" ( 40) Illinois, Oklahoma: The segment from Tenkiller Ferry Reservoir upstream to the Arkansas-Oklahoma border, including the
Fl;nt and Barren Fork Creeks.
" ( 41) John Day, Oregon: The main stem from Service Creek
Bridge (at river mile 157) downstream to Tumwater Falls (at river
milelO).
" ( 42) Kettle, Minnesota: The entire segment within the State of
Minnesota.
" ( 43) Los Pinos, Colorado : The segment from its source, including
the tributaries and headwaters within the San Juan Primitive Area,
to the northern boundary of the Granite Peak Ranch.
HeinOnline -- 88 Stat. 2094 1974-1975
88 STAT.]
PUBLIC LAW 93-621-JAN. 3, 1975
" ( 44) Manistee Michigan: The entire river from its _sour~e to
Manistee Lake, in~lnding its principal tributaries and excludmg Tippy
and Hodenpyl Reservoirs.
.
.
.
" ( 45) N olich uckey, Tennessee and N" orth Carolma: The entrre mam
stem.
" ( 46) Owyhee, South Fork, Oregon: The main stem. from the
Oregon-Idaho border downstream to the Owyhee Reservorr.
" ( 4 7) Piedra, Colorado: The Middle Fo~·k and ~as~ Fork fr?m
their sources to their confluence, thence the Piedra to its Junctron with
Colorado Highway 160, including the tributaries and headwaters on
national forest lands.
" ( 48) Shepaug, Connecticut: The entire river.
.
.
" ( 49) Sipsey Fork, \Vest Fork, Alabama: The segmen~, mclud1_ng
its tributaries, from the impoundment formed by the Lewis M. Smith
Dam upstream to its source in the "William 13. Bankhead National
Forest.
"(50) Snake, "\Vyoming: The segment from the s~mthem bouud_aries of Teton National Park to the entrance to Palisades Reservorr.
" ( 51) Sweetwater, "Wyoming: The segment from Wilson Bar downstream to Spring Creek.
" ( 52) Tuolumne, Califomia: The main river from its source on
Mount Dana and l\fount Lyell in Yosemite National Park to Don
Pedro Reseryoir.
" ( 53) Upper Mississippi, Minnesota: The segment from its source
at the outlet of Itasca Lake to its junction with the northwestern
boundary of the city of Anoka.
" ( 54) \Visconsin, \Visconsin: The segment from Prairie du Sac
to its confluence with the Mississippi River at Prairie du Chien.
" ( 55) Yampa, Colorado: The segment within the boundaries of
the Dinosaur National Monument.
" ( 56) Dolores, C-0lorado: The segment of the main stem from Rico
upstream to its source, incl nding its head waters; the West Dolores
from its smu·ce, including its headwaters, downstream to its confluence
with the main stem; and the segment from the west boundary, section
2, township 38 north, range 16 west, NMPM, below the proposed
McPhee Dam, downstream to the Colorado-Utah border, excluding
the segment from one mile above Highway 90 to the confluence of
the San Miguel River."
(b) In section 5 reletter subsections (b) and ( c) as ( c) and ( d),
respectively, and insert a new subsection (b), as follows:
"(b) (1) The studies of rivers named in subparagraphs (28)
through (55) of subsection (a) of this section shall be completed
and reports thereon submitted by not later than October 2, 1979:
Provided, That with respect to the rivers named in subparagraphs
(33)_, (50),. an.d (51), the Se~retaries shall not commence any
studies. untll ( i) .. the State legislature has acted with respect to
such nvers or ( 11) one year from the date of enactment of this
Act, whichever is earlier.
"(2) The study of the river named in subparagraph (56) of
subsection (a) of this section shall be completed and the report
thereon submitted by not later than January 3, 1976.
" ( 3) There are authorized to be appropriated for the purpose
of conducting the studies of the rivers named in subparagraphs
( 28) through ( 56) such sums as may be necessary, but not more
than $2,175,000."
HeinOnline -- 88 Stat. 2095 1974-1975
2095
16
use
1276.
Studies and re ..
ports.
Appropriations.
2096
16 use 121s.
16 use 121s.
16 use 1214
note.
PUBUC LAW 93-622-JAN. 3, 1975
[88
STAT.
( c) In clause ( i) of subsection (b) of section 7 strike the final
comma and the following word "and" and insert in lieu thereof a colon
and the following proviso: "Provided, That if any Act designating any
river or rivers for potential addition to the national wild and s~·enic
rivers system provides a period for the study or studies which exceeds
such three complete fiscal year period the period provided for in snd1
Act shall be substituted for the three complete fiscal year period in
the provisions of this clause (i); and'~.
(d) In the fourth sentence of subsection (a) of section 4:
(1) between "rivers" and "with'' insert "(if', and
(2) strike "system." and insert in lieu thereof "system, and (ii)
which possess the greatest propol'tion of private lands within
their areas.".
,
SEC. 2. Subsection (a) of section 6 of the Lower Saint Croix Riwr
Act of 1972 (86 Stat. 1174) is amended by deleting "$7,275,000" and
inserting in lieu thereof "$19,000,000".
·
Approved January 3, 1975.
Public Law 93-622
January 3, 197 5
AN ACT
[S. 3433)
- - - - - - To further the purposes of the Wilderness Act by designating certain acquired
lands for inclusion in the Xational Wilderness Preservation System, to provide
for study of certain additional lands for such inclusion, and for other purposes.
National Wilder...
ness Preservation
Be it enacted by the Senate and House of Representati1-:es of tlte
United States of Anierica in Congress assembled,
System,
Designation of
certain acquired
lands,
16 use 1132
note.
l6USe1131
note,
STATEl\lEXT OF FlNDIXGS AND POLICY
SEC. 2. (a) The Congress finds that( 1) in the more populous eastern half of the United States
there is an urgent need to identify, study, designate, and preserve
areas for addition to the National Wilderness Preservation
System;
( 2) in recognition of this urgent need, certain areas in the
national forest system in the eastern half of the United States
were designated by the Congress as wildemess in the Wilderness
Act (78 Stat. 890); certain areas in the national wildlife refuge
system in the eastern half of the United States have been designated by the Congress as wilderness or recommended by the
President for such designation, and certain areas in the national
park system in the eastern half of the 'Gnited States have been
recommended by the President for designation as wilderness; and
( 3) additional areas of wilderness in the more populous eastern
half of the United States are increasingly threatened by the
pressures of a growing and more mobile population, large-scale
industrial and economic growth, and development and uses
inconsistent with the protection, maintenance, and enhancement
of tLe areas' wilderness character.
( b) Therefore, the Congress finds and declares that it is in the
national interest that these and similar areas in the eastern half of
the United States be promptly designated as wilderness within the
National "\Vilderness Preservation System, in order to preserve such
areas as an enduring resource of wilderness which shall be managed
to promote and perpetuate the wilderness character of the land and its
specific values of solitude, physical and mental challenge, scientific
study, inspiration, and primitive recreation for the benefit of all of
the American people of present and future generations.
HeinOnline -- 88 Stat. 2096 1974-1975
PUBLIC LAW 94-199-DEC. 31, 1975
89 STAT. 1117
Public Law 94-199
94th Congress
An Act
Dec. 31, 1975
To establish the Hells Canyon National Recreation Area in the States of Oregon
and Idaho, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) to assure
that the natural beautv, and historical and archeological values of the
Hells Canyon area mid the seventy-one-mile segment of the Snake
River between Hells Canyon Dam and the. Oregon-"\Vashington
border, together with portions of certain of its tributaries and adjacent
lands, are presened for this and future generations, and that the
recreational and ecologic values and public enjoyment of the area are
thereby enhanced, there is hereby established the Hells Canyon
National Recreation Area.
(b) The Hells Canyon National Recreation Area (hereinafter
referred to as the "recreation area"), which includes the Hells Canyon
·wilderness (hereinafter referred to as the "wilderness''), the components of the "\Vild and Scenic Rivers System designated in section 3
of this Act, and the wilderness study areas designated in subsections
8 ( d) of this Act, shall comprise the lands and wah~rs generally depicted
on the map entitled "Hells Canyon National Recreation Area" dated
September 1975, which shall be on file and available for public insp~tion in the office of the Chief, Forest Service, United States Department of Agriculture. The Secretary of Agriculture (hereinafter
referred to as "the Secretary"), shall, as soon as practicable, but no
later than eighteen months after the date of enactment of this Act,
publish a detailed boundary description of the recreation area, the
wilderness study areas designated in subsection 8 ( d) of this Act,
and the wilderness established in section 2 of this Act in the Federal
Register.
SEc. 2. (a) The lands depicted as the "Hells Canyon ·wilderness" on
the map referred to in subsection 1 (b) of this Act are hereby designated as wilderness.
(b) The wilderness designated by this Act sha11 be administered by
the Secretary in accordance with the provisions of this Act or in
accordance with the provisions of the "\Vilderness Act ( 78 Stat. 890),
whichever is the more restrictive, except that any reference in such
provisions of the "\Vilderness Act to the effective date of that Act shall
be deemed to be a reference to the effective date of this Act. The provisions of section 9 (b) and section 11 of this Act shall apply to the
wilderness. The Secretary shall make such boundary revisions to the
wilderness as may be necessary due to the PV"!''.'ise of his authority
under subsection 3 (b) of this Act.
SEc. 3. (a) Subsection 3(a) of the "\Vil(l and Scenic Rivers Act (82
Stat. 906) is hereby amended by adding at the end thereof the
following clauses:
·
"(11) Rapid River, Idaho.-The segment from the headwaters of
the main stem to the national forest boundary and the segment of the
West Fork from the wilderness boundary downstream to the confluence
with the main stem, as a wild river.
"(12) Snake, Idaho and Oregon.-The segment from Hells Canyon
Dam downstream to Pittsburgh Landing, as a wild river; and the
HeinOnline -- 89 Stat. 1117 1974-1976
[S. 322]
Hells Canyon
National
Recreation Area,
Oreg.-ldaho.
Establishment.
16 USC 460gg.
Publication in
Federal Register.
Hells Canyon
Wilderness,
designation.
16 use 460gg-L
16 USC 1131
note.
·
16 USC 1274.
89 STAT. lll8
PUBLIC LAW 94-199-DEC. 31, 1975
segment from Pittsburgh Landing downstream to an eastward extension of the north boundary of section 1, township 5 north, range 47
east, Willamette meridian, as a scenic river.".
(b) The segments of the Snake River and the Rapid River desig16 USC 1274
note.
nated as wild or scenic river areas by this Act shall be administered by
the Secretary in accordance with the provisions of the 'Wild and Scenic
16 USC 1271
Rivers Act ( 82 Stat. 906), as amended, and the Secretary shall establish
note
detailed boundaries of the Snake River segments thereof in accordance
16 USC 1274.
with subsection 3(b) of that Act: Provided, That the Secretary shall
establish a corridor along the segments of the Rapid River and may
not undertake or permit to be undertaken any activities on adjacent
public lands which would impair the water quality of the Rapid River
segment: Provided further, That the Secretary is authorized to make
such minor boundary revisions in the corridors as he deems necessary
for the provision of such facilities as are permitted under the applicable provisions of the ·wild and Scenic Rivers Act {82 Stat. 906).
16 USC 460gg-2.
S1cc. 4. (a) Notwithstanding any other provision of law, or any
authorization heretofore given pursuant to law, the Federal Power
Commission may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project work
under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C.
16 use 791a.
791a et seq.), within the recreation area: Provided, That the provisions
of the Federal Power Act (41 Stat. 1063) shall continue to apply to
any project ( as defined in such Act), and all of the facilities and
improvements required or used in connection with the operation and
maintenance of said project, in existence within the recreation area
which project is already constructed or under construction on the date
of enactment of this Act.
( b) No department or agency of the United States may assist by
loan, grant, license, or otherwise the construction of any water resource
facility within the recreation area which the Secretary determines
would° have a direct and adverse effect on the values for which the
waters of the area are protected.
SEc. 5. (a} Section 5 (a) of the Act of October 2, 1968 ( 82 Stat. 906),
16 USC 1276.
as amended, is further amended by adding the following new
paragraph:
" ( 57) Snake, Washington, Oregon, and Idaho: the segment from an
eastward extension of the north boundary of section 1, township 5
north, range 47 east, ·wmamette meridian, downstream to the town of
Asotin, 1Vashington. "·
Asotin Dam,
(b) The Asotin Dam, authorized under the provisions of the Flood
deauthorization.
Control Act. of 1962 (76 Stat. 1173), is hereby deauthorized.
16 use 460gg-3.
SEC. 6. (a) No provision of the 1Vild and Scenic Rivers Act ( 82
Stat. 906), nor of this Act, nor any guidelines, rules, or regulations
issued hereunder, shall in any way limit, restrict, or conflict with present and future use of the waters of the Snake River and its tributaries upstream from the boundaries of the Hells Canyon National
Recreation Area created hereby, for beneficial uses, whether consumptive or nonconsumptive, now or hereafter existing, including, but not
limited to, domestic, municipal, stockwater, irrigation, mining, power,
or industrial uses.
(b) No flow requirements of any kind may be imposed on the waters
of the Snake River below Hells Canyon Dam under the provisions of
the 1Vild and Scenic Rivers Act (82 Stat. 906), of this Act, or any
guidelines, rules, or regulations adopted pursuant thereto.
Administration.
SEc. 7. Except as otherwise provided in sections 2 and 3 of this Act,
16 USC460gg-4. and subject to the provi,sions of section 10 of this Act, the Secretary
HeinOnline -- 89 Stat. 1118 1974-1976
PUBLIC LAW 94-486-0CT. 12, 1976
90 STAT. 2327
Public Law 94-486
94th Congress
An Act
To amend the Wild and Scenic Rivers Act, and for other purposes.
Oct. 12, 1976
[S. 1506]
Be it enflCted by the Senate and Ho'I.We of Representatives of the
United States of America in Congress assembled,
Wild and Scenic
TITLE I-FLATHEAD, MONTANA
Rivers Act,
amendments.
SEc. 101. Section 3(a) of the Wild and Scenic Rivers Act (82 Stat.
906; 16 U.S.C. 1271 et seq.) is amended by adding the following new 16 USC 1274.
paragraph at the end thereof:
"(13) FLATHEAD, MoNTANA.-The North Fork from the Canadian
border downstream to its confluence with the Middle Fork; the Middle
Fork from its headwaters to its confluence to the South Fork; and the
South Fork from its origin to the Hungry Horse Reservoir, as generally depicted on the map entitled 'Proposed Flathead ·wild and Scenic
River Boundary Location' dated February 1976; to be administered
by agencies of the Departments of the Interior and Agriculture as
agreed upon by the Secretaries of such Departments or as directed by
the President. Action required to be taken under subsection (b) of
this section shall be taken within one year from the date of enactment
of this paragraph. For the purposes of this river, there are authorized Appropriation
to be appropriated not more than $6,719,000 for the acquisition of authorization.
lands and interests in lands. Ko funds authorized to be appropriated
pmsuant to this paragraph shall be available prior to October 1, 1977.".
TITLE II-MISSOURI, MONTANA
SEc. 201. Section 3 (a) of the Act is further amended by adding at
the end thereof the following new paragraph:
"(14) MrssouRI, ~foNTANA.-The segment from Fort Benton one
hundred and forty-nine miles downstream to Robinson Bridge, as
generally depicted on the boundary map entitled 'Missouri Breaks
Freeflo\\'ing River Proposal', dated October 1975, to be administered
by the Secretary of the Interior. For the purposes of this river, there
are authorized to be appropriated not more than $1,800,000 for the
acquisition of lands and interests in lands. No funds authorized to be
appropriated pursuant to this paragraph shall be available prior to
October 1, 1977.".
SEc. 202. After consultation with the State and local governments
and the interested public, the Secretary shall, pursuant to section
3 (b) of the ·wild and Scenic Rivers Act and within one year of enactment of this Act( 1) establish detailed boundaries of the river segment designated as a component of the National Wild and Scenic Rivers
System pursuant to section 1 of this Act (hereinafter referred to
as the "river area") : Provided, That the boundaries of the portion of the river area from Fort Benton to Coal Banks Landing
and the portion of the river area within the boundaries of the
Charles M. Russell National Wildlife Range shall be drawn to
include only the river and its bed and exclude all adjacent land
except significant historic sites and such campsites and access
HeinOnline -- 90 Stat. 2327 1976
Appropriation
authorization.
Consultation.
16 USC 1274.
note.
90 STAT. 2328
PUBLIC LAW 94-486-0CT. 12, 1976
points as are deemed necessary by the Secretary, and to which the
Secretary finds no reasonable alternative, as set forth in the management plan required pursuant to clause (2) of this section;
Md
.
(2) determine, in accordance with the guidelines in section
16 USC 1273.
2 (b) of the Wild and Scenic Rivers Act, which of the three
classes-wild river, scenic river, or recreation river-best fit portions of the river segment, designate such portions in such classes,
and prepare a management plan for the river area in accordance
with such designation.
Management.
SEc. 203. (a) The Secretary of the Interior (hereinafter referred to
16 USC 1274
as the "Secretary") shall manage the river area pursuant to the provinote.
sions of this Act and the . Wild and Scenic Rivers Act, and in accord16 USC 1271
ance with the provisions of the Taylor Grazing Act (48 Stat. 1269),
note.
as amended ( 43 U.S.C. 315), under principles of multiple use and
sustained yield, and with any other authorities available to him for
the management and conservation of natural resources and the protection and enhancement of the environment, where such Act, principles,
and authorities are consistent with the purposes and provisions of this
Act and the Wild and Scenic Rivers Act.
Land acquisition.
(b) ( 1) The Secretary may acquire land and interests in land only in
accordance with the provisions of this Act and the ·wild and Scenic
16 USC 1277.
Rivers Act and the limitations contained in section 6 of that Act and
only: (A) at Fort Benton for the visitor facility as provided in subsection (g) (2) of this section; (B) at the site of Fort McKenzie; (C)
in that portion of the river area downstream from Fort Benton to
Coal Banks Landing for historic sites, campsites, and access points in
accordance with section 202 (1) of this Act; and (D) in that portion
of the river area downstream from Coal Banks Landing so as to provide, wherever practicable and necessary for the purposes of this Act
and the ·wild and Scenic Rivers Act, rim-to-rim protection for such
portion.
Condemnation.
(2) In accordance with section 6(b) of the ·wild and Scenic Rivers
Act, the Secretary shall not acquire fee title to any lands by condemnation under the authority of that Act or this Act, except that the
Secretary may use condemnation when necessary and withm the limitations on acqui.sition set forth in clause (1) of this subsection to clear
title, acquire scenic easements, or acquire snch other easements as are
reasonably necessary to give the public access to the river segment
within the river area and to permit its members to traverse the length
of said river area or of selected portions thereof.
Priority
(3) The Secretary shall, to the extent feasible, give priority in
expenditure.
e-xpenditure of :funds pursuant to this Act for the acquisition and
development of campsites and historic sites, including the site of the
visitor center at Fort Benton and the site of Fort McKenzie.
(c) Consistent with the provisions of this Act and the Wild and
Easements.
Scenic Rivers Act.., the Secretary may issue easements, licenses, or permits for rights-or-way throug-h, over, or under the lands in Federal
ownership within the river area, or for the use of such lands on such
terms and conditions as are in accordance with the provisions of this
Act, the 1Vild and Scenic Rivers Act, and other applicahle law.
Bridge
(d) The Secretary is authorized to permit the construction of a
construction.
bridge across the river in the general vicinity of the community of
Winifred, Montana, in order to accommodate the flow of north-south
traffic. Such construction shall be in accordance with a plan which is
mutually acceptable to the Secretary and State and local highway
officials, and which is consistent with the purposes of this Act and the
Wild and Scenic Rivers Act.
HeinOnline -- 90 Stat. 2328 1976
PUBLIC LAW 94-486-0CT. 12, 1976
( e) To the extent and in a manner consistent with th~ purposes of
the vVild and Scenic Rivers Act the Secretary shall pernut such pumping facilities and associated pipelines as may be necessary to assure
the continuation of an adequate supply of water from the Missouri
River to the owners of lands adjacent to the river and for future
agricultural use outside the river corridor. The Secretary is authorized
to permit such pumping facilities and associated pipelines for use for
fish, wildlife, and recreational uses outside the river corridor.
(f) The Secretary shall permit hunting and fishing in the river
area in accordance with applicable Federal and State laws, except that
he may designate zones where, and periods when, no hunting or fishing
shall be permitted for reasons of public safety or administration.
(g) (1) The Secretary, acting through the Bureau of Land Management, shall exercisP managPment responsibilities in the river area
for:
(A) the grazing of livestock;
(B) the applieation of the United States mining and mineral
leasing laws;
( C) the management of fish and wildlife habitat;
(D) the diwrsion and use of water for agricultural and domestic purposes;
(E) the acquisition of lands and interests therein;
(F) the administration of public recreational uses of, and any
historic sites and campsites in, the river area; and
( G) all other management responsibilities except those set
forth in paragraph (2) of this suhsection.
(2) The Secretary, acting through the Kational Park SPrvice, shall
be responsible for thP construction, operation, and managPment of any
visitor faeility in or near Fort Benton which is found necesrnry in
accordance with the management plan developed pursuant to section
:W2 and the provision, at such facility, of interpretive services for the
historic, archeologieal, seenic, natural, and fish and wildlife resources
of the area.
90 STAT. 2329
Pumping
facilities and
associated
pipelines.
Hunting and
fishing.
Visitor facility,
construction.
TITLE III-OBED, TENNESSEE
SEc. 301. Section 3(a) of the Act is further amended by adding the 16 USC 1274.
following new paragraph at the end thereof :
" ( 15) OBED, TENNESSEE.-The segment from the western edge of
the Catoosa 1Vildlife Management Area to the confluence with the
Emory River; Clear Creek from the Morgan County line to the confluence with the Obed River, Daddys Creek from the Morgan County
line to the confluence with the Obed River; and the Emory River from
the confluence with the Obed River to the Nemo bridge as generally
depicted and classified on the stream classification map dated December 1973. The Secretary of the Interior shall take such action, with the
participation of the State of Tennessee as is provided for under subsection (b) within one year following the date of enactment of this
paragraph. The development plan required by such subsection (b) Cooperative
shall include cooperative agreements between the State of Tennessee agreements.
acting through the ·wildlife Resources Agency and the SPcretary of
the Interior. Lands within the ·wild and Scenic River boundaries that
are currently part of the Catoosa ·wildlife :\fanagement Area shall
continue to be owned and managed by the Tennessee 1Yildlife
Resources Agency in such a way as to protect the wildlife resourees and
primitive character of the area, and without further development of
roads, campsites, or associated recreational facilities unless deemed
necessary by that agency for wildlife management practices. The
HeinOnline -- 90 Stat. 2329 1976
90 STAT. 2330
Appropriation
authorization.
PUBLIC LAW 94-486-0CT. 12, 1976
Obed Wild and Scenic River shall be managed by the Secretary of the
Interior. For the purposes of carrying out the provisions of this Act
with respect to this river, there are authorized to be appropriated such
sums as may be necessary, but not to exceed $2,000,000 for the acquisition of lands or interests in lands and not to exceed $400,000 for
development. No funds authorized to be appropriated pursuant to
this paragraph shall be available prior to October 1, 1977.".
TITLE IV-HOUSATONIC, CONNECTICUT
16 USC 1276.
SEc. 401. Subsection (a) of section 5 of the Act is further amended
by adding at the end thereof the following:
" ( 58) Housatonic, Connecticut: The segment from the Massachusetts-Connecticut boundary downstream to its confluence with the
Shepaug River.".
TITLE V-SECTION IV AMENDMENT
16 USC 1275.
SEc. 501. Subsection (b) of section 4 of the Act is amended by
deleting the final sentence thereof.
TITLE VI-FEATHER, CALIFORNIA
16 USC 1274.
Administration.
SEc. 601. Subsection (a) of section 3 of the Act is further amended
by striking the paragraph numbered (3) and inserting in lieu thereof:
"(3) FEATHER, CALIFORNIA.-The entire Middle Fork downstream
from the confluence of its tributary streams one kilometer south of
Beckwourth, California; to be administered by the Secretary of
Agriculture.".
TITLE VII-PIEDRA, COLORADO
16 USC 1276.
SEc. 701. Paragraph (47) of section 5(a) of the Act is amended by
striking out "including the tributaries and headwaters on national
forest lands".
Approved October 12, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94-1657 accompanying H.R. 15422 (Comm. on Interior and
Insular Affairs).
SENATE REPORT No. 94-502 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Dec. 4, considered and passed Senate.
Vol. 122 (1976): Sept. 27, considered and passed House, amended, in lieu of
H.R. 15422.
Sept. 28, Senate concurred in House amendments.
HeinOnline -- 90 Stat. 2330 1976
PUBLIC LAW 95-87-AUG. 3, 1977
locality of the affected area, after appropriate notice and publication
of the date, time, and location of such hearing. After a person having
an interest which is or may be adversely affected has filed a petition
and before the hearing, as required by this subsection, any person may
intervene by filing allegations of facts with supporting evidence which
would tend to establish the allegations. Within sixty days after such
hearing, the regulatory authority shall issue and furnish to the petitioner and any other party to the hearing, a written decision regarding
the petition, and the reasons therefore. In the event that all the petitioners stipulate agreement prior to the requested hearing, and withdraw thei1· request, such hearing need not be held.
( d) Prior to designating any land areas as unsuitable for surface coal mining operations, the regulatory authority shall prepare a
detailed statement on (i) the potential coal resources of the area, (ii)
the demand for coal resources, and (iii) the impact of such designation
on the environment, the economy, and the supply of coal.
(e) After the enactment of this Act and subject to valid existing
rights no surface coal mining operations except those which exist on
the date of enactment of this Act shall be permitted( 1) on any lands within the boundaries of units of the National
Park System, the National Wildlife Refuge Systems, the National
System of Trails, the National Wilderness Preservation System,
the Wild and Scenic Rivers System, including study r·ivers designated under section 5 (a) of the Wild and Scenic Rivers Act and
National Recreation Areas designated by Act of Congress;
(2) on any Federal lands within the boundaries of any national
forest: Provided, however, That surface coal mining operations
may be :permitted on such lands if the Secretary finds that there
are no significant recreational, timber, economic, or other values
which may be incompatible with such surface mining operations
and(A) surface operations and impacts are incident to an
underground coal mine ; or
(B) where the Secretary of Agriculture determines, with
respect to lands which do not have significant forest covn
within those national forests west of the 100th meridian, that
surface mining is in compliance with the Multiple-Use Sustained-Yield Act of 1960, the Federal Coal Leasing Amendments Act of 1975, the National Forest Management Act of
1976, and the provisions of this Act: And provided further,
That no surface coal mining operations may be permitted
within the boundaries of the Custer National Forest;
(3) ·which will adversely affect any publicly owned park or
places included in the National Register of Historic Sites unlPss
approYetl jointly by the regulatory authority and the Federal,
State, or local agency with jurisdiction over the park or the
historic site;
(4) within one hundred feet of the outside right-of-way line of
any public road, except where mine access roads or haulage roads
join such right-of-way line and except that the regulatory authority may permit such roads to be relocated or the area affected to
lie within one hundred feet of such road, if after public notice anct
opportunity for public hearing in the locality a written findint?
is made that the interests of the public and the landowners
affPcted thereby will be protected; or
( 5) within three hundred feet from any occupied dweUing,
unless waived by the owner thereof, nor within three hundred
HeinOnline -- 91 Stat. 509 1977
91 STAT. 509
Intervention.
Decision.
Statement.
Certain Federal,
public and
private lands,
mining
prohibition.
16 USC 1276.
use
use
16
528 note.
30 USC 181 note.
16
1600
note.
Notice and
hearing.
PUBLIC LAW 95-625-NOV. 10, 1978
92 STAT. 3521
THEODORE ROOSEVELT NATIONAL PARK
SEc. 610. The area formerly known as the "Theodore Roosevelt 16 USC 241g.
National Memorial Park", established by the Act of April 25, 1947
( 61 Stat. 52), shall henceforth be known as the "Theodore Roosevelt 16 USC 241 ei
National Park".
seq.
BADLANDS NATIONAL PARK
SEc. 611. The area formerly known as the "Badlands National Monu- 16 USC 44le-1.
ment", established by Presidential Proclamation of January 25, 1939
( 53 Stat. 2521), shall henceforth be known as the "Badlands National
Park".
ALBERT EINSTEIN MEMORIAL
SEc. 612. The Secretary of the Interior is authorized to convey for
nominal consideration to the National Academy of Sciences, United
States Reservation 332A, located on the south side of Square Numbered 88 between 21st Street, 22d Street and Constitution A venue in
the District of Columbia to erect and maintain a Memorial to Albert
Einstein. The title to said property shall remain with the National
Academy of Sciences so long as the property is used for access. At
such time as the property is no longer used for memorial purposes or
public access is restricted, title to said property shall revert to the
United States.
PEARSON -SKUBITZ BIG HILL LAKE
Property,
conveyance and
title.
16 USC 431 note.
SEc. 613. The project for flood protection on Big Hill Creek, Kansas, Designation.
authorized by the Flood Control Act of 1962, Public Law 87-874, shall 76 Stat. 1180.
hereafter be known and designated as the "Pearson-Skubitz Big Hill
Lake". Any reference in a law, map, regulation, document, or record,
or other paper of the United States to such project shall be held to be
a reference to the "Pearson-Skubitz Big Hill Lake".
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SEc. 614. Section 212{a) of the Act of October 15, 1966 (80 Stat. Appropriation
915), as amended {16 U.S.C. 470), is further amended by adding the authorization.
16 USC 470t.
following at the end thereof:
"There are authorized to be appropriated not to exceed $2,250,000
in fiscal year 1980.".
TITLE VII-1VILD AND SCENIC RIVERS
ACT AMENDMENTS
Subtitle A-Addition of Segments
ADDITION OF PERE MARQUETTE SEGMENT
SEc. 701. Section 3(a) of the 1Vild and Scenic Rivers Act is
amended by adding the following new paragraph at the end thereof:
"(16) PERE MARQUETTE, MrnmoAN.-The segment downstream
from the junction of the Middle and Little South Branches to its
junction with United States Highway 31 as generally depicted on the
boundary map entitled 'Proposed Boundary Location Pere
Marquette Wild and Scenic River,'; to be administered by th~ Secretary of Agricu!ture. After co~sultation with State and local governments and the mterested public, the Secretary shall take such action
as is provided for under subsection (b) with respect to the segment
HeinOnline -- 92 Stat. 3521 1978
Boundaries,
description.
16 USC 1274.
Consultation.
92 STAT. 3522
Plan, provisions
and regulations.
Appropriation
authorization.
PUBLIC LAW 95-625-NOV. 10, 1978
referred to in this paragraph within one year from the date of enactment of this paragraph. Any development or management plan prepared pursuant to subsection (b) shall include (a) provisions for the
dissemination of information to river users and (b) such regulations
relating to the recreational and other uses of the river as may be
necessary in order to protect the area comprising such river (including lands contiguous or adjacent thereto) from damage or destruction
by reason of overuse and to protect its scenic, historic, esthetic and
scientific values. Such regulations shall further contain procedures
and means which shall be utilized in the enforcement of such development and management plan. For the purposes of carrying out the
provisions of this Act with respect to the river designated by this
paragraph, there are authorized to be appropriated not more than
$8,125,000 for the acquisition of lands or interests in lands and
$402,000 for development.".
ADDITION OF RIO GRANDE SEGMENT
Description.
16 USC 1274.
Consultation.
Plan and
provisions.
23 UST 371.
Appropriation
authorization.
SEc. 702. Section 3 (a) of the Wild and Scenic Rivers Act is
amended by adding the following new paragraph at the end thereof:
"(17) RIO GRANDE, TExAs.-The segment on the United States side
of the river from river mile 842.3 above Mariscal Canyon downstream
to river mile 651.1 at the Terrell-Val Verde County line; to be
administered by the Secretary of the Interior. The Secretary shall,
within two years after the date of enactment of this paragraph, take
such action with respect to the segment referred to in this paragraph
as is provided for under subsection (b). The action required by such
subsection (b) shall be undertaken by the Secretary, after consultation with the United States Commissioner, International Boundary
and Water Commission, United States and Mexico, and appropriate
officials of the State of Texas and its political subdivisions. The
development plan .r'equired by subsection (b) shall be construed to be
a general manag-ement plan only for the United States side of the
river and such plan shall include, but not be limited to, the establishment of a detailed boundary which shall include an average of not
more than 160 acres per mile. Nothing in this Act shall be construed
to be in conflict with" (A) the commitments or ap-eements of the United States
made by or in pursuance of the treaty between the United States
and Mexico regarding the utilization of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washing-ton,
February 1944 ( 59 Stat. 1219), or
"(B) the treaty between the United States and Mexico regarding maintenance of the Rio Grande and Colorado River as the
international boundary between the United States and Mexico,
signed November 23.1970.
For purposes of carrying out the provisions of this Act with respect
to the river designated by this paragraph, there are authorized to be
appropriated such sums as may be necessary, but not more than
$1,650,000 for the acquisition of lands and interests in lands and not
more than $1.800.000 for development.".
ADDITION OF SKAGIT SEGMENTS
Boundaries.
SEc. 703. Section 3 (a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(18) SKAGIT, WASHINGTON.-The segment from the pipeline crossing at Sedro-Woolley upstream to and including the mouth of Bacon
HeinOnline -- 92 Stat. 3522 1978
PUBLIC LAW 95-625-NOV. 10, 1978
Creek; the Cascade River from its mouth to the junction of its North
and South Forks; the South Fork to the boundary of the Glacier Peak
Wilderness Area; the Suiattle River from its mouth to the boundary
of the Glacier Peak ·wilderness Area at Milk Creek; the Sauk River
from its mouth to its junction with Elliott Creek; the North Fork
of the Sauk River from its junction with the South Fork of the Sauk
to the boundary of the Glacier Peak ·wilderness Area; as generally
depicted on the boundary map entitled 'Skagit River-River Area
Boundary'; all segments to be administered by the Secretary of Agriculture. Riprapping related to natural channels with natural rock
along the shorelines of the Skagit segment to preserve and protect
agricultural land shall not be considered inconsistent with the values
for which such segment is designated. After consultation with affected
Federal agencies, State and local government and the interested public,
the Secretary shall take such action as is provided for under subsection (b) with respect to the segments referred to in this paragraph
within one year from the date of enactment of this paragraph; as part
of such action, the Secretary of Ag-riculture shall investigate that portion of the North Fork of the Cascade River from its confluence with
the South Fork to the boundary of the North Cascades National Park
and if such portion is found to qualify for inclusion, it shall be treated
as a component of the ·wild and Sceni.c Rivers System designated
under this section upon publication by the Secretary of notification to
that effect in the Federal Register. For the purposes of carrying out
the provisions of this Act with respect to the river designated by this
paragraph there are authorized to be appropriated not more than
$11,734,000 for the acquisition of lands or interest in lands and not
more than $332,000 for development.".
92 STAT. 3523
Consultation.
Investigation and
publication in
Federal Register.
Appropriation
authorization.
ADDITION OF UPPER DELAWARE SEGMENT j SPECIAL PROVISIONS
SEC. 704. (a) Section 3 (a) of the ·wild and Scenic Rivers Act is
amended by adding the following new paragraph at the end thereof:
"(19) UPPER DELAWARE RIVER, ~EW YORK AND PENNSYLVANIA.The segment of the Upper Delaware River from the confluence of the
East and West branches below Hancock, New York, to the existing
railroad bridge immediately downstream of Cherry Island in the
vicinity of Sparrow Bush, New York, as depicted on the boundary
map entitled 'The Upper Delaware Scenic and Recreational River',
dated April 1978; to be administered by the Secretary of the Interior.
Subsection (b) of this section shall not apply, and the boundaries and
classifications of the river shall be as specified on the map referred
to in the precedin~ sentence, except to the extent that such boundaries
or classifications are modified pursuant to section 705(c) of the
National Parks and Recreation Act of 1978. Such boundaries and
classifications shall be published in the Federal Register and shall not
become effective until ninety days after they have been forwarded to
the Committee on Interior and Insular Affairs of the United States
House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate. For purposes of carrying out
the provisions of this Act with respect to the river designated by this
paragraph there are authorized to he appropriated such sums as may
be necessary.".
(b) (1) Notwithstanding any requirement to the contrary contained
in section 6(c) of the ·wild and Scenic Rivers Act, within one hundred
and eighty days after the date of enactment of this Act, the Secretary
shall publish in the Federal Register general guidelines for land and
HeinOnline -- 92 Stat. 3523 1978
Boundaries.
16 USC 1274.
Publication in
Federal Register.
Appropriation
authorization.
Guidelines,
publication in
Federal Register.
16 USC 1274
note.
16 USC 1277.
92 STAT. 3524
PUBLIC LAW 95-625-NOV. 10, 1978
water use control measures to be developed and implemented by the
appropriate officials of the States of New York and Pennsylvania
(hereinafter referred to as the "directly affected States"), by the local
political subdivisions, and by the Delaware River Basin Commission
Participation.
(hereinafter referred to as the "Commission"). The Secretary shall
provide for participation in the development of the said general
guidPlines by all levels of State, county, and local government, and
concerned private individuals and organizations, and also shall seek
the advice of the Upper Delaware Citizens Advisory Council established in subsection (f) (hereinafter referred to as the "Advisory
Public bearings.
Council"). In each of the directly affected States, prior to publication
of such general guidelines, public hearings shall be conducted by the
Secretary or his designee, in the region of the Upper Delaware River
designated by subsection (a) (hereinafter in this section referred to
as the "Upper Delaware River").
(2) The Secretary may from time to time adopt amended or revised
guidelines and shall do so in accordance with the provisions of paragraph (1) hereof.
Management
( c) (1) Within three years from the date of the enactment of this
plan, submittal to Act, the Secretary, in cooperation with the Commission, the Advisory
State Governors.
Council, the directly affected States and their concerned political sub16 USC 1274
divisions and other concerned Federal agencies, shall develop,
note.
approve, and submit to the Governors of the directly affected States
a management plan (hereinafter in this section referred to as the
"management plan" or "the plan") for the Upper Delaware River
which shall provide for as broad a range of land and water uses and
scenic and recreational activities as shall be compatible with the pro16 USC 1271
visions of this section, the Wild and Scenic Rivers Act, and the general
note.
g;uidelines for land and ·water use controls promulgated by the Secretary under the provisions of subsection (b).
·
(2) The plan shall apply to the Upper Delaware River and shall set
forthMap.
(A) a map showing detailed final landward boundaries, and
upper and lower termini of the area and the specific segments of
the river classified as scenic and recreational, to be administered in
accordance with such classifications;
(B) a program for management of existing and future land and
water use, including the application of available management
techniques;
Analysis.
(C) an analysis of the economic and environmental costs and
benefits of implementing the management plan including any
impact of the plan upon revenues and costs of local government;
(D) a program providing for coordinated implementation and
administration of the plan with proposed assignment of responsibilities to the appropriate governmental unit at the Federal,
regional, State, and local levels; and
(E) such other recommendations or provisions as shall be
deemed appropriate to carry out the purposes of this section.
Interim
( 3) Immediately following enactment of this Act, the Secretary,
programs.
through the National Park Service or such other desi,gnee, shall
develop and implement such interim programs as he shall deem necessary and appropriate to protect the Upper Delaware River and its
environs and to protect the J?Ublic health and safety. Such interim
programs shall include provis10ns for information to river users, education and interpretation activities, and regulation of recreational use
of the river.
HeinOnline -- 92 Stat. 3524 1978
PUBLIC LAW 95-625-NOV. 10, 1978
( 4) To enable the directly affected States and their political subdivis10ns to develop and implement programs compatible with the
management plan, the Secretary shall provide such technical assistance to the said States and their political subdivisions as he deems
appropriate.
(5) The Secretary shall promote public awareness of and participation in the development of the management plan, and shall develop
and conduct a concerted program to this end. Prior to final approval
of the management plan, the Secretary shall hold two or more public
hearings in the Upper Delaware River region of each directly affected
State.
(6) Upon approval of the management plan by the Secretary, it
shall be published in the Federal Register and shall not become effective until ninety days after it shall have been forwarded to the Committee on Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural Resources
of the United States Senate. The plan shall be administered by the
Secretary in accordance with the provisions of this section and the
\Vild and Scenic Rivers Act. The S0cretary is hereby grunted such
authority as may be required to implement and administer said plan.
( d) Notwithstanding any provision of the Wild and Scenic Rivers
Act, the Secretary may not acquire more than a total of four hundred
and fifty acres of land and interests in land for access, development
sites, the preservation of scenic qualities, or for any other purposes:
Provided, That the Secretary may acquire additional land and interests
in land for such purposes not in excess of one thousand acres if such
additional acquisition is recommended and proYidrd for in the management plan as finally approved by the Secretary. The limitations contained in this section shall not apply under the circumstances set forth
in subsection ( e) ( 4) of this section. Prior to acquisition of any land
or interests in land which has been used for business purposes during
the annual period immediately preceding the date of the enactment of
this Act, the Secretary shall first make such efforts as he deems reasonable to acquire easements or restricti1:e covenants, or to enter into any
other appropriate a~reements or arrangements with the owners of said
land, consistent with the purposes of this section.
(e) ( 1) For the purpose of protecting the integrity of the Upper
Delaware River, the Secretary shall review all relevant local plans,
laws, and ordinances to determine whether they substantially conform
to the approved management plan provided for in subsection ( c) and
to the general guidelines promulgated by the Secretary pursuant to
subsection (b ). Additionally, the Secretary shall determine the adequacy of enforcement of such plans. laws, and ordinances, including
but not limited to review of building permits and zoning variances
granted by local goyernments, and amendments to local laws and
ordinances.
(2) The purpose of such reviews shall be to determine the degree to
which actions by local governments are compatible with the purposes
of this section. Following the approval of the management plan and
after a reasonable period of time has elapsed, but not less than two
years, upon a finding by the Secretary that such plans, laws, and
ordinances arr nonexistent, are otherwise not in conformance ,vith the
management plan or guidelines. or are not being enforced in such
manner as will carry out the purposes of this sect10n ( as determined
by the Secretary), the Secretary may exercise the authority available
to him under the provisions of paragraph ( 4) hereof.
HeinOnline -- 92 Stat. 3525 1978
92 STAT. 3525
Technical
assistance.
Public hearings.
Publication in
Federal Register.
Administration.
Land and
interests,
acquisition.
16 USC 1274
note.
Local plans, laws,
and ordinances,
conformity,
review.
Determination.
92 STAT. 3526
PUBLIC LAW 95-625-NOV. 10, 1978
Professional
services,
contracts.
( 3) To facilitate administration of this section, the Secretary may
contract with the directly affected States or their political subdivisions
to provide, on behalf of the Secretary, professional services necessary
for the review of relevant local plans, laws, and ordinances, and of
amendments thereto and variances therefrom, and for the monitoring
of the enforcement thereof by local governments having jurisdiction
over any area in the region to which the management plan applies.
Notification.
The Secretary shall notify the appropriate State or local officials
as to the results of his review under this section within forty-five
days from the date he receives notice of the local government action.
( 4) In those sections of the Upper Delaware River where such local
Lands and
plans,
laws, and ordinances, or amendments thereto or variances thereinterests,
from, are found by the Secretary not to be in conformance with the
acquisition.
guidelines or the management plan promulgated pursuant to subsections ( b) and ( c) of this section, respectively, or are not being enforced
in such manner as will carry out the purposes of this section ( as determined by the Secretary), the y them in the performance of
their duties as members of the Committee.
(7) The Committee may accept and utilize the services of
voluntary, uncompensated personnel.
(8) The Committee shall terminate upon the submission to the
President, pursuant to section 4 of the Wild and Scenic Rivers
Act, of the report with respect to the river segments covered by
the study.
Appropriation
authorization.
SEC. 705. AUTHORIZATION.
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this title.
TITLE VIII-PRIVATE RELIEF PROVISIONS
Leroy W.
Sheba!.
SEc. 801. (a) Notwithstanding any other provision of law, including but not limited to section 8 of the Wild and Scenic Rivers Act (16
U.S.C. 1279) or any provision of the public land laws of the United
States, the Secretary of the Interior (hereinafter in this title referred to as the "Secretary") shall survey and convey all right, title,
HeinOnline -- 104 Stat. 4498 1990
PUBLIC LAW 101-628-NOV. 28, 1990
104 STAT. 4509
TITLE XIII
SEc. 1301. This Act may be cited as the "Clarks Fork Wild and
Scenic River Designation Act of 1990".
SEC. 1302. DESIGNATION OF RIVER.
Clarks Fork
Wild and Scenic
River
Designation Act
of 1990.
16 USC 1271
note.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)),
as amended, is further amended by adding at the end the following:
"( ) CLARKS FORK, WYOMING.-(A) The twenty and five-tenthsmile segment from the west boundary of section 3, township 56
north, range 106 west at the Crandall Creek Bridge downstream to
the north boundary of section 13, township 56 north, range 104 west
at Clarks Fork Canyon; to be administered by the Secretary of
Agriculture as a wild river. Notwithstanding subsection (b), the
boundary of the segment shall include all land within four hundred
and forty yards from the ordinary high water mark on both sides of
the river. No land or interest in land may be acquired with respect
to the segment without the consent of the owner thereof. For the Appropriation
purposes of carrying out this paragraph, there is authorized to be authorization.
appropriated $500,000 for development and $750,000 for the acquisition of land and interests therein.
"(B) Designation of a segment of the Clarks Fork by this paragraph as a component of the Wild and Scenic Rivers System shall
not be utilized in any Federal proceeding, whether concerning a
license, permit, right-of-way, or any other Federal action, as a
reason or basis to prohibit the development or operation of any
water impoundment, diversion facility, or hydroelectric power and
transmission facility located entirely downstream from the segment
of the river designated by this paragraph: Provided, That water
from any development shall not intrude upon such segment. Congress finds that development of water impoundments, diversion
facilities, and hydroelectric power and transmission facilities located
entirely downstream from the segment of the river is not incompatible with its designation as a component of the Wild and Scenic
Rivers System.
"(C) The Secretary of Agriculture is directed to apply for the
quantification of the water right reserved by the inclusion of a
portion of the Clarks Fork in the Wild and Scenic Rivers System in
accordance with the procedural requirements of the laws of the
State of Wyoming: Provided, That, notwithstanding any provision of
the laws of the State of Wyoming otherwise applicable to the
granting and exercise of water rights, the purposes for which the
Clarks Fork is designated, as set forth in this Act and this paragraph, are declared to be beneficial uses and the priority date of
such right shall be the date of enactment of this paragraph.
HeinOnline -- 104 Stat. 4509 1990
104 STAT. 4510
PUBLIC LAW 101-628-NOV. 28, 1990
"(D) The comprehensive management plan developed under
subsection (d) for the segment designated by this paragraph shall
provide for all such measures as may be necessary in the control of
fire, insects, and diseases to fully protect the values for which the
segment is designated as a wild river.".
Approved November 28, 1990.
LEGISLATIVE HISTORY-H.R. 2570 (See S. 3068):
HOUSE REPORTS: No. 101-405 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 101-359 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 136 (1990):
Feb. 28, considered and passed House.
Oct. 27, considered and passed Senate, amended. House concurred in Senate
amendment with an amendment. Senate concurred in House amendment.
HeinOnline -- 104 Stat. 4510 1990
105 STAT. 254
PUBLIC LAW 102-50-MAY 24, 1991
Public Law 102-50
102d Congress
An Act
May 24, 1991
[S. 248]
Niobrara Scenic
River
Designation
Act of 1991.
Natural
resources.
16 use 1211
note.
To amend the Wild and Scenic Rivers Act to designate certain segments of the
Niobrara River in Nebraska and a segment of the Missouri River in Nebraska and
South Dakota as components of the wild and scenic rivers system, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION I. SHORT TITLE.
This Act may be cited as the "Niobrara Scenic River Designation
Act of 1991".
SEC. 2. DESIGNATION OF THE RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U .S.C. 127 4(a)) is
amended by adding at the end thereof the following:
"( ) NIOBRARA, NEBRASKA.-(A) The 40-mile segment from
Borman Bridge southeast of Valentine downstream to its confluence
with Chimney Creek and the 30-mile segment from the river's
confluence with Rock Creek downstream to the State Highway 137
bridge, both segments to be classified as scenic and administered by
the Secretary of the Interior. That portion of the 40-mile segment
designated by this subparagraph located within the Fort Niobrara
National Wildlife Refuge shall continue to be managed by the
Secretary through the Director of the United States Fish and Wildlife Service.
"(B) The 25-mile segment from the western boundary of Knox
County to its confluence with the Missouri River, including that
segment of the Verdigre Creek from the north municipal boundary
of Verdigre, Nebraska, to its confluence with the Niobrara, to be
administered by the Secretary of the Interior as a recreational river.
"After consultation with State and local governments and the
interested public, the Secretary shall take such action as is required
under subsection (b) of this section.
"( ) MISSOURI RIVER, NEBRASKA AND SouTH DAKOTA.-The 39mile segment from the headwaters of Lewis and Clark Lake to the
Ft. Randall Dam, to be administered by the Secretary of the Interior
as a recreational river.".
SEC. 3. STUDY OF 6-MILE SEGMENT.
16 use 1274
note.
(a) STUDY.-Section 5(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(a)) is amended by adding the following at the end:
"( ) NIOBRARA, NEBRASKA.-The 6-mile segment of the river from
its confluence with Chimney Creek to its confluence with Rock
Creek.".
(b) WATER RESOURCES PROJECT.-If, within 5 years after the date
of enactment of this Act, funds are not authorized and appropriated
for the construction of a water resources project on the 6-mile
segment of the Niobrara River from its confluence with Chimney
Creek to its confluence with Rock Creek, at the expiration of such 5-
HeinOnline -- 105 Stat. 254 1991
PUBLIC LAW 102-50-MAY 24, 1991
105 STAT. 255
year period the 6-mile segment shall be designated as a component
of the National Wild and Scenic Rivers System by operation of law,
to be administered by the Secretary of the Interior in accordance
with sections 4 and 5 of this Act and the applicable provisions of the
Wild and Scenic Rivers Act (16 U.S.C. 1271-1287). The Secretary of Federal
the Interior shall publish notification to that effect in the Federal Register,
publication.
Register.
SEC. 4. LIMITATIONS ON CERTAIN ACQUISITION.
(a) LIMITATIONS.-ln the case of the 40-mile and 30-mile segments
of the Niobrara River described in the amendment to the Wild and
Scenic Rivers Act made by section 2 of this Act, the Secretary of the
Interior shall not, without the consent of the owner, acquire for
purposes of such segment land or interests in land in more than 5
percent of the area within the boundaries of such segments, and the
Secretary shall not acquire, without the consent of the owner, fee
ownership of more than 2 percent of such area. The limitations on
land acquisition contained in this subsection shall be in addition to,
and not in lieu of, the limitations on acquisition contained in section
6 of the Wild and Scenic Rivers Act.
(b) FINDING; ExcEPTION.-The 5 percent limitation and the 2
percent limitation contained in subsection (a) of this section shall
not apply if the Secretary of the Interior finds, after notice and
opportunity for public comment, that State or local governments are
not, through statute, regulation, ordinance, or otherwise, adequately
protecting the values for which the segment concerned is designated
as a component of the national wild and scenic rivers system.
SEC. 5. NIOBRARA SCENIC RIVER ADVISORY COMMISSION.
(a) EsTABLISHMENT.-There is hereby established the Niobrara
Scenic River Advisory Commission (hereinafter in this Act referred
to as the "Commission"). The Commission shall advise the Secretary
of the Interior (hereinafter referred to as the "Secretary") on matters pertaining to the development of a management plan, and the
management and operation of the 40-mile and 30-mile segments of
the Niobrara River designated by section 2 of this Act which lie
outside the boundary of the Fort Niobrara National Wildlife Refuge
and that segment of the Niobrara River from its confluence with
Chimney Creek to its confluence with Rock Creek.
(b) MEMBERSHIP.-The Commission shall consist of 11 members
appointed by the Secretary(1) 3 of whom shall be owners of farm or ranch property
within the upper portion of the designated river corridor between the Borman Bridge and the Meadville;
(2) 3 of whom shall be owners of farm or ranch property
within the lower portion of the designated river corridor between the Meadville Bridge and the bridge on Highway 137;
(3) 1 of whom shall be a canoe outfitter who operates within
the river corridors;
(4) 1 of whom shall be chosen from a list submitted by the
Governor of Nebraska;
(5) 2 of whom shall be representatives of the affected county
governments or natural resources districts; and
(6) 1 of whom shall be a representative of a conservation
organization who shall have knowledge and experience in river
conservation.
HeinOnline -- 105 Stat. 255 1991
16 use 1274
note.
1s use 1274
note.
105 STAT. 256
PUBLIC LAW 102-50-MAY 24, 1991
(c) TERMS.-Members shall be appointed to the Commission for a
term of 3 years. A member may serve after the expiration of his
term until his successor has taken office.
(d) CHAIRPERSON; VACANCIES.-The Secretary shall designate 1 of
the members of the Commission, who is a permanent resident of
Brown, Cherry, Keya Paha, or Rock Counties, to serve as Chairperson. Vacancies on the Commission shall be filled in the same
manner in which the original appointment was made. Members of
the Commission shall serve without compensation, but the Secretary
is authorized to pay expenses reasonably incurred by the Commission in carrying out its responsibilities under this Act on vouchers
signed by the Chairperson.
(e) TERMINATION.-The Commission shall cease to exist 10 years
from the date of enactment of this Act.
16 USC 1274
note.
16 USC 1274
note.
SEC. 6. MISSOURI RIVER PROVISIONS.
(a) ADMINISTRATION.-The administration of the Missouri River
segment designated in section 2 of this Act shall be in consultation
with a recreational river advisory group to be established by the
Secretary. Such group shall include in its membership representatives of the affected States and political subdivisions thereof, affected Federal agencies, organized private groups, and such individuals as the Secretary deems desirable.
(b) BRIDGES.-The designation of the Missouri River segment by
the amendment made by section 2 of this Act shall not place any
additional requirements on the placement of bridges other than
those contained in section 303 of title 49, United States Code.
(c) EROSION CONTROL.-Within the Missouri River segment designated by the amendment made by section 2 of this Act, the
Secretary shall permit the use of erosion control techniques, including the use of rocks from the area for streambank stabilization
purposes, subject to such conditions as the Secretary may prescribe,
in consultation with the advisory group described in subsection (a) of
this section, to protect the resource values for which such river
segment was designated.
SEC. 7. NATIONAL RECREATION AREA STUDY.
(a) IN GENERAL.-The Secretary of the Interior, acting through the
Director of the National Park Service, shall undertake and complete
a study, within 18 months after the date of enactment of this
section, regarding the feasibility and suitability of the designation of
lands in Knox County and Boyd County, Nebraska, generally adjacent to the recreational river segments designated by the amendments made by section 2 of this Act and adjacent to the Lewis and
Clark Reservoir, as a national recreation area. The Secretary may
provide grants and technical assistance to the State of Nebraska, the
Santee Sioux Indian Tribal Council, and the political subdivisions
having jurisdiction over lands in these 2 counties to assist the
Secretary in carrying out such study. The study under this section
shall be prepared in consultation with the Santee Sioux Tribe,
affected political subdivisions, and relevant State agencies. The
study shall include as a minimum each of the following:
(1) A comprehensive evaluation of the public recreational
opportunities and the flood plain management options which
are available with respect to the river and creek corridors
involved.
HeinOnline -- 105 Stat. 256 1991
PUBLIC LAW 102-50-MAY 24, 1991
105 STAT. 257
(2) An evaluation of the natural, historical, paleontological,
and recreational resources and values of such corridors.
(3) Recommendations for possible land acquisition within the
corridor which are deemed necessary for the purpose of resource
protection, scenic protection and integrity, recreational activities, or management and administration of the corridor areas.
(4) Alternative cooperative management proposals for the
administration and development of the corridor areas.
(5) An analysis of the number of visitors and types of public
use within the corridor areas that can be accommodated in
accordance with the full protection of its resources.
(6) An analysis of the facilities deemed necessary to accommodate and provide access for such recreational uses by visitors,
including the location and estimated costs of such facilities.
(b) SUBMISSION OF REPORT.-The results of such study shall be
transmitted to the Committee on Interior and Insular Affairs of the
House of Representatives and the Committee on Energy and Natural Resources of the Senate.
SEC. 8. STUDY OF FEASIBILITY AND SUITABILITY OF ESTABLISIDNG
NIOBRARA-BUFFALO PRAIRIE NATIONAL PARK.
(a) IN GENERAL.-The Secretary of the Interior shall undertake
and complete a study of the feasibility and suitability of establishing
a national park in the State of Nebraska to be known as the
Niobrara-Buffalo Prairie National Park within 18 months after the
date of enactment of this Act.
(b) AREA To BE STUDIED.-The areas studied under this section
shall include the area generally depicted on the map entitled
"Boundary Map, Proposed Niobrara-Buffalo Prairie National Park",
numbered NBP-80,000, and dated March 1990. The study area shall
not include any lands within the boundaries of the Fort Niobrara
National Wildlife Refuge.
(c) REsOURCEs.-In conducting the study under this section, the
Secretary shall conduct an assessment of the natural, cultural,
historic, scenic, and recreational resources of such areas studied to
determine whether they are of such significance as to merit inclusion in the National Park System.
(d) STUDY REGARDING MANAGEMENT.-In conducting the study
under this section, the Secretary shall study the feasibility of managing the area by various methods, in consultation with appropriate
Federal agencies, the Nature Conservancy, and the Nebraska Game
and Parks Commission.
(e) SUBMISSION OF REPORT.-The results of the study shall be
submitted to the Committee on Interior and Insular Affairs of the
House of Representatives and the Committee on Energy and Natural Resources of the Senate.
HeinOnline -- 105 Stat. 257 1991
16 USC la-5
note.
105 STAT. 258
16 USC 1274
note.
PUBLIC LAW 102-50-MAY 24, 1991
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act.
Approved May 24, 1991.
LEGISLATIVE HISTORY-S. 248:
HOUSE REPORTS: No. 102-51, Pt. 1 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-19 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991):
Apr. 17, considered and passed Senate.
May 14, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991):
May 24, Presidential statement.
HeinOnline -- 105 Stat. 258 1991
PUBLIC LAW 102-214-DEC. 11, 1991
105 STAT. 1663
Public Law 102-214
102d Congress
An Act
To amend the Wild and Scenic Rivers Act by designating segments of the Lamprey
River in the State of New Hampshire for study for potential addition to the
National Wild and Scenic Rivers System, and for other purposes.
Dec. 11, 1991
[H.R. 1099]
Be it enacted by the Senate and House of Representatives of the
Lamprey River
United States of America in Congress assembled,
SECTION I. SHORT TITLE.
This Act may be cited as the "Lamprey River Study Act of 1991".
SEC. 2. STUDY RIVER DESIGNATION.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is
amended by adding at the end thereof the following new paragraph:
"( ) LAMPREY, NEW liAMPSHIRE.-The segment from the southern Lee town line downstream to the confluence with Woodman's
Brook at the base of Sullivan Falls in Durham.".
SEC. 3. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is
amended by adding at the end thereof the following new paragraph:
"(11) The study of the Lamprey River, New Hampshire, shall be
completed by the Secretary of the Interior and the report thereon
submitted not later than 3 years after the date of enactment of this
paragraph.".
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Approved December 11, 1991.
LEGISLATIVE lilSTORY-H.R. 1099 (S. 461):
HOUSE REPORTS: No. 102-348 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-230 accompanying S. 461 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991):
Nov. 23, considered and passed House.
Nov. 26, considered and passed Senate.
HeinOnline -- 105 Stat. 1663 1991
Study Act of
1991.
Conservation.
16 use 1211
note.
PUBLIC LAW 102-215-DEC. 11, 1991
105 STAT. 1664
Public Law 102-215
102d Congress
Dec. 11, 1991
[H.R. 3012]
White Clay
Creek Study Act.
Conservation.
16 USC 1271
note.
An Act
To amend the Wild and Scenic Rivers Act by designating the White Clay Creek in
Delaware and Pennsylvania for study for potential addition to the National Wild
and Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "White Clay Creek Study Act".
SEC. 2. FINDINGS.
Congress finds that(1) the White Clay Creek watershed is one of only a few
relatively undisturbed areas remaining within one of the most
densely populated areas in the country;
(2) the Creek and several of its tributaries were placed on the
Nationwide Rivers Inventory List by the National Park Service
for initially meeting the criteria of the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.);
(3) the concerns and interests of those people who live, work,
and recreate within the watershed will be reflected in the
development of a study and management plan by the Secretary
of the Interior pursuant to this Act; and
(4) the conservation of the watershed, and its outstanding
natural, cultural, and recreational values, is important to the
residents within the watershed and to the residents within the
surrounding suburban and urban areas of Delaware and Pennsylvania.
SEC. 3. STUDY RIVER DESIGNATION.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is
amended by adding at the end the following new paragraph:
"(112)
WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.-The
headwaters of the river in Pennsylvania to its confluence with the
Christina River in Delaware, including the East, West, and Middle
Branches, Middle Run, Pike Creek, Mill Creek, and other main
branches and tributaries as determined by the Secretary of the
Interior (herein after referred to as the White Clay Creek).".
SEC. 4. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is
amended by adding at the end the following new paragraph:
"(ll)(A) The study of the White Clay Creek in Delaware and
Pennsylvania shall be completed and the report submitted not later
than 3 years after the date of enactment of this paragraph.
"(B) In carrying out the study, the Secretary of the Interior shall
prepare a map of the White Clay Creek watershed in Delaware and
Pennsylvania, and shall develop a recommended management plan
for the White Clay Creek. The plan shall provide recommendations
HeinOnline -- 105 Stat. 1664 1991
PUBLIC LAW 102-215-DEC. 11, 1991
105 STAT. 1665
as to the protection and management of the White Clay Creek,
including the role the State and local governments, and affected
landowners, should play in the management of the White Clay
Creek if it is designated as a component of the National Wild and
Scenic Rivers System.
"(C) The Secretary shall prepare the study, including the rec-
ommended management plan, in cooperation and consultation with
appropriate State and local governments, and affected landowners.".
Approved December 11, 1991.
LEGISLATIVE lllSTORY-H.R. 3012 (S. 1552):
HOUSE REPORTS: No. 102-344 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-233 accompanying S. 1552 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991):
Nov. 23, considered and passed House.
Nov. 26, considered and passed Senate.
HeinOnline -- 105 Stat. 1665 1991
105 STAT. 1674
PUBLIC LAW 102-220-DEC. 11, 1991
Public Law 102-220
102d Congress
Dec. 11, 1991
[H.R. 3604]
An Act
To direct acquisitions within the Eleven Point Wild and Scenic River, to establish the
Greer Spring Special Management Area in Missouri, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
Greer Spring
United States of America in Congress assembled,
Acquisition and
Protection Act of SECTION 1. SHORT TITLE.
1991.
This Act may be cited as the "Greer Spring
Conservation.
16 USC 539h
Protection Act of 1991".
note.
16 use 539h
SEC. 2. ACQUISITION OF THE DENNIG TRACT.
note.
Acquisition and
(a) The Secretary of Agriculture (hereinafter referred to as the
"Secretary") is hereby authorized and directed, subject to appropriations, to acquire all of the lands, waters, and interests therein, on a
willing seller basis only, within the area generally depicted on a
map entitled "Dennig Tract", dated November 5, 1991 (hereinafter
referred to as "the map"). The map, together with a legal description of such lands, shall be on file and available for public inspection
in the offices of the Forest Service, Department of Agriculture. The
boundaries of the Mark Twain National Forest are hereby modified
to include the area denoted "Dennig Property Outside of National
Forest Boundary" on the map. Such map and legal description shall
have the same force and effect as if included in this Act, except that
the correction of clerical and typographical errors in such map and
legal description may be made by the Secretary.
(b) Such modified boundaries shall be considered as the boundaries in existence as of January 1, 1965, for the purposes of section 7
of the Land and Water Conservation Fund Act (16 U.S.C. 4601-9).
16 use 539h
note.
1s use 539h.
SEC. 3. ELEVEN POINT WILD AND SCENIC RIVER.
The Secretary shall manage the lands, waters, and interests
therein within the area referred to on the map as "The Eleven Point
Wild and Scenic Corridor" (hereinafter referred to as "the corridor"), pursuant to the provisions of the Wild and Scenic Rivers Act
(16 U.S.C. 1271-1287). Lands acquired pursuant to section 2 of this
Act within the corridor shall not be counted against the average
one-hundred-acre-per-mile fee limitation of Section 6(a)(l) of the
Wild and Scenic Rivers Act, nor shall such lands outside the corridor be subject to the provisions of Section 6(a)(2) of the Wild and
Scenic Rivers Act.
SEC. 4. GREER SPRING SPECIAL MANAGEMENT AREA.
(a) OBJECTIVES AND ESTABLISHMENTS.-ln order to provide for
public outdoor recreation use, including fishing and hunting, in a
natural setting, and the enjoyment of certain areas within the Mark
Twain National Forest, to protect those areas' natural, archaeological, and scenic resources, and to provide for appropriate resource
management of those areas, there is hereby established the Greer
Spring Special Management Area (hereinafter referred to as "the
HeinOnline -- 105 Stat. 1674 1991
PUBLIC LAW 102-220-DEC. 11, 1991
105 STAT. 1675
special management area"). The Secretary shall manage the special
management area in accordance with this Act, and with provisions
of law generally applicable to units of the National Forest System to
the extent consistent with this Act.
(b) AREA INCLUDED.-The special management area shall consist
of lands, waters, and interests therein within the area referred to on
the map as "The Greer Spring Special Management Area". The
Secretary is authorized to make minor revisions to the boundary of
the special management area.
(c) TIMBER HARVESTING.-The Secretary shall permit the harvesting of timber within the special management area only in those
cases where, in the judgment of the Secretary, the harvesting of
timber is required in order to control insects or disease, for public
safety, for salvage sales, or to accomplish the objectives of the
special management area as described in subsection (a). To the
extent practicable, timber harvesting shall be conducted only by the
individual tree selection method.
(d) HUNTING AND F!SHING.-The Secretary shall permit hunting
and fishing on lands and waters within the special management
area in accordance with applicable Federal and State law.
(e) MINING AND MINERAL LEASING.-Subject to valid, existing
rights, lands within the special management areas are withdrawn
from location, entry, and patent under the mining laws of the
United States, and from the operation of the mineral and geothermal leasing laws of the United States.
(0 VEHICULAR AccESs.-The Secretary shall construct and maintain only those roads within the special management area and
corridor which are indicated on the map: Provided, That the Secretary shall provide access to such roads, or to timber harvesting
pursuant to subsection (c), in such a manner as to minimize environmental impact.
SEC. 5. APPROPRIATIONS.
16 USC 539h
There are hereby authorized to be appropriated such sums as may note.
be necessary to carry out the purposes of this Act.
Approved December 11, 1991.
LEGISLATIVE IIlSTORY-H.R. 3604:
HOUSE REPORTS: No. 102-346, Pt. 1 (Comm. on Agriculture) and Pt. 2 (Comm.
on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 137 (1991):
Nov. 22, considered and passed House.
Nov. 26, considered and passed Senate.
HeinOnline -- 105 Stat. 1675 1991
PUBLIC LAW 102-249-MAR. 3, 1992
106 STAT. 45
Public Law 102-249
102d Congress
An Act
To designate certain rivers in the State of Michigan as components of the National
Wild and Scenic Rivers System, and for other purposes.
Mar. 3, 1992
[H.R. 476]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Michigan Scenic
SECTION 1. SHORT TITLE.
This Act may be cited as the "Michigan Scenic Rivers Act of
1991".
SEC. 2. FINDINGS.
The Congress finds that(1) the State of Michigan possesses many outstanding freeflowing rivers which with their adjacent lands have resource
values of national significance, such as outstanding wildlife
and fisheries, ecological and recreational values, and historic
and prehistoric sites;
(2) many of these rivers have been found to be eligible for
inclusion in the National Wild and Scenic Rivers System by
the United States Forest Service while others possess outstanding values that make them eligible for wild and scenic river
designation; and
(3) the conservation of these river areas and their outstanding
natural, cultural, and recreational values is important to the
heritage of Michigan and to its tourism and outdoor recreation
industry and long-term economic development.
SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATION.
(a) Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding the following new paragraphs at
the end thereof:
"( ) BEAR CREEK, M!CHIGAN.-The 6.5-mile segment from Coates
Highway to the Manistee River, to be administered by the Secretary
of Agriculture as a scenic river.
"( ) BLACK, MICIDGAN.-The 14-mile segment from the Ottawa
National Forest boundary to Lake Superior, to be administered
by the Secretary of Agriculture as a scenic river.
"( ) CARP, M1cmGAN.-The 27.8-mile segment from the west
section line of section 30, township 43 north, range 5 west, to
Lake Huron, to be administered by the Secretary of Agriculture
in the following classes:
"(A) The 2.3-mile segment from the west section line of section
30, township 43 north, range 5 west, to Forest Development
Road 3458 in section 32, township 43 north, range 5 west,
as a scenic river.
"(B) The 6.5-mile segment from the Forest Development Road
3458 in section 32, township 43 north, range 5 west, to Michigan
State Highway 123, as a scenic river.
HeinOnline -- 106 Stat. 45 1992
Rivers Act of
&~rvation.
16 USC 1271
note.
. 106 STAT. 46
PUBLIC LAW 102-249-MAR. 3, 1992
"(C} The 7.5-mile segment from Michigan State Highway
123 to one quarter of a mile upstream from Forest Development
Road 3119, as a wild river.
"(D) The 0.5-mile segment from one quarter of a mile
upstream of Forest Development Road 3119 to one quarter
mile downstream of Forest Development Road 3119, as a scenic
river.
"(E) The 4.9-mile segment from one quarter of a mile downstream of Forest Development Road 3119 to McDonald Rapids,
as a wild river.
"(F) The 6.1-mile segment from McDonald Rapids to Lake
Huron, as a recreational river.
"( ) INDIAN, MicmGAN.-The 51-mile segment from Hovey Lake
to Indian Lake to be administered by the Secretary of Agriculture
in the following classes:
"(A) The 12-mile segment from Hovey Lake to Fish Lake,
as a scenic river.
"(B) The 39-mile segment from Fish Lake to Indian Lake,
as a recreational river.
"( ) MANISTEE, MicmGAN.-The 26-mile segment from the Michigan DNR boat ramp below Tippy Dam to the Michigan State
Highway 55 bridge, to be administered by the Secretary of Agriculture as a recreational river.
"( ) ONTONAGON, MICIDGAN.-Segments of certain tributaries,
totaling 157.4 miles, to be administered by the Secretary of Agriculture as follows:
"(A} The 46-mile segment of the East Branch Ontonagon
from its origin at Spring Lake to the Ottawa National Forest
boundary in the following classes:
"(i) The 20.5-mile segment from its origin at Spring Lake
to its confluence with an unnamed stream in section 30,
township 48 north, range 37 west, as a recreational river.
"(ii) The 25.5-mile segment from its confluence with an
unnamed stream in section 30, township 48 north, range
37 west, to the Ottawa National Forest boundary, as a
wild river.
"(B) The 59.4-mile segment of the Middle Branch Ontonagon,
from its origin at Crooked Lake to the northern boundary
of the Ottawa National Forest in the following classes:
"(i) The 20-mile segment from its origin at Crooked Lake
to Burned Dam, as a recreational river.
"(ii) The 8-mile segment from Burned Dam to Bond Falls
Flowage, as a scenic river.
"(iii) The 8-mile segment from Bond Falls to Agate Falls,
as a recreational river.
"(iv) The 6-mile segment from Agate Falls to Trout Creek,
as a scenic river.
"(v) The 17.4-mile segment from Trout Creek to the
northern boundary of the Ottawa National Forest, as a
wild river.
"(C) The 37-mile segment of the Cisco Branch Ontonagon
from its origin at Cisco Lake Dam to its confluence with TenMile Creek south of Ewen in the following classes:
"(i) The IO-mile segment from the origin of Cisco Branch
Ontonagon at Cisco Lake Dam to the County Road 527
crossing, as a recreational river.
HeinOnline -- 106 Stat. 46 1992
PUBLIC LAW 102-249-MAR. 3, 1992
"(ii) The 27-mile segment from the Forest Development
Road 527 crossing to the confluence of the Cisco Branch
and Ten-Mile Creek, as a scenic river.
"(D) The 15-mile segment of the West Branch Ontonagon
from its confluence with Cascade Falls to Victoria Reservoir,
in the following classes:
"(i) The 10.5-mile segment from its confluence with Cascade Falls to its confluence with the South Branch
Ontonagon, as a recreational river.
"(ii) The 4.5-mile segment from its confluence with the
South Branch Ontonagon to Victoria Reservoir, as a recreational river.
Nothwithstanding any limitation contained in this Act, the Secretary is authorized to acquire lands and interests in lands which,
as of August 1, 1990, were owned by Upper Peninsula Energy
Corporation, and notwithstanding any such limitation, such lands
shall be retained and managed by the Secretary as part of the
Ottawa National Forest, and those lands so acquired which are
within the boundaries of any segment designated under this paragraph shall be retained and managed pursuant to this Act.
"( ) PAINT, MICHIGAN.-Segments of the mainstream and certain
tributaries, totaling 51 miles, to be administered by the Secretary
of Agriculture as follows:
"(A) The 6-mile segment of the main stem from the confluence
of the North and South Branches Paint to the Ottawa National
Forest boundary, as a recreational river.
"(B) The 17-mile segment of the North Branch Paint from
its origin at Mallard Lake to its confluence with the South
Branch Paint, as a recreational river.
"(C) The 28-mile segment of the South Branch Paint from
its origin at Paint River Springs to its confluence with the
North Branch Paint, as a recreational river.
"( ) PINE, MICHIGAN.-The 25-mile segment from Lincoln Bridge
to the east V16th line of section 16, township 21 north, range
13 west, to be administered by the Secretary of Agriculture as
a scenic river.
"( ) PRESQUE ISLE, MICHIGAN.-Segments of the mainstream
and certain tributaries, totaling 57 miles, to be administered by
the Secretary of Agriculture as follows:
"(A) The 23-mile segment of the mainstream, from the confluence of the East and West Branches of Presque Isle to
Minnewawa Falls, to be classified as follows:
"(i) The 17-mile segment from the confluence of the East
and West Branches Presque Isle to Michigan State Highway 28, as a recreational river.
"(ii) The 6-mile segment from Michigan State Highway
28 to Minnewawa Falls, as a scenic river.
"(B) The 14-mile segment of the East Branch Presque Isle
within the Ottawa National Forest, as a recreational river.
"(C) The 7-mile segment of the South Branch Presque Isle
within the Ottawa National Forest, as a recreational river.
"(D) The 13-mile segment of the West Branch Presque Isle
within the Ottawa National Forest, as a scenic river.
"( ) STURGEON, HIAWATHA NATIONAL FOREST, MicHIGAN.-The
43.9-mile segment from the north line of section 26, township 43
north, range 19 west, to Lake Michigan, to be administered by
the Secretary of Agriculture in the following classes:
HeinOnline -- 106 Stat. 47 1992
106 STAT. 47
106 STAT. 48
PUBLIC LAW 102-249-MAR. 3, 1992
"(A) The 21.7-mile segment from the north line of section
26, township 43 north, range 19 west, to Forest Highway 13
as a scenic river.
"(B) The 22.2-mile segment from Forest Highway 13 to Lake
Michigan as a recreational river.
"( ) STURGEON, 0TIAWA NATIONAL FOREST, MICHIGAN.-The 25mile segment from its entry into the Ottawa National Forest to
the northern boundary of the Ottawa National Forest, to be
administered by the Secretary of Agriculture in the following
classes:
"(A) The 16.5-mile segment from its entry into the Ottawa
National Forest to Prickett Lake, as a wild river.
"(B) The 8.5-mile segment from the outlet of Prickett Lake
Dam to the northern boundary of the Ottawa National Forest,
as a scenic river.
"( ) EAST BRANCH OF THE TAHQUAMENON, MICHIGAN.-The 13.2mile segment from its origin in section 8, township 45 north, range
5 west, to the Hiawatha National Forest boundary, to be administered by the Secretary of Agriculture in the following classes:
"(A) The 10-mile segment from its origin in section 8, township 45 north, range 5 west, to the center of section 20, township
46 north, range 6 west, as a recreational river.
"(B) The 3.2-mile segment from the center of section 20,
township 46 north, range 6 west, to the boundary of the Hiawatha National Forest, as a wild river.
"( ) WHITEFISH, MICHIGAN.-Segments of the mainstream and
certain tributaries, totaling 33.6 miles, to be administered by the
Secretary of Agriculture as follows:
"(A) The 11.1-mile segment of the mainstream from its confluence with the East and West Branches of the Whitefish
to Lake Michigan in the following classes:
"(i) The 9-mile segment from its confluence with the
East and West Branches of the Whitefish to the center
of section 16, township 41 north, range 21 west, as a
scenic river.
"(ii) The 2.1-mile segment from the center of section
16, township 41 north, range 21 west, to Lake Michigan,
as a recreational river.
"(B) The 15-mile segment of the East Branch Whitefish from
the crossing of County Road 003 in section 6, township 44
north, range 20 west, to its confluence with the West Branch
Whitefish, as a scenic river.
"(C) The 7.5-mile segment of the West Branch Whitefish
from County Road 444 to its confluence with the East Branch
Whitefish, as a scenic river.
"( ) YElLOW Doo, MICHIGAN.-The 4-mile segment from its
origin at the outlet of Bulldog Lake Dam to the boundary of the
Ottawa National Forest, to be administered by the Secretary of
Agriculture as a wild river.".
SEC. 4. WILD AND SCENIC RIVER STUDIES.
(a) STUDY RIVERS.-Section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)) is amended by adding the following new
paragraphs at the end thereof:
"( ) BRULE, MICHIGAN AND WISCONSIN.-The 33-mile segment
from Brule Lake in the northeast quarter of section 15, township
HeinOnline -- 106 Stat. 48 1992
PUBLIC LAW 102-249-MAR. 3, 1992
41 north, range 13 east, to the National Forest boundary at the
southeast quarter of section 31, township 41 north, range 17 east.
"( ) CARP, M!CHIGAN.-The 7.6-mile segment from its origin
at the confluence of the outlets of Frenchman Lake and Carp
Lake in section 26, township 44 north, range 6 west, to the west
section line of section 30, township 43 north, range 5 west.
"( ) LITTLE MANISTEE, MICHIGAN.-The 42-mile segment within
the Huron-Manistee National Forest.
"( ) WHITE, MICHIGAN.-The 75.4-mile segment within the
Huron-Manistee National Forest as follows:
"(A) The 30.8-mile segment of the main stem from U.S.
31 to the Huron-Manistee National Forest boundary at the
north line of section 2, township 13 north, range 15 west,
1.5 miles southwest of Hesperia.
"(B) The 18.9-mile segment of the South Branch White from
the Huron-Manistee National Forest boundary east of Hesperia
at the west line of section 22, township 14 north, range 14
west, to Echo Drive, section 6, township 13 north, range 12
west.
"(C) The 25.7-mile segment of the North Branch White from
its confluence with the South Branch White in section 25,
township 13 north, range 16 west, to McLaren Lake in section
11, township 14 north, range 15 west.
"( ) ONTONAGON, M!CHIGAN.-The 32-mile segment of the
Ontonal$on as follows:
''(A) The 12-mile segment of the West Branch from the Michigan State Highway 28 crossing to Cascade Falls.
"(B) The 20-mile segment of the South Branch from the
confluence of the Cisco Branch and Tenmile Creek to the confluence with the West Branch Ontonagon.
"( ) PAINT, MICHIGAN.-The 70-m.ile segment as follows:
"(A) 34 miles of the mainstream beginning at the eastern
boundary of the Ottawa National Forest in section 1, township
44 north, range 35 west, to the city of Crystal Falls.
"(B) 15 miles of the mainstream of the Net River from its
confluence with the east and west branches to its confluence
with the mainstream of the Paint River.
"(C) 15 miles of the east branch of the Net River from
its source in section 8, township 4 7 north, range 32 west,
to its confluence with the mainstream of the Net River in
section 24, township 46 north, range 34 west.
"(D) 14 miles of the west branch of the Net River from
its source in section 35, township 48 north, range 34 west,
to its confluence with the mainstream of the Net River in
section 24, township 46 north, range 34 west.
"( ) PR.ESQUE ISLE, MICHIGAN.-The 13-mile segment of the
mainstream from Minnewawa Falls to Lake Superior.
"( ) STURGEON, 0TIAWA NATIONAL FOREST, MICHIGAN.-The 36mile segment of the mainstream from the source at Wagner Lake
in section 13, township 49 north, range 31 west, to the eastern
boundary of the Ottawa National Forest in section 12, township
48 north, range 35 west.
"( ) STURGEON, HIAWATHA NATIONAL FOREST, MICHIGAN.-The
18.1-mile segment from Sixteen Mile Lake to the north line of
section 26, township 43 north, range 19 west.
"( ) TAHQUAMENON, MlCHIGAN.-The 103.5-mile segment as
follows-
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106 STAT. 49
106 STAT. 50
Reports.
PUBLIC LAW 102-249-MAR. 3, 1992
"(A) the 90-mile segment of the mainstream beginning at
the source in section 21, township 47 north, range 12 west,
to the mouth at Whitefish Bay; and
"(B) the 13.5-mile segment of the east branch from the western boundary of the Hiawatha National Forest in section 19,
township 46 north, range 6 west, to its confluence with the
mainstream.
"( ) WHITEFISH, MICHIGAN.-The 26-mile segment of the West
Branch Whitefish from its source in section 26, township 46 north,
range 23 west, to County Road 444.".
(b) STUDY PROVISIONS.-Section 5(b) of such Act (16 U.S.C.
1276(b)) is amended by adding at the end thereof the following
new paragraph:
"(11) The study of segments of the Brule, Carp, Little Manistee,
White, Paint, Presque Isle, Ontonagon, Sturgeon (Hiawatha), Sturgeon (Ottawa), Whitefish, and Tahquamenon Rivers in Michigan
under subsection (a) shall be completed by the Secretary of Agriculture and the report submitted thereon not later than at the
end of the third fiscal year beginning after the date of enactment
of this paragraph. For purposes of such river studies, the Secretary
shall consult with each River Study Committee authorized under
section 5 of the Michigan Scenic Rivers Act of 1990, and shall
encourage public participation and involvement through hearings,
workshops, and such other means as are necessary to be effective.".
SEC. 5. RIVER STUDY COMMITI'EES.
(a) ESTABLISHMENT AND MEMBERSHIP.-At the earliest practicable
date following the date of the enactment of this Act, the Secretary
of Agriculture (hereinafter in this section referred to as the "Secretary"), in consultation with the Michigan Department of Natural
Resources, shall establish for each river identified in section 4
a River Study Committee (hereinafter in this section referred to
as "Committee"). Membership on each Committee shall consist of
members appointed as follows:
(1) Two members appointed by the appropriate Secretary.
(2) Two members appointed by the Secretary from recommendations made by the Governor of the State of Michigan
from the Department of Natural Resources.
(3) Two members appointed by the Secretary from among
representatives of local or State conservation and environmental groups.
(4) One member appointed by the Secretary from among
representatives of each of the towns included in the study
area.
(5) Two members appointed by the Secretary from commercial
timber interests in the State of Michigan.
(6) One nonvoting member who shall be an employee of
the Forest Service.
(b) ADMINISTRATIVE PRoVISIONs.-(1) A vacancy in a Committee
shall be filled in the manner in which the original appointment
was made.
(2) The Chair of a Committee shall be elected by the members
of the Committee.
(3) The members of the Committee who are not full-time officers
or employees of the United States shall serve without compensation.
HeinOnline -- 106 Stat. 50 1992
PUBLIC LAW 102-249-MAR. 3, 1992
106 STAT. 51
(c) TECHNICAL AsSISTANCE F'RoM THE SECRETARY.-The Secretary
shall provide such technical and financial assistance to each such
Committee as the Secretary deems necessary.
(d) STATE AND LocAL SERVICES.-Each such Committee may
accept services and other assistance from State and local governments.
(e) STUDY PRocEss.-Each River Study Committee shall advise
the Secretary in the preparation of the report to Congress required
by section 4 of the Wild and Scenic Rivers Act (16 U.S.C. 1275(a))
for the rivers specified in section 4 of this Act.
(f) TERMINATION.-Each such Committee shall terminate upon
submission of the report to Congress referred to in subsection
(e) for the river concerned.
(g) BRULE RIVER STUDY COMMl'ITEE.-For the purposes of the
Brule River Study Committee established pursuant to subsection
(a), any reference in this section to the State of Michigan shall
be deemed to be a reference to the State of Michigan and the
State of Wisconsin.
SEC. 6. MISCEILANEOUS.
(a) HUNTING, FISHING, AND TRAPPING.-Consistent with section
13(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1271-1287),
nothing in this Act shall be construed to enlarge, diminish, or
modify the jurisdiction or responsibilities of the State of Michigan
with respect to fish and wildlife, including hwiting, fishing, and
trapping on any lands administered by the Secretary of Agriculture
pursuant to this Act.
(b) SEA LAMPREY CoNTROL.-Notwithstanding any other provision
of law, the installation and operation of facilities or other activities
within or outside the boundaries of those river segments designated
by this Act for the control of the lamprey eel shall be permitted
subject to such restrictions and conditions as the Secretary of Agriculture may prescribe for the protection of water quality and other
values of the river, including the wild and scenic characteristics
of the river: Provided, That the Secretary shall determine in the
river management plan for each such designated river that such
facilities or activities are necessary for control of the lamprey eel.
(c) AccESS.-The Secretary shall maintain traditional public
access to the river segments designated by this Act, except that
the Secretary, in consultation with the Director of the Michigan
Department of Natural Resources, shall provide in the river management plan for each designated river segment for maintenance,
closure, relocation, stabilization, improvements, or other appropriate
adjustments as may be necessary for the management of such
river segments.
HeinOnline -- 106 Stat. 51 1992
16 USC 1274
note.
106 STAT. 52
PUBLIC LAW 102-249-MAR. 3, 1992
(d) RULE OF CONSTRUCTION.-Nothing in this Act shall be construed as enlarging, diminishing, or modifying the limitations on
the acquisition of lands within a designated river segment contained
in section 6(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(b)).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out the purposes of this Act.
Approved March 3, 1992.
LEGISLATIVE HISTORY-H.R. 476:
HOUSE REPORTS: No. 102-84 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-240 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 137 (1991): June 3, considered and passed House.
Vol. 138 (1992): Feb. 7, considered and passed Senate, amended.
Feb. 18, House concurred in Senate amendments.
HeinOnline -- 106 Stat. 52 1992
106 STAT. 108
PUBLIC LAW 102-271-APR. 20, 1992
Public Law 102-271
102d Congress
An Act
Apr. 20, 1992
[S. 606]
Conservation.
To amend the Wild and Scenic Rivers Act by designating certain segments of
the Allegheny River in the Commonwealth of Pennsylvania as a component of
the National Wild and Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.
SECTION 1, DESIGNATION OF ALLEGHENY RIVER.
use 1274
In order to preserve and protect for present and future generations the outstanding scenic, natural, recreational, scientific, historic, and ecological values of the Allegheny River in the Commonwealth of Pennsylvania, and to assist in the protection, preservation, .
and enhancement of the fisheries resources associated with such
river, section 3{a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding the following new paragraph at
the end:
"( ) .ALLEGHENY, PENNSYLVANIA.-The Segll'.lent from Kinzua
Dam downstream approximately 7 miles to the United States Route
6 Bridge, and the segment from Buckaloons Recreation Area at
Irvine, Pennsylvania, downstream approximately 4 7 miles to the
southern end of Alcorn Island at Oil City, to be administered
by the Secretary of Agriculture as a recreational river through
a cooperative agreement with the Commonwealth of Pennsylvania
and the counties of Warren, Forest, and Venango, as provided
under section lO(e) of this Act; and the segment from the sewage
treatment plant at Franklin downstream approximately 31 miles
to the refinery at Emlenton, Pennsylvania, to be administered by
the Secretary of Agriculture as a recreational river through a
cooperative agreement with the Commonwealth of Pennsylvania
and Venango County, as provided under section lO{e) of this Act.".
use 1274
SEC. 2. ADVISORY COUNCILS FOR THE ALLEGHENY NATIONAL RECREATIONAL RIVER.
16
note.
16
note.
(a) EsTABLISHMENT.-The Secretary of .Agriculture (hereafter in
this Act referred to as the "Secretary") shall establish within 120
days after the date of enactment of this Act 2 advisory councils
to advise him on the establishment of final boundaries and the
management of the river segments designated by section 1 of this
Act (hereinafter referred to as the "Allegheny National Wild and
Scenic River"), as follows:
(1) The Northern Advisory Council, to provide advice for
the management of the segments of the Allegheny National
Wild and Scenic River between Kinzua Dam and Alcorn Island.
(2) The Southern Advisory Council, to provide advice for
the mana_gement of the segment of the Allegheny National
Wild and Scenic River between Franklin and Emlenton.
(b) NORTHERN ADVISORY COUNCIL.--(1) The Northern Advisory
Council shall be composed of 9 members appointed by the Secretary
as follows:
HeinOnline -- 106 Stat. 108 1992
PUBLIC LAW 102-271-APR. 20, 1992
106 STAT. 109
(A) The Forest Supervisor of the Allegheny National Forest,
or his designee, who shall serve as chair of the Council and
be a nonvoting member.
(B) The Secretary of the Department of Environmental
Resources of the Commonwealth of Pennsylvania, or his designee.
(C) 6 members, 2 from each county from recommendations
submitted by the County Commissioners of Warren, Forest,
and Venango Counties, of which no fewer than 2 such members
shall be riparian property owners along the Allegheny National
Wild and Scenic River.
(D) One member from a nonprofit conservation organization
concerned with the protection of natural resources from recommendations submitted by the Governor of the Commonwealth of Pennsylvania.
(2) Members appointed under subparagraphs (C) and (D) of paragraph (1) shall be appointed for terms of 3 years. A vacancy in
the Council shall be filled in the manner in which the original
appointment was made.
(3) Members of the Northern Advisory Council shall serve without
pay as such and members who are full-time officers or employees
of the United States shall receive no additional pay by reason
of their service on the Commission. Each member shall be entitled
to reimbursement for expenses reasonably incurred in carrying
out their responsibilities under this Act.
(4) The Northern Advisory Council shall cease to exist 10 years Termination
after the date on which the Secretary approves the management date.
plan for the Allegheny National Recreation River.
(c) SOUTHERN ADVISORY CoUNCIL.-(1) The Southern Advisory
Council shall be composed of 7 members appointed by the Secretary
as follows:
(A) The Forest Supervisor of the Allegheny National Forest,
or his designee, who shall serve as a nonvoting member.
(B) The Secretary of the Department of Environmental
Resources of the Commonwealth of Pennsylvania, or his designee, who shall serve as chairman.
(C) 4 members from recommendations submitted by the
County Commissioners of Venango County, of which at least
one shall be a riparian property owner along the Allegheny
National Wild and Scenic River.
(D) One member from a nonprofit conservation organization
concerned with the protection of natural resources, from recommendations submitted by the Governor of the Commonwealth of Pennsylvania.
(2) Members appointed under subparagraphs (C) and (D) of paragraph (1) shall be appointed for terms of 3 years. A vacancy of
the county representatives on the Council shall be filled in the
manner in which the original appointment was made.
(3) Members of the Southern Advisory Council shall serve without
pay as such and members who are full-time officers or employees
of the United States shall receive no additional pay by reason
of their service on the Commission. Each member shall be entitled
to reimbursement for expenses reasonably incurred in carrying
out their responsibilities under this Act.
HeinOnline -- 106 Stat. 109 1992
106 STAT. 110
PUBLIC LAW 102-271-APR. 20, 1992
Termination
(4) The Southern Advisory Council shall cease to exist 10 years
after the date on which the Secretary approves the management
plan for the Allegheny National Recreation River.
16 use 1214
SEC. 3. ADMINISTRATION OF ALLEGHENY NATIONAL WILD AND SCE·
NIC RIVER.
dat.e.
not.e.
Public lands.
Minerals and
mining.
(a) BoUNDARIEs.-After consultation with the Commonwealth of
Pennsylvania, advisory councils, local governments, and the public,
and within 18 months after the enactment of this Act, the Secretary
shall take such action with respect to the segments of the Allegheny
River designated under section 1 of this Act as is required under
section 3(b) of the Wild and Scenic Rivers Act.
(b) INTERIM MEASURES.-As soon as practicable after enactment
of this Act, the Secretary, shall issue guidelines specifying standards
for local zoning ordinances, pursuant to section 6(c) of the Wild
and Scenic Rivers Act, with the objective of protecting the outstandingly remarkable values of the Allegheny Wild and Scenic
River, as defined by the Secretary. Once issued, such guidelines
shall have the force and effect provided in section 6(c) of the
Wild and Scenic Rivers Act.
(c) ADMINISTRATION OF CERTAIN SEGMENTS.--(1) Land and mineral rights acquired by the Secretary for the purpose of managing
the Allegheny National Wild and Scenic River segments located
between Kinzua Dam and Alcorn Island shall be added to and
become part of the Allegheny National Forest.
(2) Land and mineral rights acquired by the Secretary for the
purpose of managing the Allegheny National Wild and Scenic River
segment located between Franklin and Emlenton may be managed
under a cooperative agreement with the Commonwealth of Pennsylvania.
SEC. 5. STUDY RIVERS.
16 use 1216.
(a) STUDY.-Section 5(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1271-1287) is amended by adding the following new paragraphs at the end thereof:
"( ) CLARION, PENNSYLVANIA.-The segment of the main stem
of the river from Ridgway to its confluence with the Allegheny
River. The Secretary of Agriculture shall conduct the study of
such segment.
HeinOnline -- 106 Stat. 110 1992
PUBLIC LAW 102-271-APR. 20, 1992
"(
106 STAT. 111
) MILL CREEK, JEFFERSON AND CLARION COUNTIES, PENN-
SYLVANIA.-The segment of the main stem of the creek from its
headwaters near Gumbert Hill in Jefferson County, downstream
to the confluence with the Clarion River.".
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Approved April 20, 1992.
LEGISLATIVE HISTORY-S. 606 i:H.R. 1323):
HOUSE REPORTS: No. 102-87 accompanying H.R. 1323 (Comm. on Interior and
Insular Affairs).
SENATE REPORTS: No. 102-282 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 137 (1991): June 3, H.R. 1323 considered and passed House.
Nov. 26, S. 606 considered and passed Senate.
Vol. 138 (1992): Feb. 18, 19, considered and passed House, amended.
Apr. 8, Senate concurred in House amendment.
HeinOnline -- 106 Stat. 111 1992
16 USC 1274
note.
PUBLIC LAW 102-275-APR. 22, 1992
106 STAT. 128
Public Law 102-275
102d Congress
An Act
To amend the Wild and Scenic Rivers Act by designating certain rivers in the
State of Arkansas as components of the National Wild and Scenic Rivers System,
and for other purposes.
Apr. 22, 1992
[S. 1743]
Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
Arkansas Wild
SECTION 1. SHORT TITLE.
and Scenic
Rivers Act
This Act ,,may be cited as the "Arkansas Wild and Scenic Rivers ~!:;ation.
Act of 1992 .
16 USC 1271
SEC. 2. WU,D, SCENIC, AND RECREATIONAL RIVER DESIGNATIONS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraphs:
"(
) BIG PINEY CREEK, ARKANSAS.-The 45.2-mile segment
from its origin in section 27, township 13 north, range 23 west,
to the Ozark National Forest boundary, to be administered by
the Secretary of Agriculture as a scenic river.
"(
) BUFFALO RIVER, ARKANSAS.-The 15.8-mile segment from
its origin in section 22, townshi_p 14 north, range 24 west, to
the Ozark National Forest boundary, to be administered by the
Secretary of Agriculture in the following classes:
"(A) The 6.4-mile segment from its origin in section 22, township 14 north, range 24 west, to the western boundary of
the Upper Buffalo Wilderness, as a scenic river.
"(B) The 9.4-mile segment from the western boundary of
the Upper Buffalo Wilderness to the Ozark National Forest
boundary, as a wild river.
"(
) COSSATOT RIVER, ARKANSAS.-Segments of the main stem
and certain tributaries, totaling 20. l miles, to be administered
as follows:
"(A) The 4.2-mile segment of the main stem from its confluence with Mine Creek to the Caney Creek Wilderness Boundary on the north section line of section 13, township 4 south,
range 30 west, to be administered by the Secretary of Agriculture as a recreational river.
"(B) The 6.9-mile segment of the main stem from the Caney
Creek Wilderness Boundary on the north section line of section
13, township 4 south, range 30 west, to the south section
line of section 20, township 4 south, range 30 west, to be
administered by the Secretary of Agriculture as a scenic river.
"(C) The 4.4-mile segment of the Brushy Creek tributary
from the north line of the south lf2 of the southeast 1/4 of
section 7, township 4 south, range 30 west, to the south section
line of section 20, township 4 south, range 30 west, to be
administered by the Secretary of Agriculture as a scenic river.
"(D) The 4.6-mile segment of the main stem from the State
Highway 4 bridge to Duchett's Ford, to be administered by
the Secretary of the Army as a scenic river consistent with
HeinOnline -- 106 Stat. 123 1992
note.
106 STAT. 124
PUBLIC LAW 102-275-APR. 22, 1992
the operation of Gillham Dam (as authorized by section 203
of the Flood Control Act of 1958 (Public Law 85-500)). For
purposes of management of such segment, the Secretary of
the Army may enter into a cooperative agreement or memorandum of understanding or other appropriate arrangement with
the Secretary of Agriculture or an appropriate official of the
State of Arkansas.
"(
) HURRICANE CREEK, AR'KANSAS.-The 15.5-mile segment
from its origin in section 1, township 13 north, range 21 west,
to its confluence with Big Piney Creek, to be administered by
the Secretary of Agriculture in the following classes:
"(A) The 11.8-mile segment from its origin in section 1., township 13 north, range 21 west, to the western bounaary of
the private land bordering Hurricane Creek Wilderness, as
a scenic river.
"(B) The 2.4-mile segment from the western boundary of
the private land bordering the Hurricane Creek Wilderness
to the Hurricane Creek Wilderness boundary, as a wild river.
"(C) The 1.3-mile segment from the Hurricane Creek Wilderness boundary to its confluence with Big Piney Creek, as a
scenic river.
"(
) LrrrLE MISSOURI RlvER, ARKANSAS.--Segments totaling
15. 7 miles, to be administered by the Secretary of Agriculture
in the following classes:
"(A) The 11.3-mile segment from its origin in the northwest
% of section 32, township 3 south, range 28 west, to the
west section line of section 22, township 4 south, range 27
west, as a scenic river.
"(B) The 4.4-mile segment from the north line of the southeast
% of the southeast % of section 28, township 4 south, range
27 west, to the north line of the northwest % of the southwest
% of section 5, township 5 south, range 27 west, as a wild
river.
"(
) MULBERRY RlvER, AR'KANSAS.-The 56.0-mile segment
from its origin in section 32, township 13 north, range 23 west,
to the Ozark National Forest boundary, to be administered by
the Secretary of Agriculture in the following classes:
"(A) The 36.6-mile segment from its origin in section 32,
township 13 north, range 23 west, to Big Eddy Hollow in
section 3, township 11 north, range 27 west, as a recreational
river.
"(B) The 19.4-mile segment from Big Eddy Hollow in section
3, township 11 north, range 27 west, to the Ozark National
Forest boundary, as a scenic river.
"(
) NORTH 8YLAMORE CREEK, AR'KANSAS.-The 14.5-mile segment from the Clifty Canyon Botanical Area boundary to its confluence with the White River, to be administered by the Secretary
of Agriculture as a scenic river.
"(
) RICHLAND CREEK, ARKANSAS.-The 16.5-mile segment
from its origin in section 35, township 13 north, range 20 west,
to the northern boundary of section 32, township 14 north, ran,;e
18 west, to be administered by the Secretary of Agriculture m
the following classes:
"(A) The 7.8-mile segment from its origin in section 35, township 13 north, range 20 west, to the western boundary of
the Richland Creek Wilderness, as a scenic river.
HeinOnline -- 106 Stat. 124 1992
106 STAT. 125
PUBLIC LAW 102-275-APR. 22, 1992
"(B) The 5.3-mile segment from the western
the Richland Creek Wilderness to the eastern
the Richland Creek Wilderness, as a wild river.
"(C) The 3.4-mile segment from the eastern
the Richland Creek Wilderness to the northern
section 32, township 14 north, range 18 west,
river.".
boundary of
boundary of
boundary of
boundary of
as a scenic
SEC. 3. FEDERAL PROTECTION FOR STATE DESIGNATED RIVERS.
(a) IN GENERAL.-The river segments described in subsection
(b) are designated as components of the National Wild and Scenic
Rivers System to be managed by the State of Arkansas in accordance with the requirements for rivers included in the National
Wild and Scenic Rivers System pursuant to section 2(a)(ii) of the
Wild and Scenic Rivers Act (16 U.S.C. 1273(a)(ii)).
(b) RIVER SEGMENTS.-The river segments referred to in subsection (a) are-(1) the 10.4-mile segment of the Cossatot River from the
Forest Proclamation Boundary to the intersection with State
Highway 4; and
(2) the 0.3-mile segment of the Brushy Creek tributary from
the Forest Proclamation Boundary to its confluence with the
Cossatot River.
SEC. 4. SAVINGS PROVISION.
Nothing in this Act is intended to prohibit the Secretary of
the Army from(1) operating Gillham Lake, including lake levels and
releases, in a manner consistent with the Gillham project (as
authorized by section 203 of the Flood Control Act of 1958
(Public Law 85-500)); or
(2) establishing a public use area for float trip termination
at the confluence of the Cossatot River with Gillham Lake.
Approved April 22, 1992.
LEGISLATIVE HISTORY-S. 1743:
HOUSE REPORTS: No. 102-473 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-210 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 137 (1991): Nov. 26, considered and passed Senate.
Vol. 138 (1992): Mar. 30, considered and passed House, amended.
Apr. 8, Senate concurred in House amendments.
HeinOnline -- 106 Stat. 125 1992
16 USC 1274
note.
106 STAT. 242
PUBLIC LAW 102-301-JUNE 19, 1992
Public Law 102-301
102d Congress
An Act
June 19, 1992
[H.R. 2556)
California.
Conservation.
Environmental
protection.
16 use 1132
note.
Entitled the "Los Padres Condor Range and River Protection Act".
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that( 1) areas of undeveloped National Forest System lands within
Los Padres National Forest have outstanding natural characteristics which will, if properly preserved, contribute as an enduring resource of wilderness for the benefit of the American
people; and
(2) it is in the national interest that certain of these areas
be designated as components of the National Wilderness
Preservation System and Wild and Scenic Rivers System or
reserved from mineral entry in order to preserve such areas
and their specific multiple values for watershed preservation,
wildlife habitat protection, scenic and historic preservation,
scientific research, educational use, primitive recreation, solitude, physical and mental challenge, and inspiration for the
benefit of all of the American people of present and future
generations.
SEC. 2. DESIGNATION OF WILDERNESS AREAS.
In furtherance of the purposes of the Wilderness Act, the following
National Forest System lands are hereby designated as wilderness
and, therefore, as components of the National Wilderness Preservation System:
(1) Certain lands in Los Padres National Forest and the
Angeles National Forest, California, which comprise approximately 219,700 acres, which are generally depicted on a map
entitled "Sespe Wilderness Area-Proposed" and dated September 1991, which shall be known as the Sespe Wilderness. In
recognition of the significant role that Mr. Gene Marshall
played in the development of this Act, the Secretary of Agriculture is authorized and directed to name the existing trail
between Reyes Creek and Lion Campgrounds as the Gene
Marshall-Piedra Blanca National Recreational Trail.
(2) Certain lands in Los Padres National Forest, California,
which comprise approximately 29,600 acres, which are generally depicted on a map entitled "Matilija Wilderness AreaProposed" and dated September 1991, which shall be known
as the Matilija Wilderness.
(3) Certain lands in Los Padres National Forest, California,
which comprise approximately 46,400 acres, which are generally depicted on a map entitled "San Rafael Wilderness Addition-Proposed" and dated September 1991, and which lands
are hereby incorporated in, and shall be managed as part
of, the San Rafael Wilderness.
HeinOnline -- 106 Stat. 242 1992
PUBLIC LAW 102-301-JUNE 19, 1992
106 STAT. 245
in accordance with section 111 (except for subsection (e)) of such
Act.
SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS.
In order to preserve and protect for present and future generations the outstandingly remarkable values of Sespe Creek, the
Big Sur River, and the Sisquoc River, all in California, section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding the following new paragraphs at the end:
"( ) SESPE CREEK, CALIFORNIA.-The 4-mile segment of the main
stem of the creek from its confluence with Rock Creek and Howard
Creek downstream to its confluence with Trout Creek, to be
administered by the Secretary of Agriculture as a scenic river;
and the 27.5-mile segment of the main stem of the creek extending
from its confluence with Trout Creek downstream to where it leaves
section 26, township 5 north, range 20 west, to be administered
by the Secretary of Agriculture as a wild river.
"( ) SISQUOC RIVER, CALIFORNIA.-The 33-mile segment of the
main stem of the river extending from its origin downstream to
the Los Padres Forest boundary, to be administered by the Secretary of Agriculture as a wild river.
"( ) BIG SUR RIVER, CALIFORNIA.-The main stems of the South
Fork and North Fork of the Big Sur River from their headwaters
to their confluence and the main stem of the river from the confluence of the South and North Forks downstream to the boundary
of the Ventana Wilderness in Los Padres National Forest, for a
total distance of approximately 19.5 miles, to be administered by
the Secretary of Agriculture as a wild river.".
SEC. 7. STUDY RIVERS.
(a) DESIGNATION.-Section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)) is amended by adding the following new
paragraphs at the end thereof:
"( ) PIRU CREEK, CALIFORNIA.-The segment of the main stem
of the creek from its source downstream to the maximum pool
of Pyramid Lake and the segment of the main stem of the creek
beginning 300 feet below the dam at Pyramid Lake downstream
to the maximum pool at Lake Piru, for a total distance of approximately 49 miles.
"( ) LI'ITLE SUR RIVER, CALIFORNIA.-The segment of the main
stem of the river from its headwaters downstream to the Pacific
Ocean, a distance of approximately 23 miles. The Secretary of
Agriculture shall consult with the Big Sur Multiagency Advisory
Council during the study of the river.
"( ) MATILIJA CREEK, CALIFORNIA.-The segment from its headwaters to its junction with Murietta Canyon, a distance of approximately 16 miles.
"( ) LOPEZ CREEK, CALIFORNIA.-The segments from its headwaters to Lopez Reservoir, a distance of approximately 11 miles.
"( ) SESPE CREEK, CALIFORNIA.-The segment from Chorro
Grande Canyon downstream to its confluence with Rock Creek
and Howard Creek, a distance of about 10.5 miles.".
(b) CoNSULTATION.-Each study shall be conducted by the Secretary of Agriculture. The studies of the rivers and creeks named
in subsection (a) shall be made in consultation with local authorities
and appropriate local and State agencies.
HeinOnline -- 106 Stat. 245 1992
106 STAT. 246
PUBLIC LAW 102-301-JUNE 19, 1992
SEC. 8. MINERAL WITHDRAWAL.
(a) IN GENERAL.-Subject to valid existing rights, federally owned
lands and interests therein that are depicted on a map entitled
"Mineral Withdrawal Area, California Coastal Zone, Big Sur-Proposed" and dated September 1991 are withdrawn from entry, location, appropriation, leasing, sale, or disposition under the mining
laws, mineral leasing and geothermal leasing laws of the United
States.
(b) MINING CLAIMS.-Subject to valid existing rights, all mining
claims located within the withdrawal area depicted on the map
described in subsection (a) shall be subject to such regulations
as the Secretary of Agriculture may prescribe to ensure that mining
will, to the greatest practicable extent, be consistent with the protection of scenic, scientific, cultural, and other resources of the area.
The Secretary of Agriculture shall not approve any plan of operation
prior to a determination that the unpatented mining claim was
valid prior to the mineral withdrawal created by this Act and
remains valid. A patent for land within the withdrawal area that
is issued after the date of enactment of this Act shall convey
title only to the minerals together with the right to use the surface
of lands for mining purposes subject to such regulations.
SEC. 9. ADDITIONAL USES OF CERTAIN LANDS IN CALIFORNIA.
(a) REMOVAL OF RESTRICTIONS.-Notwithstanding the restrictions
otherwise applicable under the terms of conveyance by the United
States of any of the lands described in subsection (b) to either
the city of Pittsburg, California, or Merced County, California,
or under any agreement concerning any part of such lands between
either such city or such county and the Secretary of the Interior
or any other officer or agent of the United States, the lands
described in subsection (b) may be used for the purposes specified
in subsection (c) of this section.
(b) LANDs AFFECTED.-The lands referred to in subsection (a)
of this section are(1) any portion not exceeding 1.5 acres of the lands described
in that certain Quitclaim Deed of the United States to the
city of Pittsburg, California, bearing the date of March 25,
1960, and recorded in Record of Deeds of the County of Contra
Costa, State of California, as document No. 79015, in Book
3759 at page 1 of Records; and
(2) the south 15 acres of the 40 acres located in the northwest
quarter of the southwest quarter of section 20, township 7
south, range 13 east, Mount Diablo base line and Meridian
in Merced County, California, conveyed to such county by deed
recorded in volume 1941 at page 441 of the official records
in Merced County, California.
(c) AUTHORIZED UsES.-{1) The city of Pittsburg, California, may
use the lands described in subsection (b)(l) of this section for
a fire station or other public purpose, or may transfer such lands
to another governmental entity on condition that such entity retain
and use such lands for such purpose.
(2) Merced County, California, may authorize the use of the
lands described in subsection (b)(2) of this section for an elementary
school serving children without regard to their race, creed, color,
national origin, physical or mental disability, or sex, operated by
a nonsectarian organization on a nonprofit basis and in compliance
with all applicable requirements of the laws of the United States
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PUBLIC LAW 102-301-JUNE 19, 1992
106 STAT. 247
and the State of California. If Merced County permits such lands
to be used for such purposes, the county shall include information
concerning such use in the periodic reports to the Secretary of
the Interior required under the terms of the conveyance of such
lands to the county by the United States. Any violation of the
provisions of this paragraph shall be deemed to be a breach of
the conditions and covenants under which such lands were conveyed
to Merced County by the United States, and shall have the same
effect as provided in the deed whereby the United States conveyed
the lands to the county. Except as specified in this subsection,
nothing in this Act shall increase or diminish the authority or
responsibility of the county with respect to the lands.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this Act and amendments made by this Act.
Approved June 19, 1992.
LEGISLATIVE HISTORY-H.R. 2556:
HOUSE REPORTS: No. 102-290, Pt. 1 (Comm. on Int.erior and Insular Affairs).
SENATE REPORTS: No. 102-291 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 137 (1991): Nov. 12, considered and passed House.
Vol. 138 (1992): June 4, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
June 19, Presidential statement.
HeinOnline -- 106 Stat. 247 1992
106 STAT. 2212
PUBLIC LAW 102-432-0CT. 23, 1992
Public Law 102-432
102d Congress
An Act
Oct.23, 1992
[H.R. 2431]
To amend the Wild and Scenic Rivers Act by designating a segment of the Lower
Merced River in California as a component of the National Wild and Scenic
Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF THE LOWER MERCED RIVER FOR INCLU·
SION IN THE WILD AND SCENIC RIVERS SYSTEM.
16 USC 1274.
Section 3(a)(62) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(62)) is hereby amended(1) by striking "The main stem" and inserting in lieu
thereof, "(A) The main stem";
(2) by striking "paragraph" whenever it appears and inserting in lieu thereof "subparagraph"; and
(3) by adding the following new subparagraph at the end
thereof:
"(B)(i) The main stem from a point 300 feet upstream of the
confluence with Bear Creek downstream to the normal maximum
operating pool water surface level of Lake McClure (elevation 867
feet mean sea level) consisting of approximately 8 miles, as generally depicted on the map entitled 'Merced Wild and Scenic River',
dated April, 1990. The Secretary of the Interior shall administer
the segment as recreational, from a point 300 feet upstream of
the confluence with Bear Creek downstream to a point 300 feet
west of the boundary of the Mountain King Mine, and as wild,
from a point 300 feet west of the boundary of the Mountain King
Mine to the normal maximum operating pool water surface level
of Lake McClure. The requirements of subsection (b) of this section
shall be fulfilled by the Secretary of the Interior through appropriate
revisions to the Sierra Management Framework Plan for the Sierra
Planning Area of the Folsom Resource Area, Bakersfield District,
Bureau of Land Management. There are authorized to be appropriated such sums as may be necessary to carry out the purposes
of this subparagraph.
"(ii) To the extent permitted by, and in a manner consistent
with section 7 of this Act (16 U.S.C. 1278), and in accordance
with other applicable law, the Secretary of the Interior shall permit
the construction and operation of such pumping facilities and associated pipelines as identified in the Bureau of Land Management
right-of-way application CACA 26084, filed by the Mariposa County
Water Agency on November 7, 1989, and known as the 'Saxon
Creek Project', to assure an adequate supply of water from the
Merced River to Mariposa County.
"(C) With respect to the segments of the main stem of the
Merced River and the South Fork Merced River designated as
recreational or scenic pursuant to this paragraph or by the appropriate agency pursuant to subsection (b), the minerals to Federal
lands which constitute the bed or bank or are situated within
HeinOnline -- 106 Stat. 2212 1992
PUBLIC LAW 102-432-0CT. 23, 1992
106 STAT. 2213
one-quarter mile of the bank are hereby withdrawn, subject to
valid existing rights, from all forms of appropriation under the
mining laws and from operation of the mineral leasing laws including, in both cases, amendments thereto.".
SEC. 2. STUDY OF THE NORTH FORK OF THE MERCED RIVER.
Section 5(a) of the Wild and Scenic Rivers Act, as amended
(16 U.S.C. 1276(a)), is further amended by adding the following
new rraragraph at the end thereof:
' ( ) NORTH FORK MERCED, CALIFORNIA.-The segment from
its headwaters to its confluence with the Merced River, by the
Secretary of Agriculture and the Secretary of the Interior.".
SEC. 3. NEW EXCHEQUER PROJECT.
The designation of the river segments referred to in section
1 of this Act as components of the Wild and Scenic Rivers System
shall not affect the continued operation and maintenance (including
flood control operations) of the New Exchequer Project (Project
No. 2179) as licensed by the Federal Energy Regulatory Commission
on the date of enactment of this Act or the Commission's authority
to issue a new license to the existing licensee for such project
within the project boundaries set forth in the license on the date
of enactment of this Act: Provided, That if the Commission issues
a new license to the existing licensee for such a project, the normal
maximum operating pool water surface level authorized in the
project's license shall not exceed elevation 867.0 mean sea level.
Approved October 23, 1992.
LEGISLATIVE IIlSTORY-H.R. 2431 (S. 549):
HOUSE REPORTS: No. 102-349 (Comm. on Int.erior and Insular Affairs).
SENATE REPORTS: No. 102-231 accompanying S. 549 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD:
Vol. 137 (1991): Nov. 23, considered and passed House.
Vol. 138 (1992): Mar. 26, S. 549 considered and passed Senat.e.
Apr. 9, H.R. 2431 considered and passed Senat.e, amended.
Sept. 29, House concurred in Senat.e amendment with an
amendment.
Oct. 7, Senat.e concurred in House amendment.
HeinOnline -- 106 Stat. 2213 1992
106 STAT. 2270
PUBLIC LAW 102-460-0CT. 23, 1992
Public Law 102-460
102d Congress
An Act
Oct. 23, 1992
[H.R. 6179]
Conservation.
New Jersey.
Pennsylvania.
To amend the Wild and Scenic Rivers Act.
Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
SECTION 1. WILD AND SCENIC RIVER STUDY.
(a) STUDY.-Section 5(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1276(a)) is amended by adding at the end thereof the
following new paragraph:
"( ) DELAWARE RIVER, PENNSYLVANIA AND NEW JERSEY.-(A)
The approximately 3.6-mile segment from the Erie Lackawanna
Railroad Bridge to the southern tip of Dildine Island.
"(B) The approximately 2-mile segment from the southern tip
of Mack Island to the northern border of the town of Belvidere,
New Jersey.
"(C) The approximately 12.5-mile segment from the southern
border of the town of Belvidere, New Jersey, to the northern border
of the city of Easton, Pennsylvania, excluding river mile 196.0
to 193.8.
"(D) The approximately 9.5-mile segment from the southern
border of the town of Phillipsburg, New Jersey, to a point just
north of the Gilbert Generating Station.
"(E) The approximately 14.2-mile segment from a point just
south of the Gilbert Generating Station to a point just north of
the Point Pleasant Pumping Station.
"(F) The approximately 6.5-mile segment from a point just
south of the Point Pleasant Pumping Station to the north side
of the Route 202 bridge.
"(G) The approximately 6-mile segment from the southern
boundary of the town of New Hope, Pennsylvania, to the town
of Washington Crossing, Pennsylvania.
"(H) The Cook's Creek tributary.
"(I) The Tinicum Creek tributary.
"(J) The Tohickon Creek tributary.".
(b) ELIGIBILITY STUDY AND REPORT.-Section 5(b) of the Wild
and Scenic Rivers Act, as amended, (16 U.S.C. 1276(b)) is amended
by adding at the end the following new paragraph:
"(ll)(A) The study of the Delaware River segments and tributaries designated for potential addition to the National Wild and
Scenic Rivers System pursuant to section 5(a)( ) of this Act shall
be completed and the report submitted to Congress not later than
one year after the date of enactment of this paragraph.
"(B) The Secretary shall"(i) prepare the study in cooperation and consultation with
appropriate Federal, State, regional, and local agencies,
including but not limited to, the Pennsylvania Department
of Environmental Resources, the New Jersey Department of
Environmental Protection and Energy, the Delaware and
HeinOnline -- 106 Stat. 2270 1992
PUBLIC LAW 102-460-QC'f. 23, 1992
106 STAT. 2271
Lehigh Navigation Canal National Heritage Corridor Commission, and the Delaware and Raritan Canal Commission; and
"(ii) consider previous plans for the protection of affected
cultural, recreational, and natural resources (including water
supply and water quality) and existing State and local regulations, so as to avoid unnecessary duplication.
"(C) Pursuant to section ll(b)(l) of this Act, the Secretary
shall undertake a river conservation plan for the segment of the
Delaware River from the northern city limits of Trenton, New
Jersey, to the Southern boundary of Bucks County, Pennsylvania.".
(c) EXISTING FACILITIES AND POSSIBLE ADDITIONS THERETO.The study of the river segments and tributaries designated for
potential addition to the National Wild and Scenic Rivers System
under subsection (a) shall not be used in any proceeding or otherwise to preclude, prevent, restrict, or interfere with the completion,
continued or changed operation, maintenance, repair, construction,
reconstruction, replacement, or modification of the Gilbert Generating Station and associated facilities, the Point Pleasant Pumping
Station and associated facilities, the Portland Generating Station
and associated facilities, the Martins Creek Steam Electric Station
and associated facilities, or the Merrill Creek Reservoir Project
and associated facilities, or with the licensing, permitting, relicensing, or repermitting of such projects, stations, and associated facilities. Such study designation shall not preclude or interfere with
the licensing, permitting, construction, operation, maintenance,
repair, relicensing, or repermitting of any additions to any such
facilities, so long as such additions are outside the segments of
the Delaware River designated for study by subsection (a) and
impounded backwater from any such addition does not intrude
on any such segment, and so long as the values present in such
segments on the date of enactment of this Act are not unreasonably
diminished thereby.
(d) TRANSMISSION AND DISTRIBUTION FACILITIES.-The study
of the river segments and tributaries designated for potential addition to the National Wild and Scenic Rivers System under subsection (a) of this Act shall not be used in any proceeding or
otherwise to preclude, prevent, restrict, or interfere with the present
or future access to or operation, maintenance, repair, construction,
reconstruction, replacement, or modification of electric or gas transmission or distribution lines across or adjacent to such segments,
or with the licensing, permitting, relicensing, or repermitting of
such lines across such segments: Provided, however, That during Energy.
the study of such segments, each new electric or gas transmission
HeinOnline -- 106 Stat. 2271 1992
106 STAT. 2272
PUBLIC LAW 102-460-0CT. 23, 1992
or distribution line across any such segment shall be located no
further than % mile from the center line of any transmission
or distribution line across any such segment in existence on the
date of enactment of this Act.
(e) AUTHORIZATION OF APPROPRIATIONS.-There are authorized
to be appropriated such sums as are necessary to carry out this
section.
Approved October 23, 1992.
LEGISLATIVE HISTORY-H.R. 6179:
CONGRESSIONAL RECORD,
Vol.
138 (1992):
Oct. 5, considered and passed House.
Oct. 8, considered and passed Senate.
HeinOnline -- 106 Stat. 2272 1992
PUBLIC LAW 102-525-0CT. 26, 1992
106 STAT. 8441
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
16 USC 410xx-3.
There are hereby authorized to be appropriated such sums
as may be necessary to carry out the purposes of this title. Any
funds available for the purposes of the monument shall be available
for the purposes of the park, and authorizations of funds for the
monument shall be available for the park.
TITLE ill-NATIONAL PARK SYSTEM ADVISORY
COMMITTEES
SEC. 301. NATIONAL PARK SYSTEM ADVISORY COMMITI'EES.
16 use la-14.
(a) CHARTER.-The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776) are
hereby waived with respect to any advisory commission or advisory
committee established by law in connection with any national park
system unit during the period such advisory commission or advisory
committee is authorized by law.
(b) MEMBERS.-ln the case of any advisory commission or
advisory committee established in connection with any national
park system unit, any member of such Commission or Committee
may serve after the expiration of his or her term until a successor
is appointed.
SEC. 302. MISSISSIPPI NATIONAL RIVER AND RECREATION AREA.
Section 703(i) of the Act of November 18, 1988 entitled "An
Act to provide for the designation and conservation of certain lands
in the States of Arizona and Idaho, and for other purposes" (Public
Law 100-696; 102 Stat. 4602; 16 U.S.C. 460zz-2) is amended by
striking "3 years after enactment of this Act" and inserting "3
years after appointment of the full membership of the Commission".
SEC. 303. EXTENSION OF GOLDEN GATE NATIONAL RECREATION
AREA ADVISORY COMMITIEE.
Section 5(g) of the Act approved October 27, 1972 (16 U.S.C.
460bb--4(g)), is amended by striking out "twenty years" and inserting in lieu thereof"thirty years".
TITLE IV-NEW RIVER WILD AND SCENIC STUDY
SEC. 401. DESIGNATION OF NEW RIVER AS A STUDY RIVER.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(a)) is amended by adding the following new paragraph at
the end thereof:
"(
) NEW RlvER, WEST VIRGINIA AND VIRGINIA.-The segment
defined by public lands commencing at the U.S. Route 460 bridge
over the New River in Virginia to the maximum summer pool
elevation (one thousand four hundred and ten feet above mean
sea level) of Bluestone Lake in West Virginia; by the Secretary
of the Interior. Nothing in this Act shall affect or impair the
management of the Bluestone project or the authority of any department, agency or instrumentality of the United States to carry
out the project purposes of that project as of the date of enactment
of this paragraph. The study of the river segment identified in
this paragraph shall be completed and reported on within one
year after the date of enactment of this paragraph.".
59-194 0-93-23: QL 3 (Pt. 4)
HeinOnline -- 106 Stat. 3441 1992
Reports.
106 STAT. 3528
PUBLIC LAW 102-536-0CT. 27, 1992
Public Law 102-536
102d Congress
Oct. 27, 1992
[H.R. 5853]
Conservation.
An Act
To designate segments of the Great Egg Harbor River and its tributaries in the
State of New Jersey as components of the National Wild and Scenic Rivers
System.
Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
SECTION 1. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding the following new paragraph at
the end thereof:
"( ) GREAT EGG HARBOR, NEW JERSEY.-39.5 miles of the
main stem to be administered by the Secretary of the Interior
in the following classifications:
"(A) from the mouth of the Patcong Creek to the mouth
of Perch Cove Run, approximately 10 miles, as a scenic river;
"(B) from Perch Cove Run to the Mill Street Bridge,
approximately 5.5 miles, as a recreational river;
"(C) from Lake Lenape to the Atlantic City Expressway,
approximately 21 miles, as a recreational river; and
"(D) from Williamstown-New Freedom Road to the Pennsylvania Railroad right-of-way, approximately 3 miles, as a
recreational river, and
89.5 miles of the following tributaries to be administered by the
Secretary of the Interior in the following classifications:
"(E) Squankum Branch from its confluence with Great
Egg Harbor River to Malaga Road, approximately 4.5 miles,
as a recreational river;
"(F) Big Bridge Branch, from its confluence with Great
Egg Harbor River to headwaters, approximately 2.2 miles, as
a recreational river;
"(G) Penny Pot Stream Branch, from its confluence with
Great Egg Harbor River to 14th Street, approximately 4.1 miles,
as a recreational river;
"(H) Deep Run, from its confluence with Great Egg Harbor
River to Pancoast Mill Road, approximately 5.4 miles, as a
recreational river;
"(I) Mare Run, from its confluence with Great Egg Harbor
River to Weymouth Avenue, approximately 3 miles, as a recreational river;
"(J) Babcock Creek, from its confluence with Great Egg
Harbor River to headwaters, approximately 7.5 miles, as a
recreational river;
"(K) Gravelly Run, from its confluence with Great Egg
Harbor River to Pennsylvania Railroad Right-of-Way, approximately 2. 7 miles, as a recreational river;
"(L) Miry Run, from its confluence with Great Egg Harbor
River to Asbury Road, approximately 1.7 miles, as a recreational river;
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PUBLIC LAW 102-536-0CT. 27, 1992
106 STAT. 3529
"(M) South River, from its confluence with Great Egg Harbor River to Main Avenue, approximately 13.5 miles, as a
recreational river;
"(N) Stephen Creek, from its confluence with Great Egg
Harbor River to New Jersey Route 50, approximately 2.3 miles,
as a recreational river;
"(0) Gibson Creek, from its confluence with Great Egg
Harbor River to First Avenue, approximately 5.6 miles, as
a recreational river;
"(P) English Creek, from its confluence with Great Egg
Harbor River to Zion Road, approximately 3.5 miles, as a recreational river;
"(Q) Lakes Creek, from its confluence with Great Egg Harbor River to the dam, approximately 2.2 miles, as a recreational
river;
"(R) Middle River, from its confluence with Great Egg
Harbor River to the levee, approximately 5.6 miles, as a scenic
river;
"(S) Patcong Creek, from its confluence with Great Egg
Harbor River to Garden State Parkway, approximately 2.8
miles, as a recreational river;
"(T) Tuckahoe River Oower segment) from its confluence
with Great Egg Harbor River to the Route 50 bridge, approximately 9 miles, as a scenic river;
"(U) Tuckahoe River, from the Route 50 Brid~e to Route
49 Bridge, approximately 7.3 miles, as a recreational river;
and
"(V) Cedar Swamp Creek, from its confluence with
Tuckahoe River to headwaters, approximately 6 miles, as a
scenic river.".
16 USC 1274
SEC. 2. MANAGEMENT.
note.
(a) DUTIES OF SECRETARY.-The Secretary of the Interior shall
manage the river segments designated as components of the
National Wild and Scenic Rivers System by this Act through
cooperative agreements with the political jurisdictions within which
such segments pass, pursuant to section lO(e) of the Wild and
Scenic Rivers Act, and in consultation with such jurisdictions, except
that publicly-owned lands within the boundaries of such segments
shall continue to be managed by the agency having jurisdiction
over such lands.
(b) AGREEMENTS.-(!) Cooperative agreements for management
of the river segments referred to in subsection (a) shall provide
for the long-term protection, preservation, and enhancement of such
segments and shall be consistent with the comprehensive management plans for such segments to be prepareci by the Secretary
of the Interior pursuant to section 3(d) of the Wild and Scenic
Rivers Act and with local river management plans prepared by
appropriate local political jurisdictions in conjunction with the Secretary of the Interior.
(2) The Secretary of the Interior, in consultation with appropriate representatives of local political jurisdictions and the State
of New Jersey, shall review local river management plans described
in paragraph (1) to assure that their proper implementation will
protect the values for which the river segments described in subsection (a) were designated as components of the National Wild
and Scenic Rivers System. If after such review the Secretary deter-
HeinOnline -- 106 Stat. 3529 1992
106 STAT. 3530
Reports.
Appropriation
authorization.
PUBLIC LAW 102-536-0CT. 27, 1992
mines that such plans meet the protection standards for local zoning
ordinances specified in section 6(c) of the Wild and Scenic Rivers
Act, such J)lans shall be deemed to constitute "local zoning. ordinances" and each township and other incorporated local jurisdiction
covered by such plans shall be deemed to constitute a "village"
for the purposes of section 6(c) (prohibiting the acquisition of lands
by condemnation) of the Wild and Scenic Rivers Act.
(3) The Secretary of the Interior shall biennially review compliance with the local river management plans described in paragraph
(1) and shall promptly report to the Committee on Interior and
Insular Affairs of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate any deviation
from such plans which could result in any diminution of the values
for which the river seginent concerned was designated as a component of the National Wild and Scenic Rivers System.
(c) PLANNING AssISTANCE.-{1) The Secretary of the Interior
may. provide planning assistance to local political subdivisions of
the State of New Jersey through which flow river segments that
are designated as components of the National Wild and Scenic
Rivers System, and may enter into memoranda of understanding
or cooperative agreements with officials or agencies of the United
States or the State of New Jersey to ensure that Federal and
State programs that could affect such segments are carried out
in a manner consistent with the Wild and Scenic Rivers Act and
applicable river management plans.
(2) For purposes of the planning assistance authorized and
reviews required by this subsection, there are hereby authorized
to be appropriated not to exceed $70,000 annually.
Approved October 27, 1992.
LEGISLATIVE HISTORY-H.R. 5853 (S. 3217):
HOUSE REPORTS: No. 102-952 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-471 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 138 (1992):
Sept. 29, considered and passed House.
Oct. 7, considered and passed Senate.
HeinOnline -- 106 Stat. 3530 1992
107 STAT. 1968
PUBLIC LAW 103-162-DEC. 1, 1993
Public Law 103-162
103d Congress
An Act
Dec. l, 1993
[H.R. 2650]
To designate portions of the Maurice River and its tributaries in the State of
New Jersey as components of the National Wild and Scenic Rivers Systems.
Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
SECTION I. FINDINGS AND PURPOSES.
(a) FINDINGS.-The Congress finds that(1) the Maurice River and its tributaries, Menantico Creek,
the Manumuskin River, and Muskee Creek, are eligible for
inclusion into the National Wild and Scenic Rivers System,
the segments and their classifications being as follows(A) the Maurice River, lower segment, from the United
States Geological Survey Station at Shellpile to Route 670
Bridge at Maurlcetown, approximately 7.0 miles, as a recreational river;
(B) the Maurice River, middle segment, from Route
670 Bridge at Mauricetown to 3.6 miles upstream (at drainage ditch just upstream of Fralinger Farm), approximately
3.8 miles as a scenic river;
(C) the Maurice River, middle segment, from the drainage ditch just upstream of Fralinger Farm to one-half
mile upstream from the United States Geological Survey
Station at Burcham Farm, approximately 3.1 miles, as
a recreational river;
(D) the Maurice River, upper segment, from one-half
mile upstream from the United States Geological Survey
Station at Burcham Farm to the south side of the Millville
sewage treatment plant, approximately 3.6 miles, as a scenic river;
(E) the Menantico Creek, lower segment, from its confluence with the Maurice River to the Route 55 Bridge,
approximately 1.4 miles, as a recreational river;
(F) the Menantico Creek, upper segment, from the
Route 55 Bridge to the base of the Impoundment at
Menantico Lake, approximately 6.5 miles, as a scenic river;
HeinOnline -- 107 Stat. 1968 1993
PUBLIC LAW 103-162-DEC. 1, 1993
107 STAT. 1969
(G) the Manwnuskin River, lower segment, from its
confluence with the Maurice River to 2.0 miles upstream,
as a recreational river;
(H) the Manwnuskin River, upper segment, from 2.0
miles upstream from its confluence with the Maurice River
to headwaters near Route 557, approximately 12.3 miles,
as a scenic river; and
(I) the Muskee Creek from its confluence to the Pennsylvania Reading Seashore Line Railroad bridge, approximately 2. 7 miles, as a scenic river;
(2) a resource assessment of the Maurice River and its
tributaries, Menantico Creek, the Manumuskin River, and the
Muskee Creek shows that the area possesses numerous outstandingly remarkable natural, cultural, scenic, and recreational resources that are significant at the local, regional,
and international levels, including rare plant and animal species and critical habitats for birds migrating to and from the
north and south hemispheres; and
(3) a river management plan for the river system has
been developed by the Cumberland County Department of Planning and Development and adopted by the Maurice River Township, Commercial Township, and the City of Millville that would
meet the requirements of section 6(c) of the Wild and Scenic
Rivers Act, the City of Vineland has adopted a master plan
which calls for river planning and management and is in the
process of adopting zoning ordinances to implement their plan,
and Buena Vista Township in Atlantic County has adopted
a land use plan consistent with the Pinelands Comprehensive
Plan which is more restrictive than the Cumberland County
local river management plan.
(b) PuRPosEs.-The purposes of this Act are to(1) declare the importance and irreplaceable resource values of the Maurice River and its tributaries to water quality,
hwnan health, traditional economic activities, ecosystem integrity, biotic diversity, fish and wildlife, scenic open space and
recreation and protect such values through designation of the
segments as components of the National Wild and Scenic Rivers
System;
(2) recognize that the Maurice River System will continue
to be threatened by major development and that land use
regulations of the individual local political jurisdictions through
which the river segments pass cannot alone provide for an
adequate balance between conservation of the river's resources
and commercial and industrial development; and
(3) recognize that segments of the Maurice River and its
tributaries additional to those designated under this Act are
eligible for potential designation at some point in the near
future.
SEC. 2. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding the following new paragraphs at
the end thereof:
"( ) THE MAURICE RIVER, MIDDLE SEGMENT.~From Route 670
Bridge at Mauricetown to 3.6 miles upstream (at drainage ditch
just upstream of Fralinger Farm), approximately 3.8 miles to be
administered by the Secretary of the Interior as a scenic river.
HeinOnline -- 107 Stat. 1969 1993
107 STAT. 1970
16 USC 1274
note.
PUBLIC LAW 103-162-DEC. 1, 1993
"( ) THE MAURICE RlVER, MIDDLE SEGMENT.-From the drainage ditchj~t upstream ofFralinger Farm to one-half mile upstream
from the United States Geological Survey Station at Burcham Farm,
approximately 3.1 miles, to be administered by the Secretary of
the Interior as a recreational river.
"( ) THE MAURICE RIVER, UPPER SEGMENT.-From one-half
mile upstream from the United States Geolo~cal Survey Station
at Burcham Farm to the south side of the Millville sewage treatment plant, approximately 3.6 miles, to be administered by the
Secretary of the Interior as a scenic river.
"( ) THE MENANTICO CREEK, LOWER SEGMENT.-From its confluence with the Maurice River to the Route 55 Bridge, approximately 1.4 miles, to be administered by the Secretary of the Interior
as a recreational river.
"( ) THE MENANTICO CREEK, UPPER SEGMENT.-From the
Route 55 Bridge to the base of the impoundment at Menantico
Lake, approximately 6.5 miles, to be administered by the Secretary
of the Interior as a scenic river.
"( ) MANuMusKIN RIVER, LoWER SEGMENT.-From its confluence with the Maurice River to a point 2.0 miles upstream,
to be administered by the Secretary of the Interior as a recreational
river.
"( ) MANuMusKIN RIVER, UPPER SEGMENT.-From a point 2.0
miles upstream from its confluence with the Maurice River to
its headwaters near Route 557, approximately 12.3 miles, to be
administered by the Secretary of the Interior as a scenic river.
"( ) MUSKEE CREEK, NEW JERSEY.-From its confluence with
the Maurice River to the Pennsylvania Seashore Line Railroad
Bridge, approximately 2. 7 miles, to be administered by the Secretary
of the Interior as a scenic river.".
SEC. 3. MANAGEMENT.
(a) DUTIES OF SECRETARY.-The Secretary of the Interior shall
manage the river segments designated as components of the
National Wild and Scenic Rivers System by this Act through
cooperative agreements with the political jurisdictions within which
such segments pass, pursuant to section lO(e) of the Wild and
Scenic Rivers Act, and in consultation with such jurisdictions, except
that publicly-owned lands within the boundaries of such segments
shall continue to be managed by the agency having jurisdiction
over such lands.
(b) AGREEMENTS.-{!) Cooperative agreements for management
of the river segments referred to in subsection (a) shall provide
for the long-term protection, preservation, and enhancement of such
segments and shall be consistent with the comprehensive management plan for such segments to be prepared by the Secretary
of the Interior pursuant to section 3(d) of the Wild and Scenic
Rivers Act and with the local river management plans prepared
by appropriate local political jurisdictions in conjunction with the
Secretary of the Interior.
(2) The Secretary of the Interior, in consultation with appropriate representatives of local political jurisdictions and the State
of New Jersey, shall review local river management plans described
in paragraph (1) to assure that their proper implementation will
protect the values for which the river segments described in section
2 were designated as components of the National Wild and Scenic
Rivers System. If after such review the Secretary determines that
HeinOnline -- 107 Stat. 1970 1993
PUBLIC LAW 103-162-DEC. 1, 1993
107 STAT. 1971
such plans and their implementing local zoning ordinances meet
the protection standards specified in section 6(c) of the Wild and
Scenic Rivers Act, then such plans shall be deemed to constitute
"local zoning ordinances" and each township and other incorporated
local jurisdiction covered by such plans shall be deemed to constitute
a ''village" for the purposes of section 6(c) (prohibiting the acquisition of lands by condemnation) of the Wild and Scenic Rivers
Act.
(3) The Secretary of the Interior shall biennially review compliance with the local river management plans described in paragraph
(1) and shall promptly report to the Committee on Natural
Resources of the United States House of Representatives and to
the Committee on Energy and Natural Resources of the United
States Senate any deviation from such which would result in any
diminution of the values for which the river segment concerned
was designated as a component of the National Wild and Scenic
Rivers System.
(c) PLANNING AsSISTANCE.-The Secretary of the Interior may
provide planning assistance to local _political subdivisions of the
State of New Jersey through which flow river segments that are
designated as components of the National Wild and Scenic Rivers
System, and may enter into memoranda of understanding or
cooperative agreements with officials or agencies of the United
States or the State of New Jersey to ensure that Federal and
State programs that could affect such segments are carried out
in a manner consistent with the Wild and Scenic Rivers Act and
applicable river management plans.
(d) SEGMENT ADDITIONS.-The Secretary of the Interior is
encouraged to continue to work with the local municipalities to
negotiate agreement and support for designating those segments
of the Maurice River and its tributaries which were found eligible
for designation pursuant to Public Law 100-33 and were not designated pursuant to this Act (hereinafter referred to as "additional
eligible segments"). For a period of 3 years after the date of enactment of this Act, the provisions of the Wild and Scenic Rivers
Act applicable to segments included in section 5 of that Act shall
apply to the additional eligible segments. The Secretary of the
Interior is directed to report to the appropriate congressional
committees within 3 years after the date of enactment of this
Act on the status of discussions and negotiations with the local
municipalities and on recommendations toward inclusion of additional river segments into the National Wild and Scenic Rivers
System.
69-194 O - 94 - 2 : QL. 3 Part 3
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107 STAT. 1972
PUBLIC LAW 103-162-DEC. 1, 1993
(e) APPROPRIATIONS.-For the purposes of the segment
described by subsection (a), there are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
this Act.
Approved December 1, 1993.
LEGISLATIVE JilSTORY-H.R. 2650:
HOUSE REPORTS: No. 103-282 (Co=. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 139 (1993):
Oct. 12, considered and passed House.
Nov. 18, considered and passed Senate.
HeinOnline -- 107 Stat. 1972 1993
107 STAT. 1986
PUBLIC LAW 103-170-DEC. ·2, 1993
Public Law 103-170
103d Congress
Dec. 2, 1993
[H.R. 914]
Red River
Designation
Act of 1993.
16 use 1211
note.
An Act
To amend the Wild and Scenic Rivers Act to designate certain segments of the
Red River in Kentucky as components of the national wild and scenic rivers
system, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Red River Designation Act
of1993".
SEC. 2. FINDINGS.
Congress finds that(1) the natural, scenic, and recreational qualities of the
Red River in Kentucky are unique and irreplaceable resources;
and
(2) the majority of the Red River corridor is within the
Red River National Geologic area, which contains sedimentary
rock formations unique to Kentucky and the United States,
and should therefore be preserved for public enjoyment.
SEC. 3. DESIGNATION OF RIVER.
Appropriation
authorization.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following new
paraw-aph:
'( )(A) RED RIVER, KENTUCKY.-The 19.4-mile segment of the
Red River extending from the Highway 746 Bridge to the School
House Branch, to be administered by the Secretary of Agriculture
in the following classes:
"(i) Tlie 9.1-mile segment known as the 'Upper Gorge' from
the Highway 746 Bridge to Swift Camp Creek, as a wild river.
This segment is identified as having the same boundary as
the Kentucky Wild River.
"(ii) The 10.3-mile segment known as the 'Lower Gorge'
from Swift Camp Creek to the School House Branch, as a
recreational river.
"(B) There are authorized to be appropriated such sums as
are necessary to carry out this paragraph..
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PUBLIC LAW 103-170-DEC. 2, 1993
107 STAT. 1987
SEC. 4. LIMITATION.
Nothing in this Act, or in the amendment to the Wild and
Scenic Rivers Act made by this Act, shall be construed as authorizing any acquisition of any scenic easement that without the consent
of such landowner would affect any regular use of relevant lands
that was exercised prior to the acquisition of such easement.
Approved December 2, 1993.
LEGISLATIVE IBSTORY-H.R. 914:
HOUSE REPORTS: No. 103-281 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 139 (1993):
Oct. 18, considered and passed House.
Nov. 18, considered and passed Senate.
HeinOnline -- 107 Stat. 1987 1993
PUBLIC LAW 103-242-MAY 4, 1994
108 STAT. 611
Public Law 103-242
103d Congress
An Act
To amend the Wild and Scenic Rivers Act by designating a segment of the Rio
Grande in New Mexico as a component of the National Wild and Scenic Rivers
System, and for other purposes.
May 4, 1994
[S. 375]
Be it enacted by the Senate and House of Representatives of
Rio Grande
the United States of America in Congress assembled,
Designation
Act of 1994.
SECTION 1, SHORT TITLE.
16 use
This Act may be cited as the "Rio Grande Designation Act note.
of 1994".
1211
SEC. 2, DESIGNATION OF SCENIC RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
127 4(a)) is amended by adding at the end the following new paragraph:
"( ) RIO GRANDE, NEW MEXICO.-The main stem from the
southern boundary of the segment of the Rio Grande designated
pursuant to paragraph (4), downstream approximately 12 miles
to the west section line of Section 15, Township 23 North, Range
10 East, to be administered by the Secretary of the Interior as
a scenic river.".
SEC. 3. DESIGNATION OF STUDY RIVER.
(a) STUDY.-Section 5(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1276(a)) is amended by adding at the end the following
new r,aragraph:
' ( ) RIO GRANDE, NEW MEXICO.-The segment from the west
section line of Section 15, Township 23 North, Range 10 East,
downstream approximately 8 miles to the southern line of the
northwest quarter of Section 34, Township 23 North, Range 9
East.".
(b) STUDY REQUIREMENTS.-Section 5(b) of such Act (16 U.S.C.
1276(b)) is amended by adding at the end the following new paragraph:
"( ) The study of the Rio Grande in New Mexico shall be
completed and the report submitted not later than 3 years after
the date of enactment of this paragraph.".
SEC. 4. RIO GRANDE CITIZENS ADVISORY BOARD.
As soon as practicable after the date of enactment of this
Act, the Secretary of the Interior, acting through the Director
of the Bureau of Land Management, shall take appropriate steps
to obtain the views of the residents of the village of Pilar and
of those persons who are the owners of property adjoining the
river segments described in sections 2 and 3 concerning implementa-
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16 USC 1274
note.
108 STAT. 612
PUBLIC LAW 103-242-MAY 4, 1994
tion of this Act, and to assure that those views will be considered
in connection with preparation of a comprehensive management
plan for the segment designated by section 2 and the study required
by section 3.
SEC. 5. WITHDRAWAL OF ORILLA VERDE RECREATION AREA.
(a) IN GENERAL.-Subject to valid existing rights, the lands
described in subsection (b) are withdrawn from(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws;
and
(3) disposition under all laws pertaining to mineral and
geothermal leasing.
(b) LANns.(1) DESCRIPTION.-The lands referred to in subsection (a)
comprise an area known as the "Orilla Verde Recreation Area",
including(A) approximately 1,349 acres which were conveyed
to the United States by the State of New Mexico on July
23, 1980, April 20, 1990, and July 17, 1990; and
(B) an additional 4,339 acres of public lands, all as
generally depicted on the map entitled "Orilla Verde Recreation Area, New Mexico", and dated February, 1994.
(2) PuBLIC ACCESS.-The map referred to in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
SEC. 6. COMPLETION OF PREHISTORIC TRACKWAYS STUDY.
The Secretary of the Interior is authorized to contract with
the Smithsonian Institution for the completion of the prehistoric
trackways study required under section 303 of the Act entitled
"An Act to conduct certain studies in the State of New Mexico",
approved November 15, 1990 (Public Law 101-578).
Approved May 4, 1994.
LEGISLATIVE HISTORY-S. 375:
HOUSE REPORTS: No. 103-431 (Comm. on Natural Resources)
SENATE REPORTS: No. 103-17 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 139 (1993): Mar. 17, considered and passed Senate.
Vol. 140 (1994)· Mar. 15, considered and passed House, amended.
Apr. 19, Senate concurred in House amendment.
HeinOnline -- 108 Stat. 612 1994
PUBLIC LAW 103-313-AUG. 26, 1994
Public Law 103-313
103d Congress
108 STAT. 1699
An Act
To designate a portion of the Farmington River in Connecticut as a component
of the National Wild and Scenic Rivers System.
Aug. 26, 1994
[H.R. 2815]
Be it enacted by the Senate and House of Representatives of
Farmington
the United States ofAmerica in Congress assembled,
Wild and Scenic
River Act.
SECTION I. SHORT TITLE.
This Act may be cited as the ''Farmington Wild and Scenic
River Act".
SEC. 2. FINDINGS.
The Congress finds that(1) Public Law 99-590 authorized the study of 2 segments
of the West Branch of the Farmington River, including an
11-mile headwater segment in Massachusetts and the uppermost 14-mile segment in Connecticut, for potential inclusion
in the National Wild and Scenic Rivers System, and created
the Farmington River Study Committee, consisting of representatives from the 2 States, the towns bordering the 2 segments,
and other river interests, to advise the Secretary of the Interior
in conducting the study and concerning management alternatives should the river be included in the National Wild and
Scenic Rivers System;
(2) the study determined that both segments of the river
are eligible for inclusion in the National Wild and Scenic Rivers
System based upon their free-flowing condition and outstanding
fisheries, recreation, wildlife, and historic values;
(3) the towns that directly abut the Connecticut segment
(Hartland, Barkhamsted, New Hartford, and Canton), as well
as the Town of Colebrook, which abuts the segment's major
tributary, have demonstrated their desire for national wild
and scenic river designation through town meeting actions
endorsing designation; in addition, the 4 abutting towns have
demonstrated their commitment to protect the river through
the adoption of "river protection overlay districts", which establish a uniform setback for new structures, new septic systems,
sand and gravel extraction, and vegetation removal along the
entire length of the Connecticut segment;
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16 USC 1271
note.
108 STAT. 1700
PUBLIC LAW 103-313-AUG. 26, 1994
(4) during the study, the Farmington River Study Committee and the National Park Service prepared a comprehensive
management plan for the Connecticut segment (the "Upper
Farmington River Management Plan", dated April 29, 1993)
which establishes objectives, standards, and action programs
that will ensure long-term protection of the river's outstanding
values and compatible management of its land and water
resources, without Federal management of affected lands not
owned by the United States;
(5) the Farmington River Study Committee voted unanimously on April 29, 1993, to adopt the Upper Farmington
River Management Plan and to recommend that Congress
include the Connecticut segment in the National Wild and
Scenic Rivers System in accordance with the spirit and provisions of the Upper Farmington River Management Plan, and
to recommend that, in the absence of town votes supporting
designation, no action be taken regarding wild and scenic river
designation of the Massachusetts segment; and
(6) the Colebrook Darn and Goodwin Darn hydroelectric
projects are located outside the river segment designated by
section 3, and based on the study of the Farmington River
pursuant to Public Law 99-590, continuation of the existing
operation of these projects as presently configured, including
associated transmission lines and other existing project works,
is compatible with the designation made by section 3 and
will not unreasonably diminish the scenic, recreational, and
fish and wildlife values of the segment designated by such
section as of the date of enactment of this Act.
SEC. 3. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding the following new paragraph at
the end thereof:
"( ) FARMINGTON RIVER, CONNECTICUT.-The 14-rnile segment
of the West Branch and rnainstern extending from immediately
below the Goodwin Darn and Hydroelectric Project in Hartland,
Connecticut, to the downstream end of the New Hartford-Canton,
Connecticut, town line (hereinafter in this paragraph referred to
as the 'segment'), as a recreational river, to be administered by
the Secretary of the Interior through cooperative agreements
between the Secretary of the Interior and the State of Connecticut
and its relevant political subdivisions, namely the Towns of
Colebrook, Hartland, Barkhamsted, New Hartford, and Canton and
the Hartford Metropolitan District Commission, pursuant to section lO(e) of this Act. The segment shall be managed in accordance
with the Upper Farmington River Management Plan, dated April
29, 1993, and such amendments thereto as the Secretary of the
Interior determines are consistent with this Act. Such plan shall
be deemed to satisfy the requirement for a comprehensive management plan pursuant to section 3(d) of this Act.".
rn use 1274
SEC. 4, MANAGEMENT.
Contracts
(a) COMMITTEE.-The Director of the National Park Service,
or his or her designee, shall represent the Secretary on the Farmington River Coordinating Committee provided for in the plan.
(b) FEDERAL.-{1) In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3, the Secretary, pursuant to section lO(e) of
note.
HeinOnline -- 108 Stat. 1700 1994
PUBLIC LAW 103-313-AUG. 26, 1994
108 STAT. 1701
the Wild and Scenic Rivers Act, shall offer to enter into cooperative
agreements with the State of Connecticut and its relevant political
subdivisions identified in the amendment made by such section
3 and, pursuant to section U(b)(l) of such Act, shall make a
similar offer to the Farmington River Watershed Association. The
Secretary, pursuant to such section ll(b)(l), also may enter into
cooperative agreements with other parties who may be represented
on the Committee. All cooperative agreements provided for in this
Act shall be consistent with the Plan, and may include provisions
for financial or other assistance from the United States to facilitate
the long-term protection, conservation, and enhancement of the
segment designated by such section 3 and the implementation of
the Plan.
(2) The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the Plan.
(3) Implementation of this Act through cooperative agreements
as described in paragraph (2) of this subsection shall not constitute
National Park Service administration of the segment designated
by section 3 for purposes of section IO(c) of the Wild and Scenic
Rivers Act, and shall not cause such segment to be considered
as being a unit of the National Park System.
(c) WATER RESOURCES PROJECTS.--{1) In determining whether
a proposed water resources project would have a direct and adverse
effect on the values for which the segment designated by section
3 was included in the National Wild and Scenic Rivers System,
the Secretary shall specifically consider the extent to which the
project is consistent with the Plan.
(2) For purposes of implementation of section 7 of the Wild
and Scenic Rivers Act, the Plan, including the detailed analysis
of instream flow needs incorporated therein and such additional
analysis as may be incorporated in the future, shall serve as the
primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between
resource protection and possible water supply withdrawals.
(d) LAND MANAGEMENT.-The zoning ordinances duly adopted
by the towns of Hartland, Barkhamsted, New Hartford, and Canton,
Connecticut, including the "river protection overlay districts" in
effect on the date of enactment of this Act, shall be deemed to
satisfy the standards and requirements of section 6(c) of the Wild
and Scenic Rivers Act. For the purpose of section 6(c), such towns
shall be deemed "villages" and the provisions of that section, which
prohibit Federal acquisition of lands by condemnation, shall apply
to the segment designated by section 3.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
( 1) The term "Committee" means the Farmington River
Coordinating Committee referred to in section 4.
(2) The term "Plan" means the comprehensive management
plan for the Connecticut segment of the Farmington River
prepared by the Farmington River Study Committee and the
National Park Service, which is known as the "Upper Farmington River Management Plan" and dated April 29, 1993.
(3) The term "Secretary'' means the Secretary of the
Interior.
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16 use 1274
note.
108 STAT. 1702
16 USC 1274
note.
PUBLIC LAW 103-313-AUG. 26, 1994
SEC. 6. FUNDING AUTHORIZATION.
There are authorized to be appropriated such sums as may
be necessary to carry out the purposes of this Act, including
the amendment to the Wild and Scenic Rivers Act made by
section 3.
Approved August 26, 1994.
LEGISLATIVE IIlSTORY-H.R. 2815:
HOUSE REPORTS: No. 103-430 (Comm. on Natural Resources).
SENATE REPORTS: No. 103-278 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 140 (1994):
Mar. 15, considered and passed House.
June 16, considered and passed Senate, amended.
Aug. 16, House concurred in Senate amendments.
HeinOnline -- 108 Stat. 1702 1994
110 STAT. 3009–531
PUBLIC LAW 104–208—SEPT. 30, 1996
SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC
RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
‘‘( ) (A) ELKHORN CREEK.—The 6.4 mile segment traversing
federally administered lands from that point along the Willamette
National Forest boundary on the common section line between
Sections 12 and 13, Township 9 South, Range 4 East, Willamette
Meridian, to that point where the segment leaves federal ownership
along the Bureau of Land Management boundary in Section 1,
Township 9 South, Range 3 East, Willamette Meridian, in the
following classes:
‘‘(i) a 5.8-mile wild river area, extending from that point
along the Willamette National Forest boundary on the common
section line between Sections 12 and 13, Township 9 South,
Range 4 East, Willamette Meridian, to its confluence with
Buck Creek in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to be administered as agreed on by the
Secretaries of Agriculture and the Interior, or as directed by
the President; and
‘‘(ii) a 0.6-mile scenic river area, extending from the confluence with Buck Creek in Section 1, Township 9 South, Range
3 East, Willamette Meridian, to that point where the segment
leaves federal ownership along the Bureau of Land Management boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to be administered by the Secretary of
Interior, or as directed by the President.
‘‘(B) Notwithstanding section 3(b) of this Act, the lateral boundaries of both the wild river area and the scenic
river area along Elkhorn Creek shall include an average
of not more than 640 acres per mile measured from the
ordinary high water mark on both sides of the river.’’
SEC. 110. ECONOMIC DEVELOPMENT.
(a) ECONOMIC DEVELOPMENT PLAN.—As a condition for receiving funding under subsection (b) of this section, the State of Oregon,
in consultation with Marion County and the Secretary of Agriculture, shall develop a plan for economic development projects
for which grants under this section may be used in a manner
consistent with this title and to benefit local communities in the
vicinity of the Opal Creek area. Such plan shall be based on an
economic opportunity study and other appropriate information.
(b) FUNDS PROVIDED TO THE STATES FOR GRANTS.—Upon
completion of the Opal Creek Management Plan, and receipt of
the plan referred to in subsection (a) of this section, the Secretary
shall provide, subject to appropriations, $15,000,000, to the State
of Oregon. Such funds shall be used to make grants or loans
for economic development projects that further the purposes of
this title and benefit the local communities in the vicinity of Opal
Creek.
(c) REPORT.—The State of Oregon shall—
(1) prepare and provide the Secretary and Congress with
an annual report on the use of the funds made available under
this section;
(2) make available to the Secretary and to Congress, upon
request, all accounts, financial records, and other information
110 STAT. 3818
PUBLIC LAW 104–311—OCT. 19, 1996
Public Law 104–311
104th Congress
An Act
Oct. 19, 1996
[H.R. 3155]
To amend the Wild and Scenic Rivers Act by designating the Wekiva River, Seminole
Creek, and Rock Springs Run in the State of Florida for study and potential
addition to the National Wild and Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ADDITIONAL DESIGNATION.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(a)) is amended by adding at the end the following new paragraph:
‘‘( ) WEKIVA RIVER, FLORIDA.—(A) The entire river.
‘‘(B) The Seminole Creek tributary.
‘‘(C) The Rock Springs Run tributary.’’.
SEC. 2. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)) is amended by adding at the end the following new paragraph:
‘‘( ) The study of the Wekiva River and the tributaries
designated in paragraph ( ) of subsection (a) shall be completed
and the report transmitted to Congress not later than two years
after the date of the enactment of this paragraph.’’.
Approved October 19, 1996.
LEGISLATIVE HISTORY—H.R. 3155:
HOUSE REPORTS: No. 104–824 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 25, considered and passed House.
Oct. 3, considered and passed Senate.
Æ
PUBLIC LAW 104–314—OCT. 19, 1996
110 STAT. 3823
Public Law 104–314
104th Congress
An Act
To designate 51.7 miles of the Clarion River, located in Pennsylvania, as a component
of the National Wild and Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding at the end the following new paragraph:
‘‘( ) CLARION RIVER, PENNSYLVANIA.—The 51.7-mile
segment of the main stem of the Clarion River from the Allegheny National Forest/State Game Lands Number 44 boundary,
located approximately 0.7 miles downstream from the Ridgway
Borough limit, to an unnamed tributary in the backwaters
of Piney Dam approximately 0.6 miles downstream from Blyson
Run, to be administered by the Secretary of Agriculture in
the following classifications:
‘‘(A) The approximately 8.6-mile segment of the main
stem from the Allegheny National Forest/State Game
Lands Number 44 boundary, located approximately 0.7
miles downstream from the Ridgway Borough limit, to
Portland Mills, as a recreational river.
‘‘(B) The approximately 8-mile segment of the main
stem from Portland Mills to the Allegheny National Forest
boundary, located approximately 0.8 miles downstream
from Irwin Run, as a scenic river.
‘‘(C) The approximately 26-mile segment of the main
stem from the Allegheny National Forest boundary, located
approximately 0.8 miles downstream from Irwin Run, to
the State Game Lands 283 boundary, located approximately
0.9 miles downstream from the Cooksburg bridge, as a
recreational river.
‘‘(D) The approximately 9.1-mile segment of the main
stem from the State Game Lands 283 boundary, located
approximately 0.9 miles downstream from the Cooksburg
bridge, to an unnamed tributary at the backwaters of Piney
Dam, located approximately 0.6 miles downstream from
Blyson Run, as a scenic river.’’.
Approved October 19, 1996.
LEGISLATIVE HISTORY—H.R. 3568:
HOUSE REPORTS: No. 104–825 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 25, considered and passed House.
Oct. 3, considered and passed Senate.
Æ
Oct. 19, 1996
[H.R. 3568]
110 STAT. 4148
PUBLIC LAW 104–333—NOV. 12, 1996
(C) an assessment of the feasibility, benefits, and problems associated with activities to prevent further habitat
loss and to restore habitat through reintroduction or
establishment of appropriate native plant species.
(3) TRANSMITTAL.—Not later than 3 years after the date
on which funds are made available to carry out this section,
the Secretary of the Interior shall transmit the study under
paragraph (1) to the Committee on Energy and Natural
Resources of the Senate and to the Committee on Resources
of the House of Representatives.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section a total of $7,500,000
for the 10 fiscal years beginning after the date of enactment of
this Act.
SEC. 402. OLD SPANISH TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following new
paragraph:
‘‘( ) The Old Spanish Trail, beginning in Santa Fe, New
Mexico, proceeding through Colorado and Utah, and ending in
Los Angeles, California, and the Northern Branch of the Old Spanish Trail, beginning near Espanola, New Mexico, proceeding through
Colorado, and ending near Crescent Junction, Utah.’’.
SEC. 403. GREAT WESTERN SCENIC TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following new
paragraph:
‘‘( ) The Great Western Scenic Trail, a system of trails to
accommodate a variety of travel users in a corridor of approximately
3,100 miles in length extending from the Arizona-Mexico border
to the Idaho-Montana-Canada border, following the approximate
route depicted on the map identified as ‘Great Western Trail Corridor, 1988’, which shall be on file and available for public inspection
in the Office of the Chief of the Forest Service, United States
Department of Agriculture. The trail study shall be conducted by
the Secretary of Agriculture, in consultation with the Secretary
of the Interior, in accordance with subsection (b) and shall include—
‘‘(A) the current status of land ownership and current and
potential use along the designated route;
‘‘(B) the estimated cost of acquisition of lands or interests
in lands, if any; and
‘‘(C) an examination of the appropriateness of motorized
trail use along the trail.’’.
SEC. 404. HANFORD REACH PRESERVATION.
Section 2 of Public Law 100–605 is amended as follows:
(1) By striking ‘‘INTERIM’’ in the section heading.
(2) By striking ‘‘For a period of eight years after’’ and
inserting ‘‘After’’ in subsection (a).
(3) By striking in subsection (b) ‘‘During the eight year
interim protection period, provided by this section, all’’ and
inserting ‘‘All’’.
PUBLIC LAW 104–333—NOV. 12, 1996
110 STAT. 4149
SEC. 405. LAMPREY WILD AND SCENIC RIVER.
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding the following new
paragraph at the end thereof:
‘‘( ) LAMPREY RIVER, NEW HAMPSHIRE.—The 11.5-mile segment
extending from the southern Lee town line to the confluence with
the Piscassic River in the vicinity of the Durham-Newmarket town
line (hereinafter in this paragraph referred to as the ‘segment’)
as a recreational river. The segment shall be administered by
the Secretary of the Interior through cooperation agreements
between the Secretary and the State of New Hampshire and its
relevant political subdivisions, namely the towns of Durham, Lee,
and Newmarket, pursuant to section 10(e) of this Act. The segment
shall be managed in accordance with the Lamprey River Management Plan dated January 10, 1995, and such amendments thereto
as the Secretary of the Interior determines are consistent with
this Act. Such plan shall be deemed to satisfy the requirements
for a comprehensive management plan pursuant to section 3(d)
of this Act.’’.
(b) MANAGEMENT.—
(1) COMMITTEE.—The Secretary of the Interior shall coordinate his management responsibilities under this Act with
respect to the segment designated by subsection (a) with the
Lamprey River Advisory Committee established pursuant to
New Hampshire RSA 483.
(2) LAND MANAGEMENT.—The zoning ordinances duly
adopted by the towns of Durham, Lee, and Newmarket, New
Hampshire, including provisions for conservation of shorelands,
floodplains, and wetlands associated with the segment, shall
be deemed to satisfy the standards and requirements of section
6(c) of the Wild and Scenic Rivers Act, and the provisions
of that section, which prohibit Federal acquisition of lands
by condemnation, shall apply to the segment designated by
subsection (a). The authority of the Secretary to acquire lands
for the purposes of this paragraph shall be limited to acquisition
by donation or acquisition with the consent of the owner thereof,
and shall be subject to the additional criteria set forth in
the Lamprey River Management Plan.
(c) UPSTREAM SEGMENT.—Upon request by the town of Epping,
which abuts an additional 12 miles of river found eligible for designation as a recreational river, the Secretary of the Interior shall
offer assistance regarding continued involvement of the town of
Epping in the implementation of the Lamprey River Management
Plan and in consideration of potential future addition of that portion
of the river within Epping as a component of the Wild and Scenic
Rivers System.
SEC. 406. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996.
(a) AMENDMENTS PERTAINING TO THE NEW RIVER GORGE
NATIONAL RIVER.—
(1) BOUNDARIES.—Section 1101 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m–15) is amended by
striking out ‘‘NERI–80,023, dated January 1987’’ and inserting
‘‘NERI–80,028A, dated March 1996’’.
(2) FISH AND WILDLIFE MANAGEMENT.—Section 1106 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 460m–
20) is amended by adding the following at the end thereof:
16 USC 1274
note.
110 STAT. 4150
PUBLIC LAW 104–333—NOV. 12, 1996
‘‘The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in
consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia
with respect to fish and wildlife.’’.
(3) CONFORMING AMENDMENTS.—Title XI of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460m–15 et seq.)
is amended by adding the following new section at the end
thereof:
16 USC
460m–30.
16 USC
460m–29a.
‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.
‘‘(a) COOPERATIVE AGREEMENTS.—The provisions of section
202(e)(1) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww–1(e)(1)) shall apply
to the New River Gorge National River in the same manner and
to the same extent as such provisions apply to the Gauley River
National Recreation Area.
‘‘(b) REMNANT LANDS.—The provisions of the second sentence
of section 203(a) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww–2(a)) shall apply to tracts
of land partially within the boundaries of the New River Gorge
National River in the same manner and to the same extent as
such provisions apply to tracts of land only partially within the
Gauley River National Recreation Area.’’.
(b) VISITOR CENTER.—The Secretary of the Interior is authorized to construct a visitor center and such other related facilities
as may be deemed necessary to facilitate visitor understanding
and enjoyment of the New River Gorge National River and the
Gauley River National Recreation Area in the vicinity of the
confluence of the New and Gauley Rivers. Such center and related
facilities are authorized to be constructed at a site outside of the
boundary of the New River Gorge National River or Gauley River
National Recreation Area unless a suitable site is available within
the boundaries of either unit.
(c) AMENDMENTS PERTAINING TO THE GAULEY RIVER NATIONAL
RECREATION AREA.—
(1) TECHNICAL AMENDMENT.—Section 205(c) of the West
Virginia National Interest River Conservation Act of 1987 (16
U.S.C. 460ww–4(c)) is amended by adding the following at
the end thereof: ‘‘If project construction is not commenced
within the time required in such license, or if such license
is surrendered at any time, such boundary modification shall
cease to have any force and effect.’’.
(2) GAULEY ACCESS.—Section 202(e) of the West Virginia
National Interest River Conservation Act of 1987 (16 U.S.C.
460ww–1(e)) is amended by adding the following new paragraph
at the end thereof:
‘‘(4) ACCESS TO RIVER.—(A) In order to facilitate public
safety, use, and enjoyment of the recreation area, and to protect,
to the maximum extent feasible, the scenic and natural
resources of the area, the Secretary is authorized and directed
to acquire such lands or interests in lands and to take such
actions as are necessary to provide access by noncommercial
entities on the north side of the Gauley River at the
area known as Woods Ferry utilizing existing roads and rightsof-way. Such actions by the Secretary shall include the
construction of parking and related facilities in the vicinity
PUBLIC LAW 104–333—NOV. 12, 1996
110 STAT. 4151
of Woods Ferry for noncommercial use on lands acquired pursuant to paragraph (3) or on lands acquired with the consent
of the owner thereof within the boundaries of the recreation
area.
‘‘(B) If necessary, in the discretion of the Secretary, in
order to minimize environmental impacts, including visual
impacts, within portions of the recreation area immediately
adjacent to the river, the Secretary may, by contract or otherwise, provide transportation services for noncommercial
visitors, at reasonable cost, between such parking facilities
and the river.
‘‘(C) Nothing in subparagraph (A) shall affect the rights
of any person to continue to utilize, pursuant to a lease in
effect on April 1, 1993, any right of way acquired pursuant
to such lease which authorizes such person to use an existing
road referred to in subparagraph (A). Except as provided under
paragraph (2) relating to access immediately downstream of
the Summersville project, until there is compliance with this
paragraph the Secretary is prohibited from acquiring or developing any other river access points within the recreation area.’’.
(d) AMENDMENTS PERTAINING TO THE BLUESTONE NATIONAL
SCENIC RIVER.—
(1) BOUNDARIES.—Section 3(a)(65) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by striking out
‘‘WSR–BLU/20,000, and dated January 1987’’ and inserting
‘‘BLUE–80,005, dated May 1996’’.
(2) PUBLIC ACCESS.—Section 3(a)(65) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by adding the
following at the end thereof: ‘‘In order to provide reasonable
public access and vehicle parking for public use and enjoyment
of the river designated by this paragraph, consistent with the
preservation and enhancement of the natural and scenic values
of such river, the Secretary may, with the consent of the owner
thereof, negotiate a memorandum of understanding or cooperative agreement, or acquire not more than 10 acres of lands
or interests in such lands, or both, as may be necessary to
allow public access to the Bluestone River and to provide,
outside the boundary of the scenic river, parking and related
facilities in the vicinity of the area known as Eads Mill.’’.
SEC. 407. TECHNICAL AMENDMENT TO THE WILD AND SCENIC RIVERS
ACT.
(a) NUMBERING OF PARAGRAPHS.—The unnumbered paragraphs
in section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)),
relating to each of the following river segments, are each amended
by numbering such paragraphs as follows:
River:
Paragraph Number
East Fork of Jemez, New Mexico ......................................................................... (109)
Pecos River, New Mexico ....................................................................................... (110)
Smith River, California ......................................................................................... (111)
Middle Fork Smith River, California ................................................................... (112)
North Fork Smith River, California ..................................................................... (113)
Siskiyou Fork Smith River, California ................................................................. (114)
South Fork Smith River, California ..................................................................... (115)
Clarks Fork, Wyoming ........................................................................................... (116)
Niobrara, Nebraska ............................................................................................... (117)
Missouri River, Nebraska and South Dakota ...................................................... (118)
Bear Creek, Michigan ............................................................................................ (119)
Black, Michigan ..................................................................................................... (120)
110 STAT. 4152
PUBLIC LAW 104–333—NOV. 12, 1996
Carp, Michigan .......................................................................................................
Indian, Michigan ....................................................................................................
Manistee, Michigan ................................................................................................
Ontonagon, Michigan .............................................................................................
Paint, Michigan ......................................................................................................
Pine, Michigan .......................................................................................................
Presque Isle, Michigan ..........................................................................................
Sturgeon, Hiawatha National Forest, Michigan .................................................
Sturgeon, Ottawa National Forest, Michigan ......................................................
East Branch of the Tahquamenon, Michigan ......................................................
Whitefish, Michigan ...............................................................................................
Yellow Dog, Michigan ............................................................................................
Allegheny, Pennsylvania .......................................................................................
Big Piney Creek, Arkansas ...................................................................................
Buffalo River, Arkansas ........................................................................................
Cossatot River, Arkansas ......................................................................................
Hurricane Creek, Arkansas ..................................................................................
Little Missouri River, Arkansas ...........................................................................
Mulberry River, Arkansas .....................................................................................
North Sylamore Creek, Arkansas .........................................................................
Richland Creek, Arkansas .....................................................................................
Sespe Creek, California .........................................................................................
Sisquoc River, California .......................................................................................
Big Sur River, California .......................................................................................
Great Egg Harbor River, New Jersey ..................................................................
The Maurice River, Middle Segment ....................................................................
The Maurice River, Middle Segment ....................................................................
The Maurice River, Upper Segment .....................................................................
The Menantico Creek, Lower Segment ................................................................
The Menantico Creek, Upper Segment ................................................................
Manumuskin River, Lower Segment ....................................................................
Manumuskin River, Upper Segment ....................................................................
Muskee Creek, New Jersey ...................................................................................
Red River, Kentucky ..............................................................................................
Rio Grande, New Mexico .......................................................................................
Farmington River, Connecticut ............................................................................
16 USC 1276.
(121)
(122)
(123)
(124)
(125)
(126)
(127)
(128)
(129)
(130)
(131)
(132)
(133)
(134)
(135)
(136)
(137)
(138)
(139)
(140)
(141)
(142)
(143)
(144)
(145)
(146)
(147)
(148)
(149)
(150)
(151)
(152)
(153)
(154)
(155)
(156)
(b) STUDY RIVERS.—Section 5(a) of such Act is amended as
follows:
(1) Paragraph (106), relating to St. Mary’s, Florida, is
renumbered as paragraph (108).
(2) Paragraph (112), relating to White Clay Creek, Delaware and Pennsylvania, is renumbered as paragraph (113).
(3) The unnumbered paragraphs, relating to each of the
following rivers, are amended by numbering such paragraphs
as follows:
River:
Paragraph Number
Mills River, North Carolina .................................................................................. (109)
Sudbury, Assabet, and Concord, Massachusetts ................................................. (110)
Niobrara, Nebraska ............................................................................................... (111)
Lamprey, New Hampshire .................................................................................... (112)
Brule, Michigan and Wisconsin ............................................................................ (114)
Carp, Michigan ....................................................................................................... (115)
Little Manistee, Michigan ..................................................................................... (116)
White, Michigan ..................................................................................................... (117)
Ontonagon, Michigan ............................................................................................. (118)
Paint, Michigan ...................................................................................................... (119)
Presque Isle, Michigan .......................................................................................... (120)
Sturgeon, Ottawa National Forest, Michigan ...................................................... (121)
Sturgeon, Hiawatha National Forest, Michigan ................................................. (122)
Tahquamenon, Michigan ....................................................................................... (123)
Whitefish, Michigan ............................................................................................... (124)
Clarion, Pennsylvania ........................................................................................... (125)
Mill Creek, Jefferson and Clarion Counties, Pennsylvania ............................... (126)
Piru Creek, California ........................................................................................... (127)
Little Sur River, California ................................................................................... (128)
Matilija Creek, California ..................................................................................... (129)
Lopez Creek, California ......................................................................................... (130)
Sespe Creek, California ......................................................................................... (131)
North Fork Merced, California ............................................................................. (132)
PUBLIC LAW 104–333—NOV. 12, 1996
Delaware River, Pennsylvania and New Jersey ..................................................
New River, West Virginia and Virginia ...............................................................
Rio Grande, New Mexico .......................................................................................
110 STAT. 4153
(133)
(134)
(135)
SEC. 408. PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO.
(a) NORTH ST. VRAIN CREEK AND ADJACENT LANDS.—The Act
of January 26, 1915, establishing Rocky Mountain National Park
(38 Stat. 798; 16 U.S.C. 191 et seq.), is amended by adding the
following new section at the end thereof:
‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.
‘‘Neither the Secretary of the Interior nor any other Federal
agency or officer may approve or issue any permit for, or provide
any assistance for, the construction of any new dam, reservoir,
or impoundment on any segment of North St. Vrain Creek or
its tributaries within the boundaries of Rocky Mountain National
Park or on the main stem of North St. Vrain Creek downstream
to the point at which the creek crosses the elevation 6,550 feet
above mean sea level. Nothing in this section shall be construed
to prevent the issuance of any permit for the construction of a
new water gauging station on North St. Vrain Creek at the point
of its confluence with Coulson Gulch.’’.
(b) ENCOURAGEMENT OF EXCHANGES.—
(1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL PARK.—
Promptly following enactment of this Act, the Secretary of
the Interior shall seek to acquire by donation or exchange
those lands within the boundaries of Rocky Mountain National
Park owned by the city of Longmont, Colorado, that are referred
to in section 111(d) of the Act commonly referred to as the
‘‘Colorado Wilderness Act of 1980’’ (Public Law 96–560; 94
Stat. 3272; 16 U.S.C. 192b–9(d)).
(2) OTHER LANDS.—The Secretary of Agriculture shall
immediately and actively pursue negotiations with the city
of Longmont, Colorado, concerning the city’s proposed exchange
of lands owned by the city and located in and near Coulson
Gulch for other lands owned by the United States. The
Secretary shall report to Congress 2 calendar years after the
date of enactment of this Act, and every 2 years thereafter
on the progress of such negotiations until negotiations are
complete.
TITLE V—HISTORIC AREAS AND CIVIL
RIGHTS
SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end thereof the following
new paragraph:
‘‘( ) The Selma to Montgomery National Historic Trail, consisting of 54 miles of city streets and United States Highway 80
from Brown Chapel A.M.E. Church in Selma to the State Capitol
Building in Montgomery, Alabama, traveled by voting rights advocates during March 1965 to dramatize the need for voting rights
legislation, as generally described in the report of the Secretary
of the Interior prepared pursuant to subsection (b) of this section
entitled ‘‘Selma to Montgomery’’ and dated April 1993. Maps depicting the route shall be on file and available for public inspection
16 USC 195a.
16 USC 192b–9
note.
Reports.
112 STAT. 3290
16 USC 1274
note.
PUBLIC LAW 105–362—NOV. 10, 1998
of this or any other appropriation’’ and all that follows
through ‘‘demonstrated in practice’’; and
(B) by striking ‘‘Such surveys shall include an investigation of soil characteristics which might result in toxic
or hazardous irrigation return flows.’’ (as added by section
10 of the Garrison Diversion Unit Reformulation Act of
1986 (100 Stat. 426)).
(f) CLAIMS SUBMITTED FROM THE TETON DAM FAILURE.—Section
8 of Public Law 94–400 (90 Stat. 1213) is repealed.
(g) STUDY OF THE FEASIBILITY AND SUITABILITY OF ESTABLISHING NIOBRARA-BUFFALO PRAIRIE NATIONAL PARK.—
(1) REPEAL.—Section 8 of the Niobrara Scenic River Designation Act of 1991 (Public Law 102–50; 16 U.S.C. 1a–5 note)
is repealed.
(2) REDESIGNATION.—Section 9 of such Act (Public Law
102–50; 105 Stat. 258) is redesignated as section 8.
(h) STUDY OF ROUTE 66.—The Route 66 Study Act of 1990
(Public Law 101–400; 104 Stat. 861) is repealed.
(i) REPORT ON ANTHRACITE MINE WATER CONTROL AND MINE
SEALING AND FILLING PROGRAM.—The Act entitled ‘‘An Act to provide for the conservation of anthracite coal resources through measures of flood control and anthracite mine drainage, and for other
purposes’’, approved July 15, 1955, is amended—
(1) by striking section 5 (30 U.S.C. 575); and
(2) by redesignating section 6 (30 U.S.C. 576) as section
5.
(j) AUDIT OF FEDERAL ROYALTY MANAGEMENT SYSTEM.—
(1) IN GENERAL.—Section 302 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1752) is amended—
(A) in subsection (a), by striking ‘‘(a)’’; and
(B) by striking subsection (b).
(2) CONFORMING AMENDMENT.—Section 304(c) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1753(c)) is amended by striking ‘‘Except as expressly provided
in subsection 302(b), nothing’’ and inserting ‘‘Nothing’’.
(k) REPORT ON BIDDING OPTIONS FOR OIL AND GAS LEASES
ON OUTER CONTINENTAL SHELF LAND.—Section 8(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)) is amended by
striking paragraph (9).
(l) REPORTS ON OUTER CONTINENTAL SHELF LEASING AND
PRODUCTION PROGRAM AND PROMOTION OF COMPETITION IN LEASING.—
(1) IN GENERAL.—Section 15 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1343) is repealed.
(2) CONFORMING AMENDMENT.—Section 22 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1348) is amended by
striking subsection (g).
(m) AUDIT OF FINANCIAL REPORT OF GOVERNOR OF GUAM.—
The sixth undesignated paragraph of section 6 of the Organic Act
of Guam (48 U.S.C. 1422) is amended by striking the third and
fifth sentences.
(n) AUDIT OF FINANCIAL REPORT OF GOVERNOR OF THE VIRGIN
ISLANDS.—The fourth undesignated paragraph of section 11 of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1591) is
amended by striking the third and fifth sentences.
113 STAT. 30
PUBLIC LAW 106–20—APR. 9, 1999
Public Law 106–20
106th Congress
An Act
Apr. 9, 1999
[H.R. 193]
Sudbury,
Assabet, and
Concord Wild
and Scenic River
Act.
Massachusetts.
16 USC 1271
note.
To designate a portion of the Sudbury, Assabet, and Concord Rivers as a component
of the National Wild and Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sudbury, Assabet, and Concord
Wild and Scenic River Act’’.
SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD SCENIC
AND RECREATIONAL RIVERS, MASSACHUSETTS.
(a) FINDINGS.—The Congress finds the following:
(1) The Sudbury, Assabet, and Concord Wild and Scenic
River Study Act (title VII of Public Law 101–628; 104 Stat.
4497)—
(A) designated segments of the Sudbury, Assabet, and
Concord Rivers in the Commonwealth of Massachusetts,
totaling 29 river miles, for study and potential addition
to the National Wild and Scenic Rivers System; and
(B) directed the Secretary of the Interior to establish
the Sudbury, Assabet, and Concord Rivers Study
Committee (in this section referred to as the ‘‘Study
Committee’’) to advise the Secretary in conducting the
study and in the consideration of management alternatives
should the rivers be included in the National Wild and
Scenic Rivers System.
(2) The study determined the following river segments are
eligible for inclusion in the National Wild and Scenic Rivers
System based on their free-flowing condition and outstanding
scenic, recreation, wildlife, cultural, and historic values:
(A) The 16.6-mile segment of the Sudbury River
beginning at the Danforth Street Bridge in the town of
Framingham, to its confluence with the Assabet River.
(B) The 4.4-mile segment of the Assabet River from
1,000 feet downstream from the Damon Mill Dam in the
town of Concord to the confluence with the Sudbury River
at Egg Rock in Concord.
(C) The 8-mile segment of the Concord River from
Egg Rock at the confluence of the Sudbury and Assabet
Rivers to the Route 3 bridge in the town of Billerica.
(3) The towns that directly abut the segments, including
Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford,
Carlisle, and Billerica, Massachusetts, have each demonstrated
PUBLIC LAW 106–20—APR. 9, 1999
their desire for National Wild and Scenic River designation
through town meeting votes endorsing designation.
(4) During the study, the Study Committee and the
National Park Service prepared a comprehensive management
plan for the segment, entitled ‘‘Sudbury, Assabet and Concord
Wild and Scenic River Study, River Conservation Plan’’ and
dated March 16, 1995 (in this section referred to as the ‘‘plan’’),
which establishes objectives, standards, and action programs
that will ensure long-term protection of the rivers’ outstanding
values and compatible management of their land and water
resources.
(5) The Study Committee voted unanimously on February
23, 1995, to recommend that the Congress include these segments in the National Wild and Scenic Rivers System for
management in accordance with the plan.
(b) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following new paragraph:
‘‘(160) SUDBURY, ASSABET, AND CONCORD RIVERS, MASSACHUSETTS.—(A) The 29 miles of river segments in Massachusetts, as
follows:
‘‘(i) The 14.9-mile segment of the Sudbury River beginning
at the Danforth Street Bridge in the town of Framingham,
downstream to the Route 2 Bridge in Concord, as a scenic
river.
‘‘(ii) The 1.7-mile segment of the Sudbury River from the
Route 2 Bridge downstream to its confluence with the Assabet
River at Egg Rock, as a recreational river.
‘‘(iii) The 4.4-mile segment of the Assabet River beginning
1,000 feet downstream from the Damon Mill Dam in the town
of Concord, to its confluence with the Sudbury River at Egg
Rock in Concord; as a recreational river.
‘‘(iv) The 8-mile segment of the Concord River from Egg
Rock at the confluence of the Sudbury and Assabet Rivers
downstream to the Route 3 Bridge in the town of Billerica,
as a recreational river.
‘‘(B) The segments referred to in subparagraph (A) shall be
administered by the Secretary of the Interior in cooperation with
the SUASCO River Stewardship Council provided for in the plan
referred to in subparagraph (C) through cooperative agreements
under section 10(e) between the Secretary and the Commonwealth
of Massachusetts and its relevant political subdivisions (including
the towns of Framingham, Wayland, Sudbury, Lincoln, Concord,
Carlisle, Bedford, and Billerica).
‘‘(C) The segments referred to in subparagraph (A) shall be
managed in accordance with the plan entitled ‘Sudbury, Assabet
and Concord Wild and Scenic River Study, River Conservation
Plan’, dated March 16, 1995. The plan is deemed to satisfy the
requirement for a comprehensive management plan under subsection (d) of this section.’’.
(c) FEDERAL ROLE IN MANAGEMENT.—(1) The Director of the
National Park Service or the Director’s designee shall represent
the Secretary of the Interior in the implementation of the plan,
this section, and the Wild and Scenic Rivers Act with respect
to each of the segments designated by the amendment made by
subsection (b), including the review of proposed federally assisted
water resources projects that could have a direct and adverse effect
113 STAT. 31
16 USC 1274
note.
113 STAT. 32
16 USC 1274
note.
16 USC 1274
note.
16 USC 1274
note.
PUBLIC LAW 106–20—APR. 9, 1999
on the values for which the segment is established, as authorized
under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1278(a)).
(2) Pursuant to sections 10(e) and section 11(b)(1) of the Wild
and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Director
shall offer to enter into cooperative agreements with the Commonwealth of Massachusetts, its relevant political subdivisions, the
Sudbury Valley Trustees, and the Organization for the Assabet
River. Such cooperative agreements shall be consistent with the
plan and may include provisions for financial or other assistance
from the United States to facilitate the long-term protection, conservation, and enhancement of each of the segments designated
by the amendment made by subsection (b).
(3) The Director may provide technical assistance, staff support,
and funding to assist in the implementation of the plan, except
that the total cost to the Federal Government of activities to implement the plan may not exceed $100,000 each fiscal year.
(4) Notwithstanding section 10(c) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(c)), any portion of a segment designated by
the amendment made by subsection (b) that is not already within
the National Park System shall not under this section—
(A) become a part of the National Park System;
(B) be managed by the National Park Service; or
(C) be subject to regulations which govern the National
Park System.
(d) WATER RESOURCES PROJECTS.—(1) In determining whether
a proposed water resources project would have a direct and adverse
effect on the values for which the segments designated by the
amendment made by subsection (b) were included in the National
Wild and Scenic Rivers System, the Secretary of the Interior shall
specifically consider the extent to which the project is consistent
with the plan.
(2) The plan, including the detailed Water Resources Study
incorporated by reference in the plan and such additional analysis
as may be incorporated in the future, shall serve as the primary
source of information regarding the flows needed to maintain
instream resources and potential compatibility between resource
protection and possible additional water withdrawals.
(e) LAND MANAGEMENT.—(1) The zoning bylaws of the towns
of Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and Billerica, Massachusetts, as in effect on the date of enactment of this Act, are deemed to satisfy the standards and requirements under section 6(c) of the Wild and Scenic rivers Act (16
U.S.C. 1277(c)). For the purpose of that section, the towns are
deemed to be ‘‘villages’’ and the provisions of that section which
prohibit Federal acquisition of lands through condemnation shall
apply.
(2) The United States Government shall not acquire by any
means title to land, easements, or other interests in land along
the segments designated by the amendment made by subsection
(b) or their tributaries for the purposes of designation of the segments under the amendment. Nothing in this section shall prohibit
Federal acquisition of interests in land along those segments or
tributaries under other laws for other purposes.
(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of the Interior to carry out
this section not to exceed $100,000 for each fiscal year.
PUBLIC LAW 106–20—APR. 9, 1999
(g) EXISTING UNDESIGNATED PARAGRAPHS; REMOVAL OF
DUPLICATION.—Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended—
(1) by striking the first undesignated paragraph after paragraph (156), relating to Elkhorn Creek, Oregon; and
(2) by designating the three remaining undesignated paragraphs after paragraph (156) as paragraphs (157), (158), and
(159), respectively.
Approved April 9, 1999.
LEGISLATIVE HISTORY—H.R. 193:
HOUSE REPORTS: No. 106–10 (Comm. on Resources).
SENATE REPORTS: No. 106–25 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Feb. 23, considered and passed House.
Mar. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Apr. 9, Presidential statement.
Æ
113 STAT. 33
113 STAT. 1604
PUBLIC LAW 106–119—DEC. 3, 1999
Public Law 106–119
106th Congress
An Act
Dec. 3, 1999
[H.R. 20]
Upper Delaware
Scenic and
Recreational
River Mongaup
Visitor Center
Act of 1999.
16 USC 1274
note.
To authorize the Secretary of the Interior to construct and operate a visitor center
for the Upper Delaware Scenic and Recreational River on land owned by the
State of New York.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Upper Delaware Scenic and
Recreational River Mongaup Visitor Center Act of 1999’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Secretary of the Interior approved a management
plan for the Upper Delaware Scenic and Recreational River,
as required by section 704 of Public Law 95–625 (16 U.S.C.
1274 note), on September 29, 1987.
(2) The river management plan called for the development
of a primary visitor contact facility located at the southern
end of the river corridor.
(3) The river management plan determined that the visitor
center would be built and operated by the National Park
Service.
(4) The Act that designated the Upper Delaware Scenic
and Recreational River and the approved river management
plan limits the Secretary of the Interior’s authority to acquire
land within the boundary of the river corridor.
(5) The State of New York authorized on June 21, 1993,
a 99-year lease between the New York State Department of
Environmental Conservation and the National Park Service
for the construction and operation of a visitor center by the
Federal Government on State-owned land in the Town of
Deerpark, Orange County, New York, in the vicinity of
Mongaup, which is the preferred site for the visitor center.
SEC. 3. AUTHORIZATION OF VISITOR CENTER FOR UPPER DELAWARE
SCENIC AND RECREATIONAL RIVER.
For the purpose of constructing and operating a visitor center
for the Upper Delaware Scenic and Recreational River and subject
to the availability of appropriations, the Secretary of the Interior
may—
(1) enter into a lease with the State of New York, for
a term of 99 years, for State-owned land within the boundaries
of the Upper Delaware Scenic and Recreational River located
at an area known as Mongaup near the confluence of the
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PUBLIC LAW 106–119—DEC. 3, 1999
113 STAT. 1605
Mongaup and Upper Delaware Rivers in the State of New
York; and
(2) construct and operate such a visitor center on land
leased under paragraph (2).
Approved December 3, 1999.
LEGISLATIVE HISTORY—H.R. 20:
HOUSE REPORTS: No. 106–361 (Comm. on Resources).
SENATE REPORTS: No. 106–211 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Oct. 12, considered and passed House.
Nov. 19, considered and passed Senate.
Æ
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PUBLIC LAW 106–176—MAR. 10, 2000
114 STAT. 25
(C) by striking ‘‘(A) the terms’’ and inserting ‘‘(i) the
terms’’;
(D) by striking ‘‘(B) adequate’’ and inserting ‘‘(ii) adequate’’;
(E) by striking ‘‘(C) such guarantees’’ and inserting
‘‘(iii) such guarantees’’;
(F) by striking ‘‘(2) The authority’’ and inserting ‘‘(B)
The authority’’;
(G) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3) respectively;
(H) in paragraph (2) (as redesignated by this section)—
(i) by striking ‘‘The authority’’ and inserting ‘‘The
Trust shall also have the authority’’;
(ii) by striking ‘‘after determining that the projects
to be funded from the proceeds thereof are creditworthy
and that a repayment schedule is established and
only’’; and
(iii) by inserting after ‘‘and subject to such terms
and conditions,’’ the following ‘‘including a review of
the creditworthiness of the loan and establishment
of a repayment schedule,’’; and
(I) in paragraph (3) (as redesignated by this section)
by inserting before ‘‘this subsection’’ the following ‘‘paragraph (2) of ’’.
SEC. 102. COLONIAL NATIONAL HISTORICAL PARK.
Section 211(d) of division I of the Omnibus Parks Act (110
Stat. 4110; 16 U.S.C. 81p) is amended by striking ‘‘depicted on
the map dated August 1993, numbered 333/80031A,’’ and inserting
‘‘depicted on the map dated August 1996, numbered 333/80031B,’’.
SEC. 103. MERCED IRRIGATION DISTRICT.
Section 218(a) of division I of the Omnibus Parks Act (110
Stat. 4113) is amended by striking ‘‘this Act’’ and inserting ‘‘this
section’’.
SEC. 104. BIG THICKET NATIONAL PRESERVE.
Section 306 of division I of the Omnibus Parks Act (110 Stat.
4132; 16 U.S.C. 698 note) is amended as follows:
(1) In subsection (d), by striking ‘‘until the earlier of the
consummation of the exchange of July 1, 1998,’’ and inserting
‘‘until the earlier of the consummation of the exchange or
July 1, 1998,’’.
(2) In subsection (f )(2), by striking ‘‘in Menard’’ and
inserting ‘‘in the Menard’’.
SEC. 105. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
Section 311 of division I of the Omnibus Parks Act (110 Stat.
4139) is amended as follows:
(1) In subsection (d)(2)(B)(ii), by striking ‘‘W, Seward
Meridian’’ and inserting ‘‘W., Seward Meridian’’.
(2) In subsection (f )(1), by striking ‘‘to be know’’ and
inserting ‘‘to be known’’.
43 USC 1784
note.
SEC. 106. LAMPREY WILD AND SCENIC RIVER.
(a) TECHNICAL CORRECTION.—Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), as amended by section 405(a)
of division I of the Omnibus Parks Act (110 Stat. 4149), is amended
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114 STAT. 26
PUBLIC LAW 106–176—MAR. 10, 2000
in the second sentence of the paragraph relating to the Lamprey
River, New Hampshire, by striking ‘‘through cooperation agreements’’ and inserting ‘‘through cooperative agreements’’.
(b) CROSS REFERENCE.—Section 405(b)(1) of division I of the
Omnibus Parks Act (110 Stat. 4149; 16 U.S.C. 1274 note) is
amended by striking ‘‘this Act’’ and inserting ‘‘the Wild and Scenic
Rivers Act’’.
SEC. 107. VANCOUVER NATIONAL HISTORIC RESERVE.
Section 502(a) of division I of the Omnibus Parks Act (110
Stat. 4154; 16 U.S.C. 461 note) is amended by striking ‘‘by the
Vancouver Historical Assessment’ published’’.
SEC. 108. MEMORIAL TO MARTIN LUTHER KING, JR.
Section 508 of division I of the Omnibus Parks Act (110 Stat.
4157; 40 U.S.C. 1003 note) is amended as follows:
(1) In subsection (a), by striking ‘‘of 1986’’ and inserting
‘‘(40 U.S.C. 1001 et seq.)’’.
(2) In subsection (b), by striking ‘‘the Act’’ and all that
follows through ‘‘1986’’ and inserting ‘‘the Commemorative
Works Act’’.
(3) In subsection (d), by striking ‘‘the Act referred to in
section 4401(b))’’ and inserting ‘‘the Commemorative Works
Act)’’.
SEC. 109. ADVISORY COUNCIL ON HISTORIC PRESERVATION.
The first sentence of section 205(g) of the National Historic
Preservation Act (16 U.S.C. 470m(g)), as amended by section 509(c)
of division I of the Omnibus Parks Act (110 Stat. 4157), is amended
by striking ‘‘for the purpose.’’ and inserting ‘‘for that purpose.’’.
SEC. 110. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
Section 510(a)(1) of division I of the Omnibus Parks Act (110
Stat. 4158; 16 U.S.C. 461 note) is amended by striking ‘‘the contribution of our national heritage’’ and inserting ‘‘the contribution to
our national heritage’’.
SEC. 111. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.
(a) Section 511 of division I of the Omnibus Parks Act (110
Stat. 4159; 16 U.S.C. 410ddd) is amended as follows:
(1) In the section heading, by striking ‘‘NATIONAL HISTORIC
LANDMARK DISTRICT’’ and inserting ‘‘WHALING NATIONAL
HISTORICAL PARK’’.
(2) In subsection (c)—
(A) in paragraph (1), by striking ‘‘certain districts structures, and relics’’ and inserting ‘‘certain districts, structures, and relics’’; and
(B) in paragraph (2)(A)(i), by striking ‘‘The area
included with the New Bedford National Historic Landmark District, known as the’’ and inserting ‘‘The area
included within the New Bedford Historic District (a
National Landmark District), also known as the’’.
(3) In subsection (d)(2), by striking ‘‘to provide’’.
(4) By redesignating the second subsection (e) and subsection (f ) as subsections (f ) and (g), respectively.
(5) In subsection (g), as so redesignated—
(A) in paragraph (1), by striking ‘‘section 3(D).’’ and
inserting ‘‘subsection (d).’’; and
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PUBLIC LAW 106–192—MAY 2, 2000
114 STAT. 233
Public Law 106–192
106th Congress
An Act
To amend the Wild and Scenic Rivers Act to extend the designation of a portion
of the Lamprey River in New Hampshire as a recreational river to include
an additional river segment.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lamprey Wild and Scenic River
Extension Act’’.
May 2, 2000
[H.R. 1615]
Lamprey Wild
and Scenic River
Extension Act.
16 USC 1271
note.
SEC. 2. LAMPREY RECREATIONAL RIVER, NEW HAMPSHIRE.
(a) ADDITIONAL SEGMENT.—The paragraph entitled ‘‘LAMPREY
RIVER, NEW HAMPSHIRE’’ in section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended—
(1) by striking ‘‘11.5-mile segment extending from the
southern Lee town line’’ and inserting ‘‘23.5-mile segment
extending from the Bunker Pond Dam in Epping’’; and
(2) by striking ‘‘towns of ’’ and inserting ‘‘towns of Epping,’’.
(b) MANAGEMENT.—Section 405 of division I of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104–333; 110 Stat. 4149; 16 U.S.C. 1274 note) is amended—
(1) in subsection (b)(2), by inserting ‘‘Epping,’’ before ‘‘Durham’’; and
(2) by striking subsection (c).
Approved May 2, 2000.
LEGISLATIVE HISTORY—H.R. 1615:
HOUSE REPORTS: No. 106–368 (Comm. on Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999): Oct. 12, considered and passed House.
Vol. 146 (2000): Apr. 13, considered and passed Senate.
Æ
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PUBLIC LAW 106–261—AUG. 18, 2000
114 STAT. 735
Public Law 106–261
106th Congress
An Act
To designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as
a component of the National Wild and Scenic Rivers System.
Aug. 18, 2000
[H.R. 1749]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding at the end the following new paragraph:
‘‘(161) WILSON CREEK, NORTH CAROLINA.—(A) The 23.3 mile
segment of Wilson Creek in the State of North Carolina from
its headwaters to its confluence with Johns River, to be administered by the Secretary of Agriculture in the following classifications:
‘‘(i) The 2.9 mile segment from its headwaters below
Calloway Peak downstream to the confluence of Little Wilson
Creek, as a scenic river.
‘‘(ii) The 4.6 segment from Little Wilson Creek downstream
to the confluence of Crusher Branch, as a wild river.
‘‘(iii) The 15.8 segment from Crusher Branch downstream
to the confluence of Johns River, as a recreational river.
‘‘(B) The Forest Service or any other agency of the Federal
Government may not undertake condemnation proceedings for the
purpose of acquiring public right-of-way or access to Wilson Creek
against the private property of T. Henry Wilson, Jr., or his heirs
or assigns, located in Avery County, North Carolina (within the
area 36°, 4 min., 21 sec. North 81°, 47 min., 37° West and 36°,
3 min., 13 sec. North and 81° 45 min. 55 sec. West), in the area
of Wilson Creek designated as a wild river.’’.
Approved August 18, 2000.
LEGISLATIVE HISTORY—H.R. 1749:
HOUSE REPORTS: No. 106–500 (Comm. on Resources).
SENATE REPORTS: No. 106–320 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 146 (2000):
Feb. 29, considered and passed House.
June 27, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Aug. 18, Presidential statement.
Æ
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114 STAT. 1050
PUBLIC LAW 106–299—OCT. 13, 2000
Public Law 106–299
106th Congress
An Act
Oct. 13, 2000
[H.R. 2773]
Wekiva Wild and
Scenic River Act
of 2000.
16 USC 1271
note.
To amend the Wild and Scenic Rivers Act to designate the Wekiva River and
its tributaries of Wekiwa Springs Run, Rock Springs Run, and Black Water
Creek in the State of Florida as components of the national wild and scenic
rivers system.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Wekiva Wild and Scenic River
Act of 2000’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Public Law 104–311 (110 Stat. 3818) amended section
5 of the Wild and Scenic Rivers Act (16 U.S.C. 1276) to require
the study of the Wekiva River and its tributaries of Rock
Springs Run and Seminole Creek for potential inclusion in
the national wild and scenic rivers system.
(2) The study determined that the Wekiva River, Wekiwa
Springs Run, Rock Springs Run, and Black Water Creek are
eligible for inclusion in the national wild and scenic rivers
system.
(3) The State of Florida has demonstrated its commitment
to protecting these rivers and streams by the enactment of
the Wekiva River Protection Act (Florida Statute chapter 369),
by the establishment of a riparian wildlife protection zone
and water quality protection zone by the St. Johns River Water
Management District, and by the acquisition of lands adjacent
to these rivers and streams for conservation purposes.
(4) The Florida counties of Lake, Seminole, and Orange
have demonstrated their commitment to protect these rivers
and streams in their comprehensive land use plans and land
development regulations.
(5) The desire for designation of these rivers and streams
as components of the national wild and scenic rivers system
has been demonstrated through strong public support, State
and local agency support, and the endorsement of designation
by the Wekiva River Basin Ecosystem Working Group, which
represents a broad cross section of State and local agencies,
landowners, environmentalists, nonprofit organizations, and
recreational users.
(6) The entire lengths of the Wekiva River, Rock Springs
Run, and Black Water Creek are held in public ownership
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PUBLIC LAW 106–299—OCT. 13, 2000
114 STAT. 1051
or conservation easements or are defined as waters of the
State of Florida.
SEC. 3. DESIGNATION OF WEKIVA RIVER AND TRIBUTARIES, FLORIDA,
AS COMPONENTS OF NATIONAL WILD AND SCENIC
RIVERS SYSTEM.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following new paragraph:
‘‘(161) WEKIVA RIVER, WEKIWA SPRINGS RUN, ROCK SPRINGS
RUN, AND BLACK WATER CREEK, FLORIDA.—The 41.6-mile segments
referred to in this paragraph, to be administered by the Secretary
of the Interior:
‘‘(A) WEKIVA RIVER AND WEKIWA SPRINGS RUN.—The 14.9
miles of the Wekiva River, along Wekiwa Springs Run from
its confluence with the St. Johns River to Wekiwa Springs,
to be administered in the following classifications:
‘‘(i) From the confluence with the St. Johns River to
the southern boundary of the Lower Wekiva River State
Preserve, approximately 4.4 miles, as a wild river.
‘‘(ii) From the southern boundary of the Lower Wekiva
River State Preserve to the northern boundary of Rock
Springs State Reserve at the Wekiva River, approximately
3.4 miles, as a recreational river.
‘‘(iii) From the northern boundary of Rock Springs
State Reserve at the Wekiva River to the southern
boundary of Rock Springs State Reserve at the Wekiva
River, approximately 5.9 miles, as a wild river.
‘‘(iv) From the southern boundary of Rock Springs State
Reserve at the Wekiva River upstream along Wekiwa
Springs Run to Wekiwa Springs, approximately 1.2 miles,
as a recreational river.
‘‘(B) ROCK SPRINGS RUN.—The 8.8 miles from the confluence
of Rock Springs Run with the Wekiwa Springs Run forming
the Wekiva River to its headwaters at Rock Springs, to be
administered in the following classifications:
‘‘(i) From the confluence with Wekiwa Springs Run
to the western boundary of Rock Springs Run State Reserve
at Rock Springs Run, approximately 6.9 miles, as a wild
river.
‘‘(ii) From the western boundary of Rock Springs Run
State Reserve at Rock Springs Run to Rock Springs,
approximately 1.9 miles, as a recreational river.
‘‘(C) BLACK WATER CREEK.—The 17.9 miles from the confluence of Black Water Creek with the Wekiva River to outflow
from Lake Norris, to be administered in the following classifications:
‘‘(i) From the confluence with the Wekiva River to
approximately .25 mile downstream of the Seminole State
Forest road crossing, approximately 4.1 miles, as a wild
river.
‘‘(ii) From approximately .25 mile downstream of the
Seminole State Forest road to approximately .25 mile
upstream of the Seminole State Forest road crossing,
approximately .5 mile, as a scenic river.
‘‘(iii) From approximately .25 mile upstream of the
Seminole State Forest road crossing to approximately .25
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PUBLIC LAW 106–299—OCT. 13, 2000
mile downstream of the old railroad grade crossing
(approximately River Mile 9), approximately 4.4 miles, as
a wild river.
‘‘(iv) From approximately .25 mile downstream of the
old railroad grade crossing (approximately River Mile 9),
upstream to the boundary of Seminole State Forest
(approximately River Mile 10.6), approximately 1.6 miles,
as a scenic river.
‘‘(v) From the boundary of Seminole State Forest
(approximately River Mile 10.6) to approximately .25 mile
downstream of the State Road 44 crossing, approximately
.9 mile, as a wild river.
‘‘(vi) From approximately .25 mile downstream of State
Road 44 to approximately .25 mile upstream of the State
Road 44A crossing, approximately .6 mile, as a recreational
river.
‘‘(vii) From approximately .25 mile upstream of the
State Road 44A crossing to approximately .25 mile downstream of the Lake Norris Road crossing, approximately
4.7 miles, as a wild river.
‘‘(viii) From approximately .25 mile downstream of the
Lake Norris Road crossing to the outflow from Lake Norris,
approximately 1.1 miles, as a recreational river.’’.
16 USC 1274
note.
SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND
TRIBUTARIES.
(a) DEFINITIONS.—In this section and section 5:
(1) WEKIVA RIVER SYSTEM.—The term ‘‘Wekiva River
system’’ means the segments of the Wekiva River, Wekiwa
Springs Run, Rock Springs Run, and Black Water Creek in
the State of Florida designated as components of the national
wild and scenic rivers system by paragraph (161) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)),
as added by this Act.
(2) COMMITTEE.—The term ‘‘Committee’’ means the Wekiva
River System Advisory Management Committee established
pursuant to section 5.
(3) COMPREHENSIVE MANAGEMENT PLAN.—The terms ‘‘comprehensive management plan’’ and ‘‘plan’’ mean the comprehensive management plan to be developed pursuant to section
3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) COOPERATIVE AGREEMENTS.—
(1) USE AUTHORIZED.—In order to provide for the longterm protection, preservation, and enhancement of the Wekiva
River system, the Secretary shall offer to enter into cooperative
agreements pursuant to sections 10(e) and 11(b)(1) of the Wild
and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the
State of Florida, appropriate local political jurisdictions of the
State, namely the counties of Lake, Orange, and Seminole,
and appropriate local planning and environmental organizations.
(2) EFFECT OF AGREEMENT.—Administration by the Secretary of the Wekiva River system through the use of cooperative agreements shall not constitute National Park Service
administration of the Wekiva River system for purposes of
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114 STAT. 1053
section 10(c) of such Act (10 U.S.C. 1281(c)) and shall not
cause the Wekiva River system to be considered as being a
unit of the National Park System. Publicly owned lands within
the boundaries of the Wekiva River system shall continue to
be managed by the agency having jurisdiction over the lands,
in accordance with the statutory authority and mission of the
agency.
(c) COMPLIANCE REVIEW.—After completion of the comprehensive management plan, the Secretary shall biennially review compliance with the plan and shall promptly report to the Committee
on Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate any deviation
from the plan that could result in any diminution of the values
for which the Wekiva River system was designated as a component
of the national wild and scenic rivers system.
(d) TECHNICAL ASSISTANCE AND OTHER SUPPORT.—The Secretary may provide technical assistance, staff support, and funding
to assist in the development and implementation of the comprehensive management plan.
(e) LIMITATION ON FEDERAL SUPPORT.—Nothing in this section
shall be construed to authorize funding for land acquisition, facility
development, or operations.
SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE.
(a) ESTABLISHMENT.—The Secretary shall establish an advisory
committee, to be known as the Wekiva River System Advisory
Management Committee, to assist in the development of the comprehensive management plan for the Wekiva River system.
(b) MEMBERSHIP.—The Committee shall be composed of a representative of each of the following agencies and organizations:
(1) The Department of the Interior, represented by the
Director of the National Park Service or the Director’s designee.
(2) The East Central Florida Regional Planning Council.
(3) The Florida Department of Environmental Protection,
Division of Recreation and Parks.
(4) The Florida Department of Environmental Protection,
Wekiva River Aquatic Preserve.
(5) The Florida Department of Agriculture and Consumer
Services, Division of Forestry, Seminole State Forest.
(6) The Florida Audubon Society.
(7) The nonprofit organization known as the Friends of
the Wekiva.
(8) The Lake County Water Authority.
(9) The Lake County Planning Department.
(10) The Orange County Parks and Recreation Department,
Kelly Park.
(11) The Seminole County Planning Department.
(12) The St. Johns River Water Management District.
(13) The Florida Fish and Wildlife Conservation Commission.
(14) The City of Altamonte Springs.
(15) The City of Longwood.
(16) The City of Apopka.
(17) The Florida Farm Bureau Federation.
(18) The Florida Forestry Association.
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16 USC 1274
note.
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114 STAT. 1054
PUBLIC LAW 106–299—OCT. 13, 2000
(c) ADDITIONAL MEMBERS.—Other interested parties may be
added to the Committee by request to the Secretary and unanimous
consent of the existing members.
(d) APPOINTMENT.—Representatives and alternates to the Committee shall be appointed as follows:
(1) State agency representatives, by the head of the agency.
(2) County representatives, by the Boards of County
Commissioners.
(3) Water management district, by the Governing Board.
(4) Department of the Interior representative, by the Southeast Regional Director, National Park Service.
(5) East Central Florida Regional Planning Council, by
Governing Board.
(6) Other organizations, by the Southeast Regional
Director, National Park Service.
(e) ROLE OF COMMITTEE.—The Committee shall assist in the
development of the comprehensive management plan for the Wekiva
River system and provide advice to the Secretary in carrying out
the management responsibilities of the Secretary under this Act.
The Committee shall have an advisory role only, it will not have
regulatory or land acquisition authority.
(f ) VOTING AND COMMITTEE PROCEDURES.—Each member
agency, agency division, or organization referred to in subsection
(b) shall have one vote and provide one member and one alternate.
Committee decisions and actions will be made with consent of
three-fourths of all voting members. Additional necessary Committee procedures shall be developed as part of the comprehensive
management plan.
16 USC 1274
note.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary to carry out this Act and paragraph (161) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as
added by this Act.
Approved October 13, 2000.
LEGISLATIVE HISTORY—H.R. 2773 (S. 2352):
HOUSE REPORTS: No. 106–739 (Comm. on Resources).
SENATE REPORTS: No. 106–316 accompanying S. 2352 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 24, considered and passed House.
Oct. 3, considered and passed Senate.
Æ
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114 STAT. 1278
PUBLIC LAW 106–318—OCT. 19, 2000
Public Law 106–318
106th Congress
An Act
Oct. 19, 2000
[H.R. 2778]
Taunton River
Wild and Scenic
River Study Act
of 2000.
16 USC 1271
note.
To amend the Wild and Scenic Rivers Act to designate segments of the Taunton
River in the Commonwealth of Massachusetts for study for potential addition
to the National Wild and Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Taunton River Wild and Scenic
River Study Act of 2000’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the Taunton River in the Commonwealth of Massachusetts possesses important resource values (including wildlife,
ecological, and scenic values), historic sites, and a cultural
past important to the heritage of the United States;
(2) there is strong support among State and local officials,
area residents, and river users for a cooperative wild and
scenic river study of the area; and
(3) there is a longstanding interest among State and local
officials, area residents, and river users in undertaking a concerted cooperative effort to manage the river in a productive
and meaningful way.
SEC. 3. DESIGNATION FOR STUDY.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(a)) is amended—
(1) by designating the undesignated paragraph following
(135) as paragraph (136); and
(2) by adding at the end the following:
‘‘(137) TAUNTON RIVER, MASSACHUSETTS.—The segment downstream from the headwaters, from the confluence of the Town
River and the Matfield River in Bridgewater to the confluence
with the Forge River in Raynham, Massachusetts.’’.
SEC. 4. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)) is amended—
(1) by redesignating the second paragraph (8) as paragraph
(10);
(2) by redesignating the second paragraph (11) as paragraph (12);
(3) by redesignating the third paragraph (11) as paragraph
(13);
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PUBLIC LAW 106–318—OCT. 19, 2000
114 STAT. 1279
(4) by redesignating the fourth paragraph (11) as paragraph
(14);
(5) by redesignating the first undesignated paragraph as
paragraph (15);
(6) by redesignating the second undesignated paragraph
as paragraph (16);
(7) in paragraph (16), as so redesignated by paragraph
(6) of this subsection, by striking ‘‘paragraph ( )’’ and inserting
‘‘paragraph (136)’’; and
(8) by adding at the end the following:
‘‘(17) TAUNTON RIVER, MASSACHUSETTS.—Not later than 3 years
after the date of the enactment of this paragraph, the Secretary
of the Interior—
‘‘(A) shall complete the study of the Taunton River,
Massachusetts; and
‘‘(B) shall submit to Congress a report describing the results
of the study.’’.
Deadline.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
Approved October 19, 2000.
LEGISLATIVE HISTORY—H.R. 2778 (S. 1569):
HOUSE REPORTS: No. 106–678 (Comm. on Resources).
SENATE REPORTS: No. 106–209 accompanying S. 1569 (Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999): Nov. 19, S. 1569 considered and passed Senate.
Vol. 146 (2000): June 19, considered and passed House.
Oct. 5, considered and passed Senate.
Æ
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PUBLIC LAW 106–357—OCT. 24, 2000
114 STAT. 1393
Public Law 106–357
106th Congress
An Act
To designate segments and tributaries of White Clay Creek, Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘White Clay Creek Wild and
Scenic Rivers System Act’’.
Oct. 24, 2000
[S. 1849]
White Clay Creek
Wild and Scenic
Rivers System
Act.
16 USC 1271
note.
SEC. 2. FINDINGS.
Congress finds that—
(1) Public Law 102–215 (105 Stat. 1664) directed the Secretary of the Interior, in cooperation and consultation with
appropriate State and local governments and affected landowners, to conduct a study of the eligibility and suitability
of White Clay Creek, Delaware and Pennsylvania, and the
tributaries of the creek for inclusion in the National Wild
and Scenic Rivers System;
(2) as a part of the study described in paragraph (1),
the White Clay Creek Wild and Scenic Study Task Force and
the National Park Service prepared a watershed management
plan for the study area entitled ‘‘White Clay Creek and Its
Tributaries Watershed Management Plan’’, dated May 1998,
that establishes goals and actions to ensure the long-term
protection of the outstanding values of, and compatible management of land and water resources associated with, the watershed; and
(3) after completion of the study described in paragraph
(1), Chester County, Pennsylvania, New Castle County, Delaware, Newark, Delaware, and 12 Pennsylvania municipalities
located within the watershed boundaries passed resolutions
that—
(A) expressed support for the White Clay Creek Watershed Management Plan;
(B) expressed agreement to take action to implement
the goals of the Plan; and
(C) endorsed the designation of the White Clay Creek
and the tributaries of the creek for inclusion in the National
Wild and Scenic Rivers System.
SEC. 3. DESIGNATION OF WHITE CLAY CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
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114 STAT. 1394
PUBLIC LAW 106–357—OCT. 24, 2000
‘‘(162) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.—
The 190 miles of river segments of White Clay Creek (including
tributaries of White Clay Creek and all second order tributaries
of the designated segments) in the States of Delaware and Pennsylvania, as depicted on the recommended designation and classification maps (dated June 2000), to be administered by the Secretary
of the Interior, as follows:
‘‘(A) 30.8 miles of the east branch, including Trout Run,
beginning at the headwaters within West Marlborough township downstream to a point that is 500 feet north of the Borough
of Avondale wastewater treatment facility, as a recreational
river.
‘‘(B) 15.0 miles of the east branch beginning at the southern
boundary line of the Borough of Avondale to a point where
the East Branch enters New Garden Township at the Franklin
Township boundary line, including Walnut Run and Broad
Run outside the boundaries of the White Clay Creek Preserve,
as a recreational river.
‘‘(C) 4.0 miles of the east branch that flow through the
boundaries of the White Clay Creek Preserve, Pennsylvania,
beginning at the northern boundary line of London Britain
township and downstream to the confluence of the middle and
east branches, as a scenic river.
‘‘(D) 6.8 miles of the middle branch, beginning at the headwaters within Londonderry township downstream to a point
that is 500 feet north of the Borough of West Grove wastewater
treatment facility, as a recreational river.
‘‘(E) 14 miles of the middle branch, beginning at a point
that is 500 feet south of the Borough of West Grove wastewater
treatment facility downstream to the boundary of the White
Clay Creek Preserve in London Britain township, as a recreational river.
‘‘(F) 2.1 miles of the middle branch that flow within the
boundaries of the White Clay Creek Preserve in London Britain
township, as a scenic river.
‘‘(G) 17.2 miles of the west branch, beginning at the headwaters within Penn township downstream to the confluence
with the middle branch, as a recreational river.
‘‘(H) 12.7 miles of the main stem, excluding Lamborn Run,
that flow through the boundaries of the White Clay Creek
Preserve, Pennsylvania and Delaware, and White Clay Creek
State Park, Delaware, beginning at the confluence of the east
and middle branches in London Britain township, Pennsylvania, downstream to the northern boundary line of the city
of Newark, Delaware, as a scenic river.
‘‘(I) 5.4 miles of the main stem (including all second order
tributaries outside the boundaries of the White Clay Creek
Preserve and White Clay Creek State Park), beginning at the
confluence of the east and middle branches in London Britain
township, Pennsylvania, downstream to the northern boundary
of the city of Newark, Delaware, as a recreational river.
‘‘(J) 16.8 miles of the main stem beginning at Paper Mill
Road downstream to the Old Route 4 bridge, as a recreational
river.
‘‘(K) 4.4 miles of the main stem beginning at the southern
boundary of the property of the corporation known as United
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PUBLIC LAW 106–357—OCT. 24, 2000
114 STAT. 1395
Water Delaware downstream to the confluence of White Clay
Creek with the Christina River, as a recreational river.
‘‘(L) 1.3 miles of Middle Run outside the boundaries of
the Middle Run Natural Area, as a recreational river.
‘‘(M) 5.2 miles of Middle Run that flow within the boundaries of the Middle Run Natural Area, as a scenic river.
‘‘(N) 15.6 miles of Pike Creek, as a recreational river.
‘‘(O) 38.7 miles of Mill Creek, as a recreational river.’’.
SEC. 4. BOUNDARIES.
With respect to each of the segments of White Clay Creek
and its tributaries designated by the amendment made by section
3, in lieu of the boundaries provided for in section 3(b) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries
of the segment shall be 250 feet as measured from the ordinary
high water mark on both sides of the segment.
SEC. 5. ADMINISTRATION.
(a) BY SECRETARY OF THE INTERIOR.—The segments designated
by the amendment made by section 3 shall be administered by
the Secretary of the Interior (referred to in this Act as the ‘‘Secretary’’), in cooperation with the White Clay Creek Watershed
Management Committee as provided for in the plan prepared by
the White Clay Creek Wild and Scenic Study Task Force and
the National Park Service, entitled ‘‘White Clay Creek and Its
Tributaries Watershed Management Plan’’ and dated May 1998
(referred to in this Act as the ‘‘Management Plan’’).
(b) REQUIREMENT FOR COMPREHENSIVE MANAGEMENT PLAN.—
The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(c) COOPERATIVE AGREEMENTS.—In order to provide for the
long-term protection, preservation, and enhancement of the segments designated by the amendment made by section 3, the Secretary shall offer to enter into a cooperative agreement pursuant
to sections 10(c) and 11(b)(1) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e), 1282(b)(1)) with the White Clay Creek Watershed Management Committee as provided for in the Management
Plan.
SEC. 6. FEDERAL ROLE IN MANAGEMENT.
(a) IN GENERAL.—The Director of the National Park Service
(or a designee) shall represent the Secretary in the implementation
of the Management Plan, this Act, and the Wild and Scenic Rivers
Act with respect to each of the segments designated by the amendment made by section 3, including the review, required under
section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)),
of proposed federally-assisted water resources projects that could
have a direct and adverse effect on the values for which the segment
is designated.
(b) ASSISTANCE.—To assist in the implementation of the
Management Plan, this Act, and the Wild and Scenic Rivers Act
with respect to each of the segments designated by the amendment
made by section 3, the Secretary may provide technical assistance,
staff support, and funding at a cost to the Federal Government
in an amount, in the aggregate, of not to exceed $150,000 for
each fiscal year.
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note.
16 USC 1274
note.
16 USC 1274
note.
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114 STAT. 1396
PUBLIC LAW 106–357—OCT. 24, 2000
(c) COOPERATIVE AGREEMENTS.—Any cooperative agreement
entered into under section 10(e) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e)) relating to any of the segments designated
by the amendment made by section 3—
(1) shall be consistent with the Management Plan; and
(2) may include provisions for financial or other assistance
from the United States to facilitate the long-term protection,
conservation, and enhancement of the segments.
(d) NATIONAL PARK SYSTEM.—Notwithstanding section 10(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion
of a segment designated by the amendment made by section 3
that is not in the National Park System as of the date of the
enactment of this Act shall not, under this Act—
(1) be considered a part of the National Park System;
(2) be managed by the National Park Service; or
(3) be subject to laws (including regulations) that govern
the National Park System.
16 USC 1274
note.
SEC. 7. STATE REQUIREMENTS.
16 USC 1274
note.
SEC. 8. NO LAND ACQUISITION.
State and local zoning laws and ordinances, as in effect on
the date of the enactment of this Act, shall be considered to satisfy
the standards and requirements under section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated by the amendment made by section 3.
The Federal Government shall not acquire, by any means,
any right or title in or to land, any easement, or any other interest
along the segments designated by the amendment made by section
3 for the purpose of carrying out the amendment or this Act.
Approved October 24, 2000.
LEGISLATIVE HISTORY—S. 1849 (H.R. 3520):
HOUSE REPORTS: No. 106–813 accompanying H.R. 3520 (Comm. on Resources).
SENATE REPORTS: No. 106–266 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Apr. 13, considered and passed Senate.
Sept. 18, considered and passed House, amended.
Oct. 5, Senate concurred in House amendment.
Æ
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PUBLIC LAW 106–399—OCT. 30, 2000
114 STAT. 1667
in Appendices A and B of House Report 101–405 of the 101st
Congress.
(2) RETIREMENT OF CERTAIN PERMITS.—The Secretary shall
permanently retire all grazing permits applicable to certain
lands in the Wilderness Area, as depicted on the map referred
to in section 101(a), and livestock shall be excluded from these
lands.
SEC. 203. WATER RIGHTS.
Nothing in this Act shall constitute an express or implied
claim or denial on the part of the Federal Government as to exemption from State water laws.
SEC. 204. TREATMENT OF WILDERNESS STUDY AREAS.
(a) STATUS UNAFFECTED.—Except as provided in section 502,
any wilderness study area, or portion of a wilderness study area,
within the boundaries of the Cooperative Management and Protection Area, but not included in the Wilderness Area, shall remain
a wilderness study area notwithstanding the enactment of this
Act.
(b) MANAGEMENT.—The wilderness study areas referred to in
subsection (a) shall continue to be managed under section 603(c)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)) in a manner so as not to impair the suitability of the
areas for preservation as wilderness.
(c) EXPANSION OF BASQUE HILLS WILDERNESS STUDY AREA.—
The boundaries of the Basque Hills Wilderness Study Area are
hereby expanded to include the Federal lands within sections 8,
16, 17, 21, 22, and 27 of township 36 south, range 31 east, Willamette Meridian. These lands shall be managed under section 603(c)
of the Federal Lands Policy and Management Act of 1976 (43
U.S.C. 1782(c)) to protect and enhance the wilderness values of
these lands.
16 USC
460nnn-63.
16 USC
460nnn-64.
TITLE III—WILD AND SCENIC RIVERS
AND TROUT RESERVE
SEC. 301. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
STATUS IN STEENS MOUNTAIN AREA.
16 USC
460nnn-71.
(a) EXPANSION OF DONNER UND BLITZEN WILD RIVER.—Section
3(a)(74) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(74))
is amended—
(1) by striking ‘‘the’’ at the beginning of each subparagraph
and inserting ‘‘The’’;
(2) by striking the semicolon at the end of subparagraphs
(A), (B), (C), and (D) and inserting a period;
(3) by striking ‘‘; and’’ at the end of subparagraph (E)
and inserting a period; and
(4) by adding at the end the following new subparagraphs:
‘‘(G) The 5.1 mile segment of Mud Creek from its confluence
with an unnamed spring in the SW1⁄4SE1⁄4 of section 32, township 33 south, range 33 east, to its confluence with the Donner
und Blitzen River.
‘‘(H) The 8.1 mile segment of Ankle Creek from its headwaters to its confluence with the Donner und Blitzen River.
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114 STAT. 1668
PUBLIC LAW 106–399—OCT. 30, 2000
‘‘(I) The 1.6 mile segment of the South Fork of Ankle
Creek from its confluence with an unnamed tributary in the
SE1⁄4SE1⁄4 of section 17, township 34 south, range 33 east,
to its confluence with Ankle Creek.’’.
(b) DESIGNATION OF WILDHORSE AND KIGER CREEKS, OREGON.—
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
‘‘( ) WILDHORSE AND KIGER CREEKS, OREGON.—The following
segments in the Steens Mountain Cooperative Management and
Protection Area in the State of Oregon, to be administered by
the Secretary of the Interior as wild rivers:
‘‘(A) The 2.6-mile segment of Little Wildhorse Creek from
its headwaters to its confluence with Wildhorse Creek.
‘‘(B) The 7.0-mile segment of Wildhorse Creek from its
headwaters, and including .36 stream miles into section 34,
township 34 south, range 33 east.
‘‘(C) The approximately 4.25-mile segment of Kiger Creek
from its headwaters to the point at which it leaves the Steens
Mountain Wilderness Area within the Steens Mountain
Cooperative Management and Protection Area.’’.
(c) MANAGEMENT.—Where management requirements for a
stream segment described in the amendments made by this section
differ between the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.) and the Wilderness Area, the more restrictive requirements
shall apply.
16 USC
460nnn-72.
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SEC. 302. DONNER UND BlITZEN RIVER REDBAND TROUT RESERVE.
(a) FINDINGS.—The Congress finds the following:
(1) Those portions of the Donner und Blitzen River in
the Wilderness Area are an exceptional environmental resource
that provides habitat for unique populations of native fish,
migratory waterfowl, and other wildlife resources, including
a unique population of redband trout.
(2) Redband trout represent a unique natural history
reflecting the Pleistocene connection between the lake basins
of eastern Oregon and the Snake and Columbia Rivers.
(b) DESIGNATION OF RESERVE.—The Secretary shall designate
the Donner und Blitzen Redband Trout Reserve consisting of the
Donner und Blitzen River in the Wilderness Area above its confluence with Fish Creek and the Federal riparian lands immediately
adjacent to the river.
(c) RESERVE PURPOSES.—The purposes of the Redband Trout
Reserve are—
(1) to conserve, protect, and enhance the Donner und
Blitzen River population of redband trout and the unique ecosystem of plants, fish, and wildlife of a river system; and
(2) to provide opportunities for scientific research, environmental education, and fish and wildlife oriented recreation
and access to the extent compatible with paragraph (1).
(d) EXCLUSION OF PRIVATE LANDS.—The Redband Trout Reserve
does not include any private lands adjacent to the Donner und
Blitzen River or its tributaries.
(e) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall administer all lands,
waters, and interests therein in the Redband Trout Reserve
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.)
and the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
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PUBLIC LAW 106–418—NOV. 1, 2000
114 STAT. 1817
Public Law 106–418
106th Congress
An Act
To designate portions of the lower Delaware River and associated tributaries as
a component of the National Wild and Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lower Delaware Wild and Scenic
Rivers Act’’.
Nov. 1, 2000
[S. 1296]
Lower Delaware
Wild and Scenic
Rivers Act.
16 USC 1271
note.
SEC. 2. FINDINGS.
Congress finds that—
(1) Public Law 102–460 directed the Secretary of the
Interior, in cooperation and consultation with appropriate Federal, State, regional, and local agencies, to conduct a study
of the eligibility and suitability of the lower Delaware River
for inclusion in the Wild and Scenic Rivers System;
(2) during the study, the Lower Delaware Wild and Scenic
River Study Task Force and the National Park Service prepared
a river management plan for the study area entitled ‘‘Lower
Delaware River Management Plan’’ and dated August 1997,
which establishes goals and actions that will ensure long-term
protection of the river’s outstanding values and compatible
management of land and water resources associated with the
river; and
(3) after completion of the study, 24 municipalities along
segments of the Delaware River eligible for designation passed
resolutions supporting the Lower Delaware River Management
Plan, agreeing to take action to implement the goals of the
plan, and endorsing designation of the river.
SEC. 3 DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended—
(1) by designating the first undesignated paragraph following paragraph 156, pertaining to Elkhorn Creek and enacted
by Public Law 104–208, as paragraph 157;
(2) by designating the second undesignated paragraph following paragraph 156, pertaining to the Clarion River, Pennsylvania, and enacted by Public Law 104–314, as paragraph 158;
(3) by designating the third undesignated paragraph following paragraph 156, pertaining to the Lamprey River, New
Hampshire, and enacted by Public Law 104–333, as paragraph
159;
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114 STAT. 1818
(4) by striking the fourth undesignated paragraph following
paragraph 156, pertaining to Elkhorn Creek and enacted by
Public Law 104–333; and
(5) by adding at the end the following:
‘‘(161) LOWER DELAWARE RIVER AND ASSOCIATED TRIBUTARIES, NEW JERSEY AND PENNSYLVANIA.—(A) The 65.6 miles
of river segments in New Jersey and Pennsylvania, consisting
of—
‘‘(i) the segment from river mile 193.8 to the northern
border of the city of Easton, Pennsylvania (approximately
10.5 miles), as a recreational river;
‘‘(ii) the segment from a point just south of the Gilbert
Generating Station to a point just north of the Point Pleasant Pumping Station (approximately 14.2 miles), as a recreational river;
‘‘(iii) the segment from the point just south of the
Point Pleasant Pumping Station to a point 1,000 feet north
of the Route 202 bridge (approximately 6.3 miles), as a
recreational river;
‘‘(iv) the segment from a point 1,750 feet south of
the Route 202 bridge to the southern border of the town
of New Hope, Pennsylvania (approximately 1.9 miles), as
a recreational river;
‘‘(v) the segment from the southern boundary of the
town of New Hope, Pennsylvania, to the town of Washington Crossing, Pennsylvania (approximately 6 miles), as
a recreational river;
‘‘(vi) Tinicum Creek (approximately 14.7 miles), as a
scenic river;
‘‘(vii) Tohickon Creek from the Lake Nockamixon Dam
to the Delaware River (approximately 10.7 miles), as a
scenic river; and
‘‘(viii) Paunacussing Creek in Solebury Township
(approximately 3 miles), as a recreational river.
‘‘(B) ADMINISTRATION.—The river segments referred to in
subparagraph (A) shall be administered by the Secretary of
the Interior. Notwithstanding section 10(c), the river segments
shall not be administered as part of the National Park System.’’.
New Jersey.
Pennsylvania.
16 USC 1274
note.
VerDate 11-MAY-2000
PUBLIC LAW 106–418—NOV. 1, 2000
SEC. 4. MANAGEMENT OF RIVER SEGMENTS.
(a) MANAGEMENT OF SEGMENTS.—The river segments designated in section 3 shall be managed—
(1) in accordance with the river management plan entitled
‘‘Lower Delaware River Management Plan’’ and dated August
1997 (referred to as the ‘‘management plan’’), prepared by the
Lower Delaware Wild and Scenic River Study Task Force and
the National Park Service, which establishes goals and actions
that will ensure long-term protection of the river’s outstanding
values and compatible management of land and water resources
associated with the river; and
(2) in cooperation with appropriate Federal, State, regional,
and local agencies, including—
(A) the New Jersey Department of Environmental
Protection;
(B) the Pennsylvania Department of Conservation and
Natural Resources;
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PUBLIC LAW 106–418—NOV. 1, 2000
114 STAT. 1819
(C) the Delaware and Lehigh Navigation Canal Heritage Corridor Commission;
(D) the Delaware and Raritan Canal Commission; and
(E) the Delaware River Greenway Partnership.
(b) SATISFACTION OF REQUIREMENTS FOR PLAN.—The management plan shall be considered to satisfy the requirements for a
comprehensive management plan under subsection 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
(c) FEDERAL ROLE.—
(1) RESTRICTIONS ON WATER RESOURCE PROJECTS.—In determining under section 7(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1278(a)) whether a proposed water resources project
would have a direct and adverse effect on the value for which
a segment is designated as part of the Wild and Scenic Rivers
System, the Secretary of the Interior (hereinafter referred to
as the ‘‘Secretary’’) shall consider the extent to which the project
is consistent with the management plan.
(2) COOPERATIVE AGREEMENTS.—Any cooperative agreements entered into under section 10(e) of the Wild and Scenic
Rivers Act (16 U.S.C. 1281(e)) relating to any of the segments
designated by this Act shall—
(A) be consistent with the management plan; and
(B) may include provisions for financial or other assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the segments.
(3) SUPPORT FOR IMPLEMENTATION.—The Secretary may
provide technical assistance, staff support, and funding to assist
in the implementation of the management plan.
(d) LAND MANAGEMENT.—
(1) IN GENERAL.—The Secretary may provide planning,
financial, and technical assistance to local municipalities to
assist in the implementation of actions to protect the natural,
economic, and historic resources of the river segments designated by this Act.
(2) PLAN REQUIREMENTS.—After adoption of recommendations made in section III of the management plan, the zoning
ordinances of the municipalities bordering the segments shall
be considered to satisfy the standards and requirements under
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(e) ADDITIONAL SEGMENTS.—
(1) IN GENERAL.—In this paragraph, the term ‘‘additional
segment’’ means—
(A) the segment from the Delaware Water Gap to
the Toll Bridge connecting Columbia, New Jersey, and
Portland, Pennsylvania (approximately 9.2 miles), which,
if made part of the Wild and Scenic Rivers System in
accordance with this paragraph, shall be administered by
the Secretary as a recreational river;
(B) the segment from the Erie Lackawanna railroad
bridge to the southern tip of Dildine Island (approximately
3.6 miles), which, if made part of the Wild and Scenic
Rivers System in accordance with this paragraph, shall
be administered by the Secretary as a recreational river;
(C) the segment from the southern tip of Mack Island
to the northern border of the town of Belvidere, New Jersey
(approximately 2 miles), which, if made part of the Wild
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Federal Register,
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PUBLIC LAW 106–418—NOV. 1, 2000
and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a recreational river;
(D) the segment from the southern border of the town
of Phillipsburg, New Jersey, to a point just north of Gilbert
Generating Station (approximately 9.5 miles), which, if
made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the
Secretary as a recreational river;
(E) Paulinskill River in Knowlton Township (approximately 2.4 miles), which, if made part of the Wild and
Scenic Rivers System in accordance with this paragraph,
shall be administered by the Secretary as a recreational
river; and
(F) Cook’s Creek (approximately 3.5 miles), which, if
made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the
Secretary as a scenic river.
(2) FINDING.—Congress finds that each of the additional
segments is suitable for designation as a recreational river
or scenic river under this paragraph, if there is adequate local
support for the designation.
(3) DESIGNATION.—If the Secretary finds that there is adequate local support for designating any of the additional segments as a recreational river or scenic river—
(A) the Secretary shall publish in the Federal Register
a notice of the designation of the segment; and
(B) the segment shall thereby be designated as a recreational river or scenic river, as the case may be, in
accordance with the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.).
(4) CRITERIA FOR LOCAL SUPPORT.—In determining whether
there is adequate local support for the designation of an additional segment, the Secretary shall consider, among other
things, the preferences of local governments expressed in resolutions concerning designation of the segment.
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PUBLIC LAW 106–418—NOV. 1, 2000
114 STAT. 1821
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary to carry out this Act.
16 USC 1274
note.
Approved November 1, 2000.
LEGISLATIVE HISTORY—S. 1296:
SENATE REPORTS: No. 106–207 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999): Nov. 19, considered and passed Senate.
Vol. 146 (2000): Oct. 17, considered and passed House.
Æ
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115 STAT. 484
PUBLIC LAW 107–65—NOV. 6, 2001
Public Law 107–65
107th Congress
An Act
Nov. 6, 2001
[H.R. 182]
Eightmile River
Wild and Scenic
River Study Act
of 2001.
16 USC 1271
note.
To amend the Wild and Scenic Rivers Act to designate a segment of the Eightmile
River in the State of Connecticut for study for potential addition to the National
Wild and Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Eightmile River Wild and Scenic
River Study Act of 2001’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the Eightmile River in the State of Connecticut possesses important resource values, including wildlife, ecological,
and scenic values, and historic sites and a cultural past important to America’s heritage;
(2) there is strong support among State and local officials,
area residents, and river users for a cooperative wild and
scenic river study of the area; and
(3) there is a longstanding interest among State and local
officials, area residents, and river users in undertaking a concerted cooperative effort to manage the river in a productive
and meaningful way.
SEC. 3. DESIGNATION FOR STUDY.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(a)) is amended by adding at the end the following new paragraph:
‘‘(138) EIGHTMILE RIVER, CONNECTICUT.—The segment from its
headwaters downstream to its confluence with the Connecticut
River.’’.
SEC. 4. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)) is amended by adding at the end the following new paragraph:
‘‘(18) The study of the Eightmile River, Connecticut, named
in paragraph (138) of subsection (a) shall be completed by the
Secretary of the Interior and the report thereon submitted to Congress not later than 3 years after the date of the enactment of
this paragraph.’’.
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PUBLIC LAW 107–65—NOV. 6, 2001
115 STAT. 485
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary to carry out this Act.
Approved November 6, 2001.
LEGISLATIVE HISTORY—H.R. 182:
HOUSE REPORTS: No. 107–36 (Comm. on Resources).
SENATE REPORTS: No. 107–75 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 147 (2001):
May 1, considered and passed House.
Oct. 17, considered and passed Senate.
Æ
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PUBLIC LAW 107–365—DEC. 19, 2002
116 STAT. 3027
Public Law 107–365
107th Congress
An Act
To designate certain waterways in the Caribbean National Forest in the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Caribbean National Forest Wild
and Scenic Rivers Act of 2002’’.
SEC.
2.
WILD AND SCENIC RIVER DESIGNATIONS,
NATIONAL FOREST, PUERTO RICO.
Dec. 19, 2002
[H.R. 3954]
Caribbean
National Forest
Wild and Scenic
Rivers Act of
2002.
16 USC 1271
note.
CARIBBEAN
(a) FINDINGS.—The Congress finds the following:
(1) In the revised land and resource management plan
for the Caribbean National Forest/Luquillo Experimental
Forest, approved April 17, 1997, and the environmental impact
statement prepared as part of the plan, the Secretary of Agriculture examined the suitability of rivers within the Caribbean
National Forest/Luquillo Experimental Forest for inclusion in
the National Wild and Scenic Rivers System.
(2) Based on such examination, the Rio Icacos, Rio
Mameyes, and Rio de La Mina were found to be free flowing
waterways and to possess outstandingly remarkable scenic,
recreational, geological, hydrological, biological, historical, and
cultural values, and, therefore, to qualify for addition to the
National Wild and Scenic Rivers System.
(b) DESIGNATIONS.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following new paragraph:
‘‘(ll) RIVERS OF CARIBBEAN NATIONAL FOREST, PUERTO
RICO.—
‘‘(A) RIO MAMEYES.—The segment of approximately 4.5
miles from its headwaters in the Ban˜o de Oro Research Natural
Area to the boundary of the Caribbean National Forest, to
be administered by the Secretary of Agriculture as follows:
‘‘(i) As a wild river from its headwaters in the Ban˜o
de Oro Research Natural Area to the crossing point of
Trail No. 24/11 (approximately 500 feet upstream from
the confluence with the Rio de La Mina), a total of approximately 2.1 miles.
‘‘(ii) As a scenic river from the crossing point of Trail
No. 24/11 to the access point of Trail No. 7, a total of
approximately 1.4 miles.
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116 STAT. 3028
16 USC 1274
note.
16 USC 1274
note.
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PUBLIC LAW 107–365—DEC. 19, 2002
‘‘(iii) As a recreational river from the access point of
Trail No. 7 to the national forest boundary, a total of
approximately 1.0 miles.
‘‘(B) RIO DE LA MINA.—The segment of approximately 2.1
miles from its headwaters to its confluence with the Rio
Mameyes, to be administered by the Secretary of Agriculture
as follows:
‘‘(i) As a recreational river from its headwaters in
the El Yunque Recreation Area downstream to La Mina
Falls, a total of approximately 0.9 miles.
‘‘(ii) As a scenic river from La Mina falls downstream
to its confluence with the Rio Mameyes, a total of approximately 1.2 miles.
‘‘(C) RIO ICACOS.—The segment of approximately 2.3 miles
from its headwaters to the boundary of the Caribbean National
Forest, to be administered by the Secretary of Agriculture as
a scenic river.’’.
(c) SPECIAL MANAGEMENT CONSIDERATIONS.—
(1) CERTAIN PERMITTED ACTIVITIES.—Subject to paragraph
(2), the amendment made by the subsection (b) and the applicability of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.) to the river segments added to the National Wild and
Scenic Rivers System by the amendment shall not be construed
to prevent any of the following activities within the boundaries
of the river segments:
(A) Installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and
transmission facilities, or any combination of such facilities,
when the Secretary of Agriculture determines that such
facilities are essential to the scientific research purposes
of the Luquillo Experimental Forest.
(B) Construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species.
(C) Construction and maintenance of trails to such
facilities as necessary for research purposes and for the
recovery of threatened and endangered species.
(2) CONDITIONS.—The activities authorized by paragraph
(1) shall be subject to such conditions as the Secretary considers
desirable. The Secretary shall ensure that the scale and scope
of such activities within the boundaries of a river segment
added to the National Wild and Scenic Rivers System by the
amendment made by the subsection (b) are not detrimental
to the characteristics of the river segment that merited its
designation as a wild, scenic, or recreational river.
(d) PRESERVATION OF COMMONWEALTH AUTHORITY.—Nothing
in this section or the amendment made by this section shall be
construed to limit the authority of the Commonwealth of Puerto
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PUBLIC LAW 107–365—DEC. 19, 2002
116 STAT. 3029
Rico over waters and natural channels of public domain pursuant
to the laws of the Commonwealth of Puerto Rico.
Approved December 19, 2002.
LEGISLATIVE HISTORY—H.R. 3954:
HOUSE REPORTS: No. 107–441 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
May 7, considered and passed House.
Nov. 19, considered and passed Senate.
Æ
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PUBLIC LAW 108–352—OCT. 21, 2004
118 STAT. 1395
Public Law 108–352
108th Congress
An Act
To make technical corrections to laws relating to certain units of the National
Park System and to National Park programs.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Park System Laws
Technical Amendments Act of 2004’’.
Oct. 21, 2004
[S. 2178]
National Park
System Laws
Technical
Amendments Act
of 2004.
16 USC 1 note.
SEC. 2. LACKAWANNA VALLEY HERITAGE AREA.
Section 106 of the Lackawanna Valley National Heritage Area
Act of 2000 (16 U.S.C. 461 note; Public Law 106–278) is amended
by striking subsection (a) and inserting the following:
‘‘(a) AUTHORITIES OF MANAGEMENT ENTITY.—For purposes of
preparing and implementing the management plan, the management entity may—
‘‘(1) make grants to, and enter into cooperative agreements
with, the State and political subdivisions of the State, private
organizations, or any person; and
‘‘(2) hire and compensate staff.’’.
SEC. 3. HAWAI’I VOLCANOES NATIONAL PARK.
Section 5 of the Act of June 20, 1938 (16 U.S.C. 392c) is
amended by striking ‘‘Hawaii Volcanoes’’ each place it appears
and inserting ‘‘Hawai’i Volcanoes’’.
SEC. 4. ‘‘I HAVE A DREAM’’ PLAQUE AT LINCOLN MEMORIAL.
Section 2 of Public Law 106–365 (114 Stat. 1409) is amended
by striking ‘‘and expand contributions’’ and inserting ‘‘and expend
contributions’’.
40 USC 8903
note.
SEC. 5. WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended—
(1) by redesignating paragraph (162) (relating to White
Clay Creek, Delaware and Pennsylvania) as paragraph (163);
(2) by designating the second paragraph (161) (relating
to the Wekiva River, Wekiwa Springs Run, Rock Springs Run,
and Black Water Creek, Florida) as paragraph (162);
(3) by designating the undesignated paragraph relating
to the Wildhorse and Kiger Creeks, Oregon, as paragraph (164);
(4) by redesignating the third paragraph (161) (relating
to the Lower Delaware River and associated tributaries, New
Jersey and Pennsylvania) as paragraph (165) and by indenting
appropriately; and
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PUBLIC LAW 108–352—OCT. 21, 2004
(5) by redesignating the undesignated paragraph relating
to the Rivers of Caribbean National Forest, Puerto Rico, as
paragraph (166).
SEC. 6. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL
HISTORICAL PARK.
16 USC 410ggg.
16 USC 410ggg.
The Rosie the Riveter/World War II Home Front National
Historical Park Establishment Act of 2000 (16 U.S.C. 410ggg et
seq.) is amended—
(1) in section 2(b), by striking ‘‘numbered 963/80000’’ and
inserting ‘‘numbered 963/80,000’’; and
(2) in section 3—
(A) in subsection (a)(1), by striking ‘‘August 35’’ and
inserting ‘‘August 25’’;
(B) in subsection (b)(1), by striking ‘‘the World War
II Child Development Centers, the World War II worker
housing, the Kaiser-Permanente Field Hospital, and Fire
Station 67A’’ and inserting ‘‘the Child Development Field
Centers (Ruth C. Powers) (Maritime), Atchison Housing,
the Kaiser-Permanente Field Hospital, and Richmond Fire
Station 67A’’; and
(C) in subsection (e)(2), by striking ‘‘the World War
II day care centers, the World War II worker housing,
the Kaiser-Permanente Field Hospital, and Fire Station
67,’’ and inserting ‘‘the Child Development Field Centers
(Ruth C. Powers) (Maritime), Atchison Housing, the KaiserPermanente Field Hospital, and Richmond Fire Station
67A,’’.
SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS.
114 Stat. 2202.
114 Stat. 2202.
The Vicksburg Campaign Trail Battlefields Preservation Act
of 2000 (114 Stat. 2202) is amended—
(1) in section 2(a)(1), by striking ‘‘and Tennessee’’ and
inserting ‘‘Tennessee, and Kentucky’’; and
(2) in section 3—
(A) in paragraph (1), by striking ‘‘and Tennessee,’’ and
inserting ‘‘Tennessee, and Kentucky,’’; and
(B) in paragraph (2)—
(i) in subparagraph (R), by striking ‘‘and’’ at the
end;
(ii) by redesignating subparagraph (S) as subparagraph (T); and
(iii) by inserting after subparagraph (R) the following:
‘‘(S) Fort Heiman in Calloway County, Kentucky, and
resources in and around Columbus in Hickman County,
Kentucky; and’’.
SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY.
Section 3(c) of the Harriet Tubman Special Resource Study
Act (Public Law 106–516; 114 Stat. 2405) is amended by striking
‘‘Public Law 91–383’’ and all that follows through ‘‘(P.L. 105–391;
112 Stat. 3501)’’ and inserting ‘‘section 8 of Public Law 91–383
(16 U.S.C. 1a–5)’’.
40 USC 502 note.
SEC. 9. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS.
Employees of the foundations established by Acts of Congress
to solicit private sector funds on behalf of Federal land management
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PUBLIC LAW 108–352—OCT. 21, 2004
118 STAT. 1397
agencies shall qualify for General Service Administration contract
airfares.
SEC. 10. SHORT TITLES.
(a) NATIONAL PARK SERVICE ORGANIC ACT.—The Act of August
25, 1916 (commonly known as the ‘‘National Park Service Organic
Act’’) (16 U.S.C. 1 et seq.) is amended by adding at the end the
following:
16 USC 1 note.
‘‘SEC. 5. SHORT TITLE.
‘‘This Act may be cited as the ‘National Park Service Organic
Act’.’’.
(b) NATIONAL PARK SYSTEM GENERAL AUTHORITIES ACT.—
Public Law 91–383 (commonly known as the ‘‘National Park System
General Authorities Act’’) (16 U.S.C. 1a–1 et seq.) is amended
by adding at the end the following:
16 USC 1 note.
‘‘SEC. 14. SHORT TITLE.
‘‘This Act may be cited as the ‘National Park System General
Authorities Act’.’’.
SEC. 11. PARK POLICE INDEMNIFICATION.
Section 2(b) of Public Law 106–437 (114 Stat. 1921) is amended
by striking ‘‘the Act’’ and inserting ‘‘of the Act’’.
16 USC 1a–6.
SEC. 12. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
Section 1029 of division I of the Omnibus Parks and Public
Lands Management Act of 1996 (110 Stat. 4233) is amended—
(1) in subsection (c)(2)(B)(i), by striking ‘‘reference’’ and
inserting ‘‘referenced’’; and
(2) in subsection (d)(4), by inserting a period after ‘‘plans’’.
16 USC 460kkk.
SEC. 13. NATIONAL HISTORIC PRESERVATION ACT.
Section 5(a)(8) of the National Historic Preservation Act Amendments of 2000 (Public Law 106–208; 114 Stat. 319) is amended
by striking ‘‘section 110(1)’’ and inserting ‘‘section 110(l)’’.
16 USC 470h–2.
SEC. 14. NATIONAL TRAILS SYSTEM ACT.
The National Trails System Act (16 U.S.C. 1241 et seq.) is
amended—
(1) in section 5—
(A) in subsection (c)—
(i) in paragraph (19), by striking ‘‘Kissimme’’ and
inserting ‘‘Kissimmee’’;
(ii) in paragraph (40)(D) by striking ‘‘later that’’
and inserting ‘‘later than’’; and
(iii) by designating the undesignated paragraphs
relating to the Metacoment-Monadnock-Mattabesett
Trail and The Long Walk Trail as paragraphs (41)
and (42), respectively; and
(B) in the first sentence of subsection (d), by striking
‘‘establishment.’’; and
(2) in section 10(c)(1), by striking ‘‘The Ice Age’’ and
inserting ‘‘the Ice Age’’.
16 USC 1244.
16 USC 1249.
SEC. 15. VICKSBURG NATIONAL MILITARY PARK.
Section 3(b) of the Vicksburg National Military Park Boundary
Modification Act of 2002 (16 U.S.C. 430h–11) is amended by striking
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PUBLIC LAW 108–352—OCT. 21, 2004
‘‘the Secretary add it’’ and inserting ‘‘the Secretary shall add the
property’’.
SEC. 16. ALLEGHENY PORTAGE RAILROAD NATIONAL HISTORIC SITE.
16 USC 461 note.
Section 2(2) of the Allegheny Portage Railroad National Historic
Site Boundary Revision Act (Public Law 107–369; 116 Stat. 3069)
is amended by striking ‘‘NERO 423/80,014 and dated May 01’’
and inserting ‘‘NERO 423/80,014A and dated July 02’’.
SEC. 17. TALLGRASS PRAIRIE NATIONAL PRESERVE.
16 USC 698u–4.
Section 1006(b) of division I of the Omnibus Parks and Public
Lands Management Act of 1996 (110 Stat. 4208) is amended by
striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection (a)’’.
Approved October 21, 2004.
LEGISLATIVE HISTORY—S. 2178:
SENATE REPORTS: No. 108–239 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
May 19, considered and passed Senate.
Oct. 6, considered and passed House.
Æ
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PUBLIC LAW 108–447—DEC. 8, 2004
118 STAT. 3103
472a) shall not apply to services performed under a cooperative
agreement or contract under subsection (a).
(c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to
any treatment activity to restore and improve forest, rangeland,
and watershed health including fish and wildlife habitat services
on National Forest System lands programmed for treatment by
the State Forester of the State of Utah under subsection (a), any
decision required to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4821 et seq.) may not be delegated
to any officer or employee of the State of Utah.
SEC. 338. (a) IN GENERAL.—An entity that enters into a contract
with the United States to operate the National Recreation Reservation Service (as solicited by the solicitation numbered WO–04–
06vm) shall not carry out any duties under the contract using:
(1) a contact center located outside the United States;
or
(2) a reservation agent who does not live in the United
States.
(b) NO WAIVER.—The Secretary of Agriculture may not waive
the requirements of subsection (a).
(c) TELECOMMUTING.—A reservation agent who is carrying out
duties under the contract described in subsection (a) may not telecommute from a location outside the United States.
(d) LIMITATIONS.—Nothing in this Act shall be construed to
apply to any employee of the entity who is not a reservation agent
carrying out the duties under the contract described in subsection
(a) or who provides managerial or support services.
SEC. 339. For fiscal years 2005 through 2007, a decision made
by the Secretary of Agriculture to authorize grazing on an allotment
shall be categorically excluded from documentation in an environmental assessment or an environmental impact statement under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) if: (1) the decision continues current grazing management
of the allotment; (2) monitoring indicates that current grazing
management is meeting, or satisfactorily moving toward, objectives
in the land and resource management plan, as determined by
the Secretary; and (3) the decision is consistent with agency policy
concerning extraordinary circumstances. The total number of allotments that may be categorically excluded under this section may
not exceed 900.
SEC. 340. SALMON RIVER COMMERCIAL OUTFITTER HUNTING
CAMPS. Section 3(a)(24) of Public Law 90–542 (16 U.S.C. 1274)
is amended to add the following after paragraph (C) and redesignate
subsequent paragraphs accordingly:
‘‘(D) The established use and occupancy as of June
6, 2003, of lands and maintenance or replacement of facilities and structures for commercial recreation services at
Stub Creek located in section 28, T24N, R14E, Boise Principal Meridian, at Arctic Creek located in section 21, T25N,
R12E, Boise Principal Meridian and at Smith Gulch located
in section 27, T25N, R12E, Boise Principal Meridian shall
continue to be authorized, subject to such reasonable regulation as the Secretary deems appropriate, including rules
that would provide for termination for non-compliance, and
if terminated, reoffering the site through a competitive
process.’’.
SEC. 341. (a) IN GENERAL.—
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PUBLIC LAW 109–44—AUG. 2, 2005
119 STAT. 443
Public Law 109–44
109th Congress
An Act
To designate a portion of the White Salmon River as a component of the National
Wild and Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Upper White Salmon Wild and
Scenic Rivers Act’’.
Aug. 2, 2005
[H.R. 38]
Upper White
Salmon Wild and
Scenic Rivers
Act.
16 USC 1271
note.
SEC. 2. UPPER WHITE SALMON WILD AND SCENIC RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
‘‘( ) WHITE SALMON RIVER, WASHINGTON.—The 20 miles of
river segments of the main stem of the White Salmon River and
Cascade Creek, Washington, to be administered by the Secretary
of Agriculture in the following classifications:
‘‘(A) The approximately 1.6-mile segment of the main stem
of the White Salmon River from the headwaters on Mount
Adams in section 17, township 8 north, range 10 east, downstream to the Mount Adams Wilderness boundary as a wild
river.
‘‘(B) The approximately 5.1-mile segment of Cascade Creek
from its headwaters on Mount Adams in section 10, township
8 north, range 10 east, downstream to the Mount Adams
Wilderness boundary as a wild river.
‘‘(C) The approximately 1.5-mile segment of Cascade Creek
from the Mount Adams Wilderness boundary downstream to
its confluence with the White Salmon River as a scenic river.
‘‘(D) The approximately 11.8-mile segment of the main
stem of the White Salmon River from the Mount Adams Wilderness boundary downstream to the Gifford Pinchot National
Forest boundary as a scenic river.’’.
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119 STAT. 444
PUBLIC LAW 109–44—AUG. 2, 2005
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
Approved August 2, 2005.
LEGISLATIVE HISTORY—H.R. 38 (S. 74):
HOUSE REPORTS: No. 109–125 (Comm. on Resources).
SENATE REPORTS: No. 109–8 accompanying S. 74 (Comm. on Energy and Natural
Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 27, considered and passed House.
July 26, considered and passed Senate.
Æ
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PUBLIC LAW 109–362—OCT. 17, 2006
(4) the Cedar Roughs Wilderness Study Area; and
(5) those portions of the Rocky Creek/Cache Creek Wilderness Study Area in Lake County, California which are not
in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
(c) RELEASE.—Any portion of a wilderness study area described
in subsection (b) that is not designated as wilderness by section
3 or any other Act enacted before the date of enactment of this
Act shall not be subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.
16 USC 1132
note.
Effective date.
Federal Register,
publication.
(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public land in the State
administered by the Bureau of Land Management, compromising
approximately 11,271 acres, as generally depicted on the map entitled ‘‘South Fork Eel River Wilderness Area and Elkhorn Ridge
Potential Wilderness’’ and dated June 16, 2005, is designated as
a potential wilderness area.
(b) MANAGEMENT.—Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage the
potential wilderness area as wilderness until the potential wilderness area is designated as wilderness under subsection (d).
(c) ECOLOGICAL RESTORATION.—
(1) IN GENERAL.—For purposes of ecological restoration
(including the elimination of non-native species, removal of
illegal, unused, or decommissioned roads, repair of skid tracks,
and any other activities necessary to restore the natural ecosystems in the potential wilderness area), the Secretary may
use motorized equipment and mechanized transport in the
potential wilderness area until the potential wilderness area
is designated as wilderness under subsection (d).
(2) LIMITATION.—To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and
resources.
(d) EVENTUAL WILDERNESS DESIGNATION.—The potential
wilderness area shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier
of—
(1) the date on which the Secretary publishes in the Federal
Register notice that the conditions in the potential wilderness
area that are incompatible with the Wilderness Act (16 U.S.C.
1131 et seq.) have been removed; or
(2) the date that is 5 years after the date of enactment
of this Act.
(e) ADMINISTRATION AS WILDERNESS.—On its designation as
wilderness under subsection (d), the potential wilderness area shall
be—
(1) known as the ‘‘Elkhorn Ridge Wilderness’’; and
(2) administered in accordance with section 4 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 7. WILD AND SCENIC RIVER DESIGNATION.
(a) DESIGNATION OF BLACK BUTTE RIVER, CALIFORNIA.—Section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding at the end the following:
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PUBLIC LAW 109–362—OCT. 17, 2006
120 STAT. 2071
‘‘(ll) BLACK BUTTE RIVER, CALIFORNIA.—The following segments of the Black Butte River in the State of California, to be
administered by the Secretary of Agriculture:
‘‘(A) The 16 miles of Black Butte River, from the Mendocino
County Line to its confluence with Jumpoff Creek, as a wild
river.
‘‘(B) The 3.5 miles of Black Butte River from its confluence
with Jumpoff Creek to its confluence with Middle Eel River,
as a scenic river.
‘‘(C) The 1.5 miles of Cold Creek from the Mendocino
County Line to its confluence with Black Butte River, as a
wild river.’’.
(b) PLAN; REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary of Agriculture shall
submit to Congress—
(A) a fire management plan for the Black Butte River
segments designated by the amendment made by subsection (a); and
(B) a report on the cultural and historic resources
within those segments.
(2) TRANSMITTAL TO COUNTY.—The Secretary of Agriculture
shall transmit to the Board of Supervisors of Mendocino County,
California, a copy of the plan and report submitted under
paragraph (1).
Deadline.
SEC. 8. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY
ADJUSTMENT.
Section 9 of Public Law 91–476 (16 U.S.C. 460y–8) is amended
by adding at the end the following:
‘‘(d) In addition to the land described in subsections (a) and
(c), the land identified as the King Range National Conservation
Area Additions on the map entitled ‘King Range Wilderness’ and
dated November 12, 2004, is included in the Area.’’.
SEC. 9. COW MOUNTAIN RECREATION AREA, LAKE AND MENDOCINO
COUNTIES, CALIFORNIA.
16 USC 460sss.
(a) ESTABLISHMENT.—In order to enhance the recreational and
scenic values of the Cow Mountain area in Lake and Mendocino
Counties, California, while conserving the wildlife and other natural
resource values of the area, there is hereby established the Cow
Mountain Recreation Area (in this section referred to as the ‘‘recreation area’’) consisting of approximately 51,513 acres of land in
such counties, as generally depicted on the map entitled ‘‘Cow
Mountain Recreation Area’’ and dated July 22, 2006, including
the following:
(1) The ‘‘South Cow Mountain OHV Management Area’’,
as generally depicted on the map.
(2) The ‘‘North Cow Mountain Recreation Area’’, as generally depicted on the map.
(b) LEGAL DESCRIPTIONS; CORRECTION OF ERRORS.—
(1) PREPARATION AND SUBMISSION.—As soon as practicable
after the date of the enactment of this Act, the Secretary
of the Interior shall prepare a map and legal descriptions
of the boundaries of the recreation area. The Secretary shall
submit the map and legal descriptions to the Committee on
Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.
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PUBLIC LAW 109–370—NOV. 27, 2006
120 STAT. 2643
Public Law 109–370
109th Congress
An Act
To amend the Wild and Scenic Rivers Act to designate a segment of the Farmington
River and Salmon Brook in the State of Connecticut for study for potential
addition to the National Wild and Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lower Farmington River and
Salmon Brook Wild and Scenic River Study Act of 2005’’.
SEC. 2. DESIGNATION OF ADDITIONAL SEGMENT OF FARMINGTON
RIVER AND SALMON BROOK IN CONNECTICUT FOR
STUDY FOR POTENTIAL ADDITION TO NATIONAL WILD
AND SCENIC RIVERS SYSTEM.
(a) DESIGNATION.—Section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)) is amended by adding at the end the
following:
‘‘(139) LOWER FARMINGTON RIVER AND SALMON BROOK, CONNECTICUT.—The segment of the Farmington River downstream from
the segment designated as a recreational river by section 3(a)(156)
to its confluence with the Connecticut River, and the segment
of the Salmon Brook including its mainstream and east and west
branches.’’.
(b) TIME FOR SUBMISSION.—Not later than 3 years after the
date on which funds are made available to carry out this Act,
the Secretary of the Interior shall submit to Congress a report
containing the results of the study required by the amendment
made by subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
Act.
Nov. 27, 2006
[S. 435]
Lower
Farmington
River and
Salmon Brook
Wild and Scenic
River Study Act
of 2005.
Conservation.
16 USC 1271
note.
Reports.
Approved November 27, 2006.
LEGISLATIVE HISTORY—S. 435:
SENATE REPORTS: No. 109–189 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Dec. 16, considered and passed Senate.
Vol. 152 (2006): Nov. 13, considered and passed House.
Æ
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PUBLIC LAW 109–452—DEC. 22, 2006
120 STAT. 3363
Public Law 109–452
109th Congress
An Act
To amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong
River in the State of New Jersey as a component of the National Wild and
Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Musconetcong Wild and Scenic
Rivers Act’’.
Dec. 22, 2006
[S. 1096]
Musconetcong
Wild and Scenic
Rivers Act.
16 USC 1271
note.
SEC. 2. FINDINGS.
Congress finds that—
(1) the Secretary of the Interior, in cooperation and consultation with appropriate Federal, State, regional, and local
agencies, is conducting a study of the eligibility and suitability
of the Musconetcong River in the State of New Jersey for
inclusion in the Wild and Scenic Rivers System;
(2) the Musconetcong Wild and Scenic River Study Task
Force, with assistance from the National Park Service, has
prepared a river management plan for the study area entitled
‘‘Musconetcong River Management Plan’’ and dated April 2003
that establishes goals and actions to ensure long-term protection of the outstanding values of the river and compatible
management of land and water resources associated with the
Musconetcong River; and
(3) 13 municipalities and 3 counties along segments of
the Musconetcong River that are eligible for designation have
passed resolutions in which the municipalities and counties—
(A) express support for the Musconetcong River
Management Plan;
(B) agree to take action to implement the goals of
the management plan; and
(C) endorse designation of the Musconetcong River as
a component of the Wild and Scenic Rivers System.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADDITIONAL RIVER SEGMENT.—The term ‘‘additional
river segment’’ means the approximately 4.3-mile Musconetcong
River segment designated as ‘‘C’’ in the management plan,
from Hughesville Mill to the Delaware River Confluence.
(2) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the river management plan prepared by the
Musconetcong River Management Committee, the National
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note.
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PUBLIC LAW 109–452—DEC. 22, 2006
Park Service, the Heritage Conservancy, and the Musconetcong
Watershed Association entitled ‘‘Musconetcong River Management Plan’’ and dated April 2003 that establishes goals and
actions to—
(A) ensure long-term protection of the outstanding
values of the river segments; and
(B) compatible management of land and water
resources associated with the river segments.
(3) RIVER SEGMENT.—The term ‘‘river segment’’ means any
segment of the Musconetcong River, New Jersey, designated
as a scenic river or recreational river by section 3(a)(167) of
the Wild and Scenic Rivers Act (as added by section 4).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW
JERSEY, AS SCENIC AND RECREATIONAL RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
‘‘(167) MUSCONETCONG RIVER, NEW JERSEY.—
‘‘(A) DESIGNATION.—The 24.2 miles of river segments in
New Jersey, consisting of—
‘‘(i) the approximately 3.5-mile segment from Saxton
Falls to the Route 46 bridge, to be administered by the
Secretary of the Interior as a scenic river; and
‘‘(ii) the approximately 20.7-mile segment from the
Kings Highway bridge to the railroad tunnels at
Musconetcong Gorge, to be administered by the Secretary
of the Interior as a recreational river.
‘‘(B) ADMINISTRATION.—Notwithstanding section 10(c), the
river segments designated under subparagraph (A) shall not
be administered as part of the National Park System.’’.
16 USC 1274
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SEC. 5. MANAGEMENT.
(a) MANAGEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall manage the river
segments in accordance with the management plan.
(2) SATISFACTION OF REQUIREMENTS FOR PLAN.—The
management plan shall be considered to satisfy the requirements for a comprehensive management plan for the river
segments under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
(3) RESTRICTIONS ON WATER RESOURCE PROJECTS.—For purposes of determining whether a proposed water resources
project would have a direct and adverse effect on the values
for which a river segment is designated as part of the Wild
and Scenic Rivers System under section 7(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1278(a)), the Secretary shall consider the extent to which the proposed water resources project
is consistent with the management plan.
(4) IMPLEMENTATION.—The Secretary may provide technical
assistance, staff support, and funding to assist in the
implementation of the management plan.
(b) COOPERATION.—
(1) IN GENERAL.—The Secretary shall manage the river
segments in cooperation with appropriate Federal, State,
regional, and local agencies, including—
(A) the Musconetcong River Management Committee;
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120 STAT. 3365
(B) the Musconetcong Watershed Association;
(C) the Heritage Conservancy;
(D) the National Park Service; and
(E) the New Jersey Department of Environmental
Protection.
(2) COOPERATIVE AGREEMENTS.—Any cooperative agreement entered into under section 10(e) of the Wild and Scenic
Rivers Act (16 U.S.C. 1281(e)) relating to a river segment—
(A) shall be consistent with the management plan;
and
(B) may include provisions for financial or other assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the river segment.
(c) LAND MANAGEMENT.—
(1) IN GENERAL.—The Secretary may provide planning,
financial, and technical assistance to local municipalities and
nonprofit organizations to assist in the implementation of
actions to protect the natural and historic resources of the
river segments.
(2) PLAN REQUIREMENTS.—After adoption of recommendations made in section IV of the management plan, the zoning
ordinances of the municipalities bordering the segments shall
be considered to satisfy the standards and requirements under
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(d) DESIGNATION OF ADDITIONAL RIVER SEGMENT.—
(1) FINDING.—Congress finds that the additional river segment is suitable for designation as a recreational river if the
Secretary determines that there is adequate local support for
the designation of the additional river segment in accordance
with paragraph (3).
(2) DESIGNATION AND ADMINISTRATION.—If the Secretary
determines that there is adequate local support for designating
the additional river segment as a recreational river—
(A) the Secretary shall publish in the Federal Register
notice of the designation of the segment;
(B) the segment shall be designated as a recreational
river in accordance with the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.); and
(C) the Secretary shall administer the additional river
segment as a recreational river.
(3) CRITERIA FOR LOCAL SUPPORT.—In determining whether
there is adequate local support for the designation of the additional river segment, the Secretary shall consider the preferences of local governments expressed in resolutions concerning designation of the additional river segment.
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Federal Register,
publication.
Notice.
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120 STAT. 3366
PUBLIC LAW 109–452—DEC. 22, 2006
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
Act and the amendments made by this Act.
Approved December 22, 2006.
LEGISLATIVE HISTORY—S. 1096 (H.R. 1307):
HOUSE REPORTS: No. 109–427 accompanying H.R. 1307 (Comm. on Resources).
SENATE REPORTS: No. 109–193 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Dec. 16, considered and passed Senate.
Vol. 152 (2006): Dec. 8, considered and passed House.
Æ
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PUBLIC LAW 110–229—MAY 8, 2008
122 STAT. 797
Clark Interpretive Trail and Visitor Center Foundation, Inc. shall
convey lands back to the Secretary without consideration.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) or the conveyance, if any,
under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. Through a written agreement
with the Foundation, the National Park Service shall ensure that
the operation of the land conveyed under subsection (a) is in accordance with National Park Service standards for preservation, maintenance, and interpretation.
(f) AUTHORIZATION OF APPROPRIATIONS.—To assist with the
operation of the historic site and interpretive center, there is authorized to be appropriated $150,000 per year for a period not to
exceed 10 years.
SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC TRAIL EXTENSION.
Contracts.
State listing.
(a) DEFINITIONS.—In this section:
(1) EASTERN LEGACY SITES.—The term ‘‘Eastern Legacy
sites’’ means the sites associated with the preparation or return
phases of the Lewis and Clark expedition, commonly known
as the ‘‘Eastern Legacy’’, including sites in Virginia, the District
of Columbia, Maryland, Delaware, Pennsylvania, West Virginia,
Ohio, Kentucky, Tennessee, Indiana, Missouri, and Illinois. This
includes the routes followed by Meriwether Lewis and William
Clark, whether independently or together.
(2) TRAIL.—The term ‘‘Trail’’ means the Lewis and Clark
National Historic Trail designated by section 5(a)(6) of the
National Trails System Act (16 U.S.C. 1244(a)(6)).
(b) SPECIAL RESOURCE STUDY.—
(1) IN GENERAL.—The Secretary shall complete a special
resource study of the Eastern Legacy sites to determine—
(A) the suitability and feasibility of adding these sites
to the Trail; and
(B) the methods and means for the protection and
interpretation of these sites by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(2) STUDY REQUIREMENTS.—
(A) IN GENERAL.—The Secretary shall conduct the
study in accordance with section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b)).
(B) IMPACT ON TOURISM.—In conducting the study, the
Secretary shall analyze the potential impact that the inclusion of the Eastern Legacy sites is likely to have on tourist
visitation to the western portion of the trail.
(c) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing—
(1) the results of the study; and
(2) any recommendations of the Secretary.
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SEC. 344. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) FINDINGS.—Congress finds the following:
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122 STAT. 798
PUBLIC LAW 110–229—MAY 8, 2008
(1) The Eightmile River Wild and Scenic River Study Act
of 2001 (Public Law 107–65; 115 Stat. 484) authorized the
study of the Eightmile River in the State of Connecticut from
its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and
Scenic Rivers System.
(2) The segments of the Eightmile River covered by the
study are in a free-flowing condition, and the outstanding
resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and
natural communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee
has determined that—
(A) the outstanding resource values of these river segments depend on sustaining the integrity and quality of
the Eightmile River watershed;
(B) these resource values are manifest within the entire
watershed; and
(C) the watershed as a whole, including its protection,
is itself intrinsically important to this designation.
(4) The Eightmile River Wild and Scenic Study Committee
took a watershed approach in studying and recommending
management options for the river segments and the Eightmile
River watershed as a whole.
(5) During the study, the Eightmile River Wild and Scenic
Study Committee, with assistance from the National Park
Service, prepared a comprehensive management plan for the
Eightmile River watershed, dated December 8, 2005 (in this
section referred to as the ‘‘Eightmile River Watershed Management Plan’’), which establishes objectives, standards, and action
programs that will ensure long-term protection of the outstanding values of the river and compatible management of
the land and water resources of the Eightmile River and its
watershed, without Federal management of affected lands not
owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee
voted in favor of inclusion of the Eightmile River in the National
Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed
Management Plan.
(7) The residents of the towns lying along the Eightmile
River and comprising most of its watershed (Salem, East
Haddam, and Lyme, Connecticut), as well as the Boards of
Selectmen and Land Use Commissions of these towns, voted
to endorse the Eightmile River Watershed Management Plan
and to seek designation of the river as a component of the
National Wild and Scenic Rivers System.
(8) The State of Connecticut General Assembly enacted
Public Act 05–18 to endorse the Eightmile River Watershed
Management Plan and to seek designation of the river as
a component of the National Wild and Scenic Rivers System.
(b) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended—
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating
to the White Salmon River, Washington, as paragraph (167);
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PUBLIC LAW 110–229—MAY 8, 2008
122 STAT. 799
(3) by designating the undesignated paragraph relating
to the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
‘‘(170) EIGHTMILE RIVER, CONNECTICUT.—Segments of the main
stem and specified tributaries of the Eightmile River in the State
of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows:
‘‘(A) The entire 10.8-mile segment of the main stem,
starting at its confluence with Lake Hayward Brook to its
confluence with the Connecticut River at the mouth of Hamburg
Cove, as a scenic river.
‘‘(B) The 8.0-mile segment of the East Branch of the
Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic
river.
‘‘(C) The 3.9-mile segment of Harris Brook starting with
the confluence of an unnamed stream lying 0.74 miles due
east of the intersection of Hartford Road (State Route 85)
and Round Hill Road to its confluence with the East Branch
of the Eightmile River, as a scenic river.
‘‘(D) The 1.9-mile segment of Beaver Brook starting at
its confluence with Cedar Pond Brook to its confluence with
the main stem of the Eightmile River, as a scenic river.
‘‘(E) The 0.7-mile segment of Falls Brook from its confluence
with Tisdale Brook to its confluence with the main stem of
the Eightmile River at Hamburg Cove, as a scenic river.’’.
(c) MANAGEMENT.—The segments of the main stem and certain
tributaries of the Eightmile River in the State of Connecticut designated as components of the National Wild and Scenic Rivers
System by the amendment made by subsection (b) (in this section
referred to as the ‘‘Eightmile River’’) shall be managed in accordance
with the Eightmile River Watershed Management Plan and such
amendments to the plan as the Secretary of the Interior determines
are consistent with this section. The Eightmile River Watershed
Management Plan is deemed to satisfy the requirements for a
comprehensive management plan required by section 3(d) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(d) COMMITTEE.—The Secretary of the Interior shall coordinate
the management responsibilities of the Secretary with regard to
the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management
Plan.
(e) COOPERATIVE AGREEMENTS.—In order to provide for the
long-term protection, preservation, and enhancement of the
Eightmile River, the Secretary of the Interior may enter into
cooperative agreements pursuant to sections 10(e) and 11(b)(1) of
the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1))
with the State of Connecticut, the towns of Salem, Lyme, and
East Haddam, Connecticut, and appropriate local planning and
environmental organizations. All cooperative agreements authorized
by this subsection shall be consistent with the Eightmile River
Watershed Management Plan and may include provisions for financial or other assistance from the United States.
(f) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)),
the Eightmile River shall not be administered as part of the
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note.
16 USC 1274
note.
16 USC 1274
note.
16 USC 1274
note.
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16 USC 1274
note.
16 USC 1274
note.
PUBLIC LAW 110–229—MAY 8, 2008
National Park System or be subject to regulations which govern
the National Park System.
(g) LAND MANAGEMENT.—The zoning ordinances adopted by
the towns of Salem, East Haddam, and Lyme, Connecticut, in
effect as of December 8, 2005, including provisions for conservation
of floodplains, wetlands, and watercourses associated with the segments, are deemed to satisfy the standards and requirements of
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277
(c)). For the purpose of section 6(c) of that Act, such towns shall
be deemed ‘‘villages’’ and the provisions of that section, which
prohibit Federal acquisition of lands by condemnation, shall apply
to the segments designated by subsection (b). The authority of
the Secretary to acquire lands for the purposes of this section
shall be limited to acquisition by donation or acquisition with the
consent of the owner thereof, and shall be subject to the additional
criteria set forth in the Eightmile River Watershed Management
Plan.
(h) WATERSHED APPROACH.—
(1) IN GENERAL.—In furtherance of the watershed approach
to resource preservation and enhancement articulated in the
Eightmile River Watershed Management Plan, the tributaries
of the Eightmile River watershed specified in paragraph (2)
are recognized as integral to the protection and enhancement
of the Eightmile River and its watershed.
(2) COVERED TRIBUTARIES.—Paragraph (1) applies with
respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar
Pond Brook, Cranberry Meadow Brook, Early Brook, Falls
Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook,
Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook,
Tisdale Brook, Witch Meadow Brook, and all other perennial
streams within the Eightmile River watershed.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section and the amendment made by subsection (b).
Subtitle F—Denali National Park and
Alaska Railroad Exchange
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SEC. 351. DENALI NATIONAL PARK AND ALASKA RAILROAD CORPORATION EXCHANGE.
(a) DEFINITIONS.—In this section:
(1) CORPORATION.—The term ‘‘Corporation’’ means the
Alaska Railroad Corporation owned by the State of Alaska.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) EXCHANGE.—
(1) IN GENERAL.—
(A) EASEMENT EXPANDED.—The Secretary is authorized
to grant to the Alaska Railroad Corporation an exclusiveuse easement on land that is identified by the Secretary
within Denali National Park for the purpose of providing
a location to the Corporation for construction, maintenance,
and on-going operation of track and associated support
facilities for turning railroad trains around near Denali
Park Station.
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(1) IN GENERAL.—As provided in the Oregon Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), Congress
does not intend for designation of wilderness areas in the
State under this section to lead to the creation of protective
perimeters or buffer zones around each wilderness area.
(2) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.
(g) FISH AND WILDLIFE.—Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish
and wildlife.
(h) FIRE, INSECTS, AND DISEASES.—As provided in section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness
areas designated by this section, the Secretary that has jurisdiction
over the land within the wilderness (referred to in this subsection
as the ‘‘Secretary’’) may take such measures as are necessary to
control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate.
(i) WITHDRAWAL.—Subject to valid rights in existence on the
date of enactment of this Act, the Federal land designated as
wilderness by this section is withdrawn from all forms of—
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws;
and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
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SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
PROTECTION IN THE MOUNT HOOD AREA.
(a) WILD AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD
NATIONAL FOREST.—
(1) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
‘‘(171) SOUTH FORK CLACKAMAS RIVER, OREGON.—The 4.2mile segment of the South Fork Clackamas River from its
confluence with the East Fork of the South Fork Clackamas
to its confluence with the Clackamas River, to be administered
by the Secretary of Agriculture as a wild river.
‘‘(172) EAGLE CREEK, OREGON.—The 8.3-mile segment of
Eagle Creek from its headwaters to the Mount Hood National
Forest boundary, to be administered by the Secretary of Agriculture as a wild river.
‘‘(173) MIDDLE FORK HOOD RIVER.—The 3.7-mile segment
of the Middle Fork Hood River from the confluence of Clear
and Coe Branches to the north section line of section 11, township 1 south, range 9 east, to be administered by the Secretary
of Agriculture as a scenic river.
‘‘(174) SOUTH FORK ROARING RIVER, OREGON.—The 4.6-mile
segment of the South Fork Roaring River from its headwaters
to its confluence with Roaring River, to be administered by
the Secretary of Agriculture as a wild river.
‘‘(175) ZIG ZAG RIVER, OREGON.—The 4.3-mile segment of
the Zig Zag River from its headwaters to the Mount Hood
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PUBLIC LAW 111–11—MAR. 30, 2009
Wilderness boundary, to be administered by the Secretary of
Agriculture as a wild river.
‘‘(176) FIFTEENMILE CREEK, OREGON.—
‘‘(A) IN GENERAL.—The 11.1-mile segment of
Fifteenmile Creek from its source at Senecal Spring to
the southern edge of the northwest quarter of the northwest
quarter of section 20, township 2 south, range 12 east,
to be administered by the Secretary of Agriculture in the
following classes:
‘‘(i) The 2.6-mile segment from its source at Senecal
Spring to the Badger Creek Wilderness boundary, as
a wild river.
‘‘(ii) The 0.4-mile segment from the Badger Creek
Wilderness boundary to the point 0.4 miles downstream, as a scenic river.
‘‘(iii) The 7.9-mile segment from the point 0.4 miles
downstream of the Badger Creek Wilderness boundary
to the western edge of section 20, township 2 south,
range 12 east as a wild river.
‘‘(iv) The 0.2-mile segment from the western edge
of section 20, township 2 south, range 12 east, to
the southern edge of the northwest quarter of the
northwest quarter of section 20, township 2 south,
range 12 east as a scenic river.
‘‘(B) INCLUSIONS.—Notwithstanding section 3(b), the
lateral boundaries of both the wild river area and the
scenic river area along Fifteenmile Creek shall include
an average of not more than 640 acres per mile measured
from the ordinary high water mark on both sides of the
river.
‘‘(177) EAST FORK HOOD RIVER, OREGON.—The 13.5-mile
segment of the East Fork Hood River from Oregon State Highway 35 to the Mount Hood National Forest boundary, to be
administered by the Secretary of Agriculture as a recreational
river.
‘‘(178) COLLAWASH RIVER, OREGON.—The 17.8-mile segment
of the Collawash River from the headwaters of the East Fork
Collawash to the confluence of the mainstream of the Collawash
River with the Clackamas River, to be administered by the
Secretary of Agriculture in the following classes:
‘‘(A) The 11.0-mile segment from the headwaters of
the East Fork Collawash River to Buckeye Creek, as a
scenic river.
‘‘(B) The 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
‘‘(179) FISH CREEK, OREGON.—The 13.5-mile segment of
Fish Creek from its headwaters to the confluence with the
Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.’’.
(2) EFFECT.—The amendments made by paragraph (1) do
not affect valid existing water rights.
(b) PROTECTION FOR HOOD RIVER, OREGON.—Section 13(a)(4)
of the ‘‘Columbia River Gorge National Scenic Area Act’’ (16 U.S.C.
544k(a)(4)) is amended by striking ‘‘for a period not to exceed
twenty years from the date of enactment of this Act,’’.
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER,
OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘19-mile segment’’ and inserting ‘‘29-mile segment’’;
(2) in subparagraph (A), by striking ‘‘; and’’ and inserting
a period; and
(3) by striking subparagraph (B) and inserting the following:
‘‘(B)(i) The approximately 0.6-mile segment of the
North Fork Elk from its source in sec. 21, T. 33 S., R.
12 W., Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic river.
‘‘(ii) The approximately 5.5-mile segment of the North
Fork Elk from 0.01 miles below Forest Service Road 3353
to its confluence with the South Fork Elk, as a wild river.
‘‘(C)(i) The approximately 0.9-mile segment of the
South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as
a scenic river.
‘‘(ii) The approximately 4.2-mile segment of the South
Fork Elk from 0.01 miles below Forest Service Road 3353
to its confluence with the North Fork Elk, as a wild river.’’.
SEC. 1303. PROTECTION OF TRIBAL RIGHTS.
(a) IN GENERAL.—Nothing in this subtitle shall be construed
as diminishing any right of any Indian tribe.
(b) MEMORANDUM OF UNDERSTANDING.—The Secretary shall
seek to enter into a memorandum of understanding with the
Coquille Indian Tribe regarding access to the Copper Salmon
Wilderness to conduct historical and cultural activities.
16 USC 1274
note.
Subtitle E—Cascade-Siskiyou National
Monument, Oregon
16 USC 431 note.
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SEC. 1401. DEFINITIONS.
In this subtitle:
(1) BOX R RANCH LAND EXCHANGE MAP.—The term ‘‘Box
R Ranch land exchange map’’ means the map entitled ‘‘Proposed
Rowlett Land Exchange’’ and dated June 13, 2006.
(2) BUREAU OF LAND MANAGEMENT LAND.—The term
‘‘Bureau of Land Management land’’ means the approximately
40 acres of land administered by the Bureau of Land Management identified as ‘‘Rowlett Selected’’, as generally depicted
on the Box R Ranch land exchange map.
(3) DEERFIELD LAND EXCHANGE MAP.—The term ‘‘Deerfield
land exchange map’’ means the map entitled ‘‘Proposed Deerfield-BLM Property Line Adjustment’’ and dated May 1, 2008.
(4) DEERFIELD PARCEL.—The term ‘‘Deerfield parcel’’ means
the approximately 1.5 acres of land identified as ‘‘From Deerfield to BLM’’, as generally depicted on the Deerfield land
exchange map.
(5) FEDERAL PARCEL.—The term ‘‘Federal parcel’’ means
the approximately 1.3 acres of land administered by the Bureau
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reservation by the United States of any water or water
rights for wilderness purposes with respect to such areas.
(B) EXCLUSIONS.—This paragraph does not apply to
any components of the National Wild and Scenic Rivers
System designated by section 1504.
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SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is
amended by adding at the end the following:
‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 miles of Battle
Creek from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 miles of Big
Jacks Creek from the downstream border of the Big Jacks
Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point
at which it enters the NW 1⁄4 of sec. 26, T. 10 S., R. 2 E.,
Boise Meridian, to be administered by the Secretary of the
Interior as a wild river.
‘‘(182) BRUNEAU RIVER, IDAHO.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the 39.3-mile segment of the Bruneau River from the
downstream boundary of the Bruneau-Jarbidge Wilderness
to the upstream confluence with the west fork of the
Bruneau River, to be administered by the Secretary of
the Interior as a wild river.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
the 0.6-mile segment of the Bruneau River at the Indian
Hot Springs public road access shall be administered by
the Secretary of the Interior as a recreational river.
‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.—The approximately 0.35 miles of the West Fork of the Bruneau River
from the confluence with the Jarbidge River to the downstream
boundary of the Bruneau Canyon Grazing Allotment in the
SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be
administered by the Secretary of the Interior as a wild river.
‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 miles of
Cottonwood Creek from the confluence with Big Jacks Creek
to the upstream boundary of the Big Jacks Creek Wilderness,
to be administered by the Secretary of the Interior as a wild
river.
‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile segment of Deep
Creek from the confluence with the Owyhee River to the
upstream boundary of the Owyhee River Wilderness in sec.
30, T. 12 S., R. 2 W., Boise Meridian, to be administered
by the Secretary of the Interior as a wild river.
‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek to
a point on the stream 1⁄4 mile due west of the east boundary
of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered
by the Secretary of the Interior as a wild river.
‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile segment of
Duncan Creek from the confluence with Big Jacks Creek
upstream to the east boundary of sec. 18, T. 10 S., R. 4 E.,
Boise Meridian, to be administered by the Secretary of the
Interior as a wild river.
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PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 miles of the
Jarbidge River from the confluence with the West Fork Bruneau
River to the upstream boundary of the Bruneau-Jarbidge Rivers
Wilderness, to be administered by the Secretary of the Interior
as a wild river.
‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 miles of Little
Jacks Creek from the downstream boundary of the Little Jacks
Creek Wilderness, upstream to the mouth of OX Prong Creek,
to be administered by the Secretary of the Interior as a wild
river.
‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.—The following
segments of the North Fork of the Owyhee River, to be administered by the Secretary of the Interior:
‘‘(A) The 5.7-mile segment from the Idaho-Oregon State
border to the upstream boundary of the private land at
the Juniper Mt. Road crossing, as a recreational river.
‘‘(B) The 15.1-mile segment from the upstream
boundary of the North Fork Owyhee River recreational
segment designated in paragraph (A) to the upstream
boundary of the North Fork Owyhee River Wilderness,
as a wild river.
‘‘(191) OWYHEE RIVER, IDAHO.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
67.3 miles of the Owyhee River from the Idaho-Oregon
State border to the upstream boundary of the Owyhee
River Wilderness, to be administered by the Secretary of
the Interior as a wild river.
‘‘(B) ACCESS.—The Secretary of the Interior shall allow
for continued access across the Owyhee River at Crutchers
Crossing, subject to such terms and conditions as the Secretary of the Interior determines to be necessary.
‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of Red Canyon
from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles of Sheep
Creek from the confluence with the Bruneau River to the
upstream boundary of the Bruneau-Jarbidge Rivers Wilderness,
to be administered by the Secretary of the Interior as a wild
river.
‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the 31.4-mile segment of the South Fork of the Owyhee
River upstream from the confluence with the Owyhee River
to the upstream boundary of the Owyhee River Wilderness
at the Idaho–Nevada State border, to be administered by
the Secretary of the Interior as a wild river.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
the 1.2-mile segment of the South Fork of the Owyhee
River from the point at which the river enters the southernmost boundary to the point at which the river exits the
northernmost boundary of private land in sec. 25 and 26,
T. 14 S., R. 5 W., Boise Meridian, shall be administered
by the Secretary of the Interior as a recreational river.
‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 miles of
Wickahoney Creek from the confluence of Big Jacks Creek
to the upstream boundary of the Big Jacks Creek Wilderness,
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to be administered by the Secretary of the Interior as a wild
river.’’.
(b) BOUNDARIES.—Notwithstanding section 3(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river
segment designated as a component of the National Wild and Scenic
Rivers System under this subtitle shall extend not more than the
shorter of—
(1) an average distance of 1⁄4 mile from the high water
mark on both sides of the river segment; or
(2) the distance to the nearest confined canyon rim.
(c) LAND ACQUISITION.—The Secretary shall not acquire any
private land within the exterior boundary of a wild and scenic
river corridor without the consent of the owner.
16 USC 1274
note.
16 USC 1274
note.
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SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.
(a) IN GENERAL.—Consistent with applicable law, the Secretary
may sell public land located within the Boise District of the Bureau
of Land Management that, as of July 25, 2000, has been identified
for disposal in appropriate resource management plans.
(b) USE OF PROCEEDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law (other than a law that specifically provides for a proportion
of the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury of the United States to be known as the ‘‘Owyhee
Land Acquisition Account’’.
(2) AVAILABILITY.—
(A) IN GENERAL.—Amounts in the account shall be
available to the Secretary, without further appropriation,
to purchase land or interests in land in, or adjacent to,
the wilderness areas designated by this subtitle, including
land identified as ‘‘Proposed for Acquisition’’ on the maps
described in section 1503(a)(1).
(B) APPLICABLE LAW.—Any purchase of land or interest
in land under subparagraph (A) shall be in accordance
with applicable law.
(3) APPLICABILITY.—This subsection applies to public land
within the Boise District of the Bureau of Land Management
sold on or after January 1, 2008.
(4) ADDITIONAL AMOUNTS.—If necessary, the Secretary may
use additional amounts appropriated to the Department of the
Interior, subject to applicable reprogramming guidelines.
(c) TERMINATION OF AUTHORITY.—
(1) IN GENERAL.—The authority provided under this section
terminates on the earlier of—
(A) the date that is 10 years after the date of enactment
of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) AVAILABILITY OF AMOUNTS.—Any amounts remaining
in the account on the termination of authority under this section
shall be—
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
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(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(k) OUTFITTER AND GUIDE USE.—Outfitter and guide activities
conducted under permits issued by the Forest Service on the additions to the John Muir, Ansel Adams, and Hoover wilderness areas
designated by this subtitle shall be in addition to any existing
limits established for the John Muir, Ansel Adams, and Hoover
wilderness areas.
(l) TRANSFER TO THE FOREST SERVICE.—
(1) WHITE MOUNTAINS WILDERNESS.—Administrative jurisdiction over the approximately 946 acres of land identified
as ‘‘Transfer of Administrative Jurisdiction from BLM to FS’’
on the maps described in section 1802(5)(B) is transferred from
the Bureau of Land Management to the Forest Service to
be managed as part of the White Mountains Wilderness.
(2) JOHN MUIR WILDERNESS.—Administrative jurisdiction
over the approximately 143 acres of land identified as ‘‘Transfer
of Administrative Jurisdiction from BLM to FS’’ on the maps
described in section 1802(3)(B) is transferred from the Bureau
of Land Management to the Forest Service to be managed
as part of the John Muir Wilderness.
(m) TRANSFER TO THE BUREAU OF LAND MANAGEMENT.—
Administrative jurisdiction over the approximately 3,010 acres of
land identified as ‘‘Land from FS to BLM’’ on the maps described
in section 1802(6) is transferred from the Forest Service to the
Bureau of Land Management to be managed as part of the Granite
Mountain Wilderness.
SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.
(a) FINDING.—Congress finds that, for purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782), any portion of a wilderness study area described in subsection
(b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date
of enactment of this Act has been adequately studied for wilderness.
(b) DESCRIPTION OF STUDY AREAS.—The study areas referred
to in subsection (a) are—
(1) the Masonic Mountain Wilderness Study Area;
(2) the Mormon Meadow Wilderness Study Area;
(3) the Walford Springs Wilderness Study Area; and
(4) the Granite Mountain Wilderness Study Area.
(c) RELEASE.—Any portion of a wilderness study area described
in subsection (b) that is not designated as a wilderness area or
wilderness addition by this subtitle or any other Act enacted before
the date of enactment of this Act shall not be subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
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SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is amended
by adding at the end the following:
‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The following segments of the Amargosa River in the State of California, to
be administered by the Secretary of the Interior:
‘‘(A) The approximately 4.1-mile segment of the
Amargosa River from the northern boundary of sec. 7,
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PUBLIC LAW 111–11—MAR. 30, 2009
T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa
Hot Springs road crossing, as a scenic river.
‘‘(B) The approximately 8-mile segment of the
Amargosa River from 100 feet downstream of the Tecopa
Hot Springs Road crossing to 100 feet upstream of the
Old Spanish Trail Highway crossing near Tecopa, as a
scenic river.
‘‘(C) The approximately 7.9-mile segment of the
Amargosa River from the northern boundary of sec. 16,
T. 20 N., R. 7 E., to .25 miles upstream of the confluence
with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a
wild river.
‘‘(D) The approximately 4.9-mile segment of the
Amargosa River from .25 miles upstream of the confluence
with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100
feet upstream of the Dumont Dunes access road crossing
in sec. 32, T. 19 N., R. 7 E., as a recreational river.
‘‘(E) The approximately 1.4-mile segment of the
Amargosa River from 100 feet downstream of the Dumont
Dunes access road crossing in sec. 32, T. 19 N., R. 7
E., as a recreational river.
‘‘(197) OWENS RIVER HEADWATERS, CALIFORNIA.—The following segments of the Owens River in the State of California,
to be administered by the Secretary of Agriculture:
‘‘(A) The 2.3-mile segment of Deadman Creek from
the 2-forked source east of San Joaquin Peak to the confluence with the unnamed tributary flowing north into
Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a
wild river.
‘‘(B) The 2.3-mile segment of Deadman Creek from
the unnamed tributary confluence in sec. 12, T. 3 S., R.
26 E., to the Road 3S22 crossing, as a scenic river.
‘‘(C) The 4.1-mile segment of Deadman Creek from
the Road 3S22 crossing to .25 miles downstream of the
Highway 395 crossing, as a recreational river.
‘‘(D) The 3-mile segment of Deadman Creek from .25
miles downstream of the Highway 395 crossing to 100
feet upstream of Big Springs, as a scenic river.
‘‘(E) The 1-mile segment of the Upper Owens River
from 100 feet upstream of Big Springs to the private property boundary in sec. 19, T. 2 S., R. 28 E., as a recreational
river.
‘‘(F) The 4-mile segment of Glass Creek from its 2forked source to 100 feet upstream of the Glass Creek
Meadow Trailhead parking area in sec. 29, T. 2 S., R.27
E., as a wild river.
‘‘(G) The 1.3-mile segment of Glass Creek from 100
feet upstream of the trailhead parking area in sec. 29
to the end of Glass Creek Road in sec. 21, T. 2 S., R.
27 E., as a scenic river.
‘‘(H) The 1.1-mile segment of Glass Creek from the
end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E.,
to the confluence with Deadman Creek, as a recreational
river.
‘‘(198) COTTONWOOD CREEK, CALIFORNIA.—The following
segments of Cottonwood Creek in the State of California:
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‘‘(A) The 17.4-mile segment from its headwaters at
the spring in sec. 27, T 4 S., R. 34 E., to the Inyo National
Forest boundary at the east section line of sec 3, T. 6
S., R. 36 E., as a wild river to be administered by the
Secretary of Agriculture.
‘‘(B) The 4.1-mile segment from the Inyo National
Forest boundary to the northern boundary of sec. 5, T.4
S., R. 34 E., as a recreational river, to be administered
by the Secretary of the Interior.
‘‘(199) PIRU CREEK, CALIFORNIA.—The following segments
of Piru Creek in the State of California, to be administered
by the Secretary of Agriculture:
‘‘(A) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing
to the boundary of the Sespe Wilderness, as a recreational
river.
‘‘(B) The 4.25-mile segment from the boundary of the
Sespe Wilderness to the boundary between Los Angeles
and Ventura Counties, as a wild river.’’.
(b) EFFECT.—The designation of Piru Creek under subsection
(a) shall not affect valid rights in existence on the date of enactment
of this Act.
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SEC. 1806. BRIDGEPORT WINTER RECREATION AREA.
16 USC 1274
note.
16 USC 460vvv.
(a) DESIGNATION.—The approximately 7,254 acres of land in
the Humboldt-Toiyabe National Forest identified as the ‘‘Bridgeport
Winter Recreation Area’’, as generally depicted on the map entitled
‘‘Humboldt-Toiyabe National Forest Proposed Management’’ and
dated September 17, 2008, is designated as the Bridgeport Winter
Recreation Area.
(b) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
legal description of the Recreation Area with—
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(c) MANAGEMENT.—
(1) INTERIM MANAGEMENT.—Until completion of the
management plan required under subsection (d), and except
as provided in paragraph (2), the Recreation Area shall be
managed in accordance with the Toiyabe National Forest Land
and Resource Management Plan of 1986 (as in effect on the
day of enactment of this Act).
(2) USE OF SNOWMOBILES.—The winter use of snowmobiles
shall be allowed in the Recreation Area—
(A) during periods of adequate snow coverage during
the winter season; and
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(A) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
section;
(B) the designation of new units of special airspace
over the wilderness areas or wilderness additions designated by this section; or
(C) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated by this section.
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SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE
COUNTY, CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1805) is amended by adding at
the end the following new paragraphs:
‘‘(200) NORTH FORK SAN JACINTO RIVER, CALIFORNIA.—The following segments of the North Fork San Jacinto River in the State
of California, to be administered by the Secretary of Agriculture:
‘‘(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto
State Park to the State Park boundary, as a wild river.
‘‘(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian,
as a scenic river.
‘‘(C) The 0.68-mile segment from the Lawler Park boundary
to its confluence with Fuller Mill Creek, as a recreational
river.
‘‘(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing,
as a wild river.
‘‘(E) The 0.6-mile segment from .25 miles upstream of the
5S09 road crossing to its confluence with Stone Creek, as a
scenic river.
‘‘(F) The 2.91-mile segment from the Stone Creek confluence to the northern boundary of section 17, township 5
south, range 2 east, San Bernardino meridian, as a wild river.
‘‘(201) FULLER MILL CREEK, CALIFORNIA.—The following segments of Fuller Mill Creek in the State of California, to be administered by the Secretary of Agriculture:
‘‘(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
‘‘(B) The 0.9-mile segment in the Pine Wood property, as
a recreational river.
‘‘(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork
San Jacinto River, as a scenic river.
‘‘(202) PALM CANYON CREEK, CALIFORNIA.—The 8.1-mile segment of Palm Canyon Creek in the State of California from the
southern boundary of section 6, township 7 south, range 5 east,
San Bernardino meridian, to the San Bernardino National Forest
boundary in section 1, township 6 south, range 4 east, San
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PUBLIC LAW 111–11—MAR. 30, 2009
Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the Secretary shall enter into a cooperative management agreement with the Agua Caliente Band of
Cahuilla Indians to protect and enhance river values.
‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 9.8-mile segment
of Bautista Creek in the State of California from the San Bernardino
National Forest boundary in section 36, township 6 south, range
2 east, San Bernardino meridian, to the San Bernardino National
Forest boundary in section 2, township 6 south, range 1 east,
San Bernardino meridian, to be administered by the Secretary
of Agriculture as a recreational river.’’.
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA
AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT.
(a) BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO
MOUNTAINS NATIONAL MONUMENT.—Section 2 of the Santa Rosa
and San Jacinto Mountains National Monument Act of 2000 (Public
Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended
by adding at the end the following new subsection:
‘‘(e) EXPANSION OF BOUNDARIES.—In addition to the land
described in subsection (c), the boundaries of the National Monument shall include the following lands identified as additions to
the National Monument on the map titled ‘Santa Rosa-San Jacinto
National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2008:
‘‘(1) The ‘Santa Rosa Peak Area Monument Expansion’.
‘‘(2) The ‘Snow Creek Area Monument Expansion’.
‘‘(3) The ‘Tahquitz Peak Area Monument Expansion’.
‘‘(4) The ‘Southeast Area Monument Expansion’, which is
designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed part of, the Santa Rosa
Wilderness.’’.
(b) TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000.—Section
7(d) of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C.
431 note) is amended by striking ‘‘eight’’ and inserting ‘‘a majority
of the appointed’’.
Subtitle M—Sequoia and Kings Canyon
National Parks Wilderness, California
SEC. 1901. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) STATE.—The term ‘‘State’’ means the State of California.
SEC. 1902. DESIGNATION OF WILDERNESS AREAS.
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16 USC 1132
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In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as wilderness
areas and as components of the National Wilderness Preservation
System:
(1) JOHN KREBS WILDERNESS.—
(A) DESIGNATION.—Certain land in Sequoia and Kings
Canyon National Parks, comprising approximately 39,740
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123 STAT. 1085
(f) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land or interest in land that is located in the National Conservation
Area that is acquired by the United States shall—
(1) become part of the National Conservation Area; and
(2) be managed in accordance with—
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) WITHDRAWAL.—
(1) IN GENERAL.—Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from—
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patenting under the mining
laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) ADDITIONAL LAND.—If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the date
of acquisition of the land.
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SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION.
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended
by adding at the end the following:
‘‘(204) ZION NATIONAL PARK, UTAH.—The approximately
165.5 miles of segments of the Virgin River and tributaries
of the Virgin River across Federal land within and adjacent
to Zion National Park, as generally depicted on the map entitled
‘Wild and Scenic River Segments Zion National Park and
Bureau of Land Management’ and dated April 2008, to be
administered by the Secretary of the Interior in the following
classifications:
‘‘(A) TAYLOR CREEK.—The 4.5-mile segment from the
junction of the north, middle, and south forks of Taylor
Creek, west to the park boundary and adjacent land rimto-rim, as a scenic river.
‘‘(B) NORTH FORK OF TAYLOR CREEK.—The segment
from the head of North Fork to the junction with Taylor
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The segment
from the head of Middle Fork on Bureau of Land Management land to the junction with Taylor Creek and adjacent
land rim-to-rim, as a wild river.
‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The segment
from the head of South Fork to the junction with Taylor
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(E) TIMBER CREEK AND TRIBUTARIES.—The 3.1-mile
segment from the head of Timber Creek and tributaries
of Timber Creek to the junction with LaVerkin Creek and
adjacent land rim-to-rim, as a wild river.
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123 STAT. 1086
PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(F) LAVERKIN CREEK.—The 16.1-mile segment beginning in T. 38 S., R. 11 W., sec. 21, on Bureau of Land
Management land, southwest through Zion National Park,
and ending at the south end of T. 40 S., R. 12 W., sec.
7, and adjacent land 1⁄2-mile wide, as a wild river.
‘‘(G) WILLIS CREEK.—The 1.9-mile segment beginning
on Bureau of Land Management land in the SWSW sec.
27, T. 38 S., R. 11 W., to the junction with LaVerkin
Creek in Zion National Park and adjacent land rim-torim, as a wild river.
‘‘(H) BEARTRAP CANYON.—The 2.3-mile segment beginning on Bureau of Management land in the SWNW sec.
3, T. 39 S., R. 11 W., to the junction with LaVerkin Creek
and the segment from the headwaters north of Long Point
to the junction with LaVerkin Creek and adjacent land
rim-to-rim, as a wild river.
‘‘(I) HOP VALLEY CREEK.—The 3.3-mile segment beginning at the southern boundary of T. 39 S., R. 11 W.,
sec. 20, to the junction with LaVerkin Creek and adjacent
land 1⁄2-mile wide, as a wild river.
‘‘(J) CURRENT CREEK.—The 1.4-mile segment from the
head of Current Creek to the junction with LaVerkin Creek
and adjacent land rim-to-rim, as a wild river.
‘‘(K) CANE CREEK.—The 0.6-mile segment from the
head of Smith Creek to the junction with LaVerkin Creek
and adjacent land 1⁄2-mile wide, as a wild river.
‘‘(L) SMITH CREEK.—The 1.3-mile segment from the
head of Smith Creek to the junction with LaVerkin Creek
and adjacent land 1⁄2-mile wide, as a wild river.
‘‘(M) NORTH CREEK LEFT AND RIGHT FORKS.—The segment of the Left Fork from the junction with Wildcat
Canyon to the junction with Right Fork, from the head
of Right Fork to the junction with Left Fork, and from
the junction of the Left and Right Forks southwest to
Zion National Park boundary and adjacent land rim-torim, as a wild river.
‘‘(N) WILDCAT CANYON (BLUE CREEK).—The segment of
Blue Creek from the Zion National Park boundary to the
junction with the Right Fork of North Creek and adjacent
land rim-to-rim, as a wild river.
‘‘(O) LITTLE CREEK.—The segment beginning at the
head of Little Creek to the junction with the Left Fork
of North Creek and adjacent land 1⁄2-mile wide, as a wild
river.
‘‘(P) RUSSELL GULCH.—The segment from the head of
Russell Gulch to the junction with the Left Fork of North
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(Q) GRAPEVINE WASH.—The 2.6-mile segment from the
Lower Kolob Plateau to the junction with the Left Fork
of North Creek and adjacent land rim-to-rim, as a scenic
river.
‘‘(R) PINE SPRING WASH.—The 4.6-mile segment to the
junction with the left fork of North Creek and adjacent
land 1⁄2-mile, as a scenic river.
‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile segment from
the head of Wolf Springs Wash to the junction with Pine
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1087
Spring Wash and adjacent land 1⁄2-mile wide, as a scenic
river.
‘‘(T) KOLOB CREEK.—The 5.9-mile segment of Kolob
Creek beginning in T. 39 S., R. 10 W., sec. 30, through
Bureau of Land Management land and Zion National Park
land to the junction with the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
‘‘(U) OAK CREEK.—The 1-mile stretch of Oak Creek
beginning in T. 39 S., R. 10 W., sec. 19, to the junction
with Kolob Creek and adjacent land rim-to-rim, as a wild
river.
‘‘(V) GOOSE CREEK.—The 4.6-mile segment of Goose
Creek from the head of Goose Creek to the junction with
the North Fork of the Virgin River and adjacent land
rim-to-rim, as a wild river.
‘‘(W) DEEP CREEK.—The 5.3-mile segment of Deep
Creek beginning on Bureau of Land Management land
at the northern boundary of T. 39 S., R. 10 W., sec. 23,
south to the junction of the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
‘‘(X) NORTH FORK OF THE VIRGIN RIVER.—The 10.8mile segment of the North Fork of the Virgin River beginning on Bureau of Land Management land at the eastern
border of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava
and adjacent land rim-to-rim, as a wild river.
‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.—The 8-mile
segment of the North Fork of the Virgin River from Temple
of Sinawava south to the Zion National Park boundary
and adjacent land 1⁄2-mile wide, as a recreational river.
‘‘(Z) IMLAY CANYON.—The segment from the head of
Imlay Creek to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
‘‘(AA) ORDERVILLE CANYON.—The segment from the
eastern boundary of Zion National Park to the junction
with the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
‘‘(BB) MYSTERY CANYON.—The segment from the head
of Mystery Canyon to the junction with the North Fork
of the Virgin River and adjacent land rim-to-rim, as a
wild river.
‘‘(CC) ECHO CANYON.—The segment from the eastern
boundary of Zion National Park to the junction with the
North Fork of the Virgin River and adjacent land rimto-rim, as a wild river.
‘‘(DD) BEHUNIN CANYON.—The segment from the head
of Behunin Canyon to the junction with the North Fork
of the Virgin River and adjacent land rim-to-rim, as a
wild river.
‘‘(EE) HEAPS CANYON.—The segment from the head
of Heaps Canyon to the junction with the North Fork
of the Virgin River and adjacent land rim-to-rim, as a
wild river.
‘‘(FF) BIRCH CREEK.—The segment from the head of
Birch Creek to the junction with the North Fork of the
Virgin River and adjacent land 1⁄2-mile wide, as a wild
river.
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16 USC 1274
note.
16 USC 1274
note.
PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(GG) OAK CREEK.—The segment of Oak Creek from
the head of Oak Creek to where the forks join and adjacent
land 1⁄2-mile wide, as a wild river.
‘‘(HH) OAK CREEK.—The 1-mile segment of Oak Creek
from the point at which the 2 forks of Oak Creek join
to the junction with the North Fork of the Virgin River
and adjacent land 1⁄2-mile wide, as a recreational river.
‘‘(II) CLEAR CREEK.—The 6.4-mile segment of Clear
Creek from the eastern boundary of Zion National Park
to the junction with Pine Creek and adjacent land rimto-rim, as a recreational river.
‘‘(JJ) PINE CREEK .—The 2-mile segment of Pine Creek
from the head of Pine Creek to the junction with Clear
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(KK) PINE CREEK.—The 3-mile segment of Pine Creek
from the junction with Clear Creek to the junction with
the North Fork of the Virgin River and adjacent land
rim-to-rim, as a recreational river.
‘‘(LL) EAST FORK OF THE VIRGIN RIVER.—The 8-mile
segment of the East Fork of the Virgin River from the
eastern boundary of Zion National Park through
Parunuweap Canyon to the western boundary of Zion
National Park and adjacent land 1⁄2-mile wide, as a wild
river.
‘‘(MM) SHUNES CREEK.—The 3-mile segment of Shunes
Creek from the dry waterfall on land administered by
the Bureau of Land Management through Zion National
Park to the western boundary of Zion National Park and
adjacent land 1⁄2-mile wide as a wild river.’’.
(b) INCORPORATION OF ACQUIRED NON-FEDERAL LAND.—If the
United States acquires any non-Federal land within or adjacent
to Zion National Park that includes a river segment that is contiguous to a river segment of the Virgin River designated as a wild,
scenic, or recreational river by paragraph (204) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added
by subsection (a)), the acquired river segment shall be incorporated
in, and be administered as part of, the applicable wild, scenic,
or recreational river.
(c) SAVINGS CLAUSE.—The amendment made by subsection (a)
does not affect the agreement among the United States, the State,
the Washington County Water Conservancy District, and the Kane
County Water Conservancy District entitled ‘‘Zion National Park
Water Rights Settlement Agreement’’ and dated December 4, 1996.
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SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
TRANSPORTATION MANAGEMENT PLAN.
(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—
(A) with respect to land managed by the Bureau of
Land Management, the Secretary; and
(B) with respect to land managed by the Forest Service,
the Secretary of Agriculture.
(3) TRAIL.—The term ‘‘trail’’ means the High Desert OffHighway Vehicle Trail designated under subsection (c)(1)(A).
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proposal for not less than 15 years after project implementation
commences.
(h) REPORT.—Not later than 5 years after the first fiscal year
in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter,
the Secretary, in consultation with the Secretary of the Interior,
shall submit a report on the program, including an assessment
of whether, and to what extent, the program is fulfilling the purposes of this title, to—
(1) the Committee on Energy and Natural Resources of
the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
16 USC 7304.
There are authorized to be appropriated to the Secretary and
the Secretary of the Interior such sums as are necessary to carry
out this title.
TITLE V—RIVERS AND TRAILS
Subtitle A—Additions to the National Wild
and Scenic Rivers System
SEC. 5001. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1852) is amended by adding at
the end the following:
‘‘(205) FOSSIL CREEK, ARIZONA.—Approximately 16.8 miles
of Fossil Creek from the confluence of Sand Rock and Calf
Pen Canyons to the confluence with the Verde River, to be
administered by the Secretary of Agriculture in the following
classes:
‘‘(A) The approximately 2.7-mile segment from the confluence of Sand Rock and Calf Pen Canyons to the point
where the segment exits the Fossil Spring Wilderness,
as a wild river.
‘‘(B) The approximately 7.5-mile segment from where
the segment exits the Fossil Creek Wilderness to the
boundary of the Mazatzal Wilderness, as a recreational
river.
‘‘(C) The 6.6-mile segment from the boundary of the
Mazatzal Wilderness downstream to the confluence with
the Verde River, as a wild river.’’.
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SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.
(a) SHORT TITLE.—This section may be cited as the ‘‘Craig
Thomas Snake Headwaters Legacy Act of 2008’’.
(b) FINDINGS; PURPOSES.—
(1) FINDINGS.—Congress finds that—
(A) the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of
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Snake
Headwaters
Legacy Act
of 2008.
16 USC 1271
note.
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freshwater, healthiest native trout fisheries, and most
intact rivers and streams in the lower 48 States;
(B) the rivers and streams of the headwaters of the
Snake River System—
(i) provide unparalleled fishing, hunting, boating,
and other recreational activities for—
(I) local residents; and
(II) millions of visitors from around the world;
and
(ii) are national treasures;
(C) each year, recreational activities on the rivers and
streams of the headwaters of the Snake River System
generate millions of dollars for the economies of—
(i) Teton County, Wyoming; and
(ii) Lincoln County, Wyoming;
(D) to ensure that future generations of citizens of
the United States enjoy the benefits of the rivers and
streams of the headwaters of the Snake River System,
Congress should apply the protections provided by the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those
rivers and streams; and
(E) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify
to the citizens of the United States the importance of
maintaining the outstanding and remarkable qualities of
the Snake River System while—
(i) preserving public access to those rivers and
streams;
(ii) respecting private property rights (including
existing water rights); and
(iii) continuing to allow historic uses of the rivers
and streams.
(2) PURPOSES.—The purposes of this section are—
(A) to protect for current and future generations of
citizens of the United States the outstandingly remarkable
scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of
the headwaters of the Snake River System, while continuing to deliver water and operate and maintain valuable
irrigation water infrastructure; and
(B) to designate approximately 387.7 miles of the rivers
and streams of the headwaters of the Snake River System
as additions to the National Wild and Scenic Rivers System.
(c) DEFINITIONS.—In this section:
(1) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Agriculture (acting through the
Chief of the Forest Service), with respect to each river
segment described in paragraph (205) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by subsection (d)) that is not located in—
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge; and
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(B) the Secretary of the Interior, with respect to each
river segment described in paragraph (205) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (d)) that is located in—
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge.
(2) STATE.—The term ‘‘State’’ means the State of Wyoming.
(d) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER HEADWATERS, WYOMING.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 5001) is amended
by adding at the end the following:
‘‘(206) SNAKE RIVER HEADWATERS, WYOMING.—The following
segments of the Snake River System, in the State of Wyoming:
‘‘(A) BAILEY CREEK.—The 7-mile segment of Bailey
Creek, from the divide with the Little Greys River north
to its confluence with the Snake River, as a wild river.
‘‘(B) BLACKROCK CREEK.—The 22-mile segment from
its source to the Bridger-Teton National Forest boundary,
as a scenic river.
‘‘(C) BUFFALO FORK OF THE SNAKE RIVER.—The portions
of the Buffalo Fork of the Snake River, consisting of—
‘‘(i) the 55-mile segment consisting of the North
Fork, the Soda Fork, and the South Fork, upstream
from Turpin Meadows, as a wild river;
‘‘(ii) the 14-mile segment from Turpin Meadows
to the upstream boundary of Grand Teton National
Park, as a scenic river; and
‘‘(iii) the 7.7-mile segment from the upstream
boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river.
‘‘(D) CRYSTAL CREEK.—The portions of Crystal Creek,
consisting of—
‘‘(i) the 14-mile segment from its source to the
Gros Ventre Wilderness boundary, as a wild river;
and
‘‘(ii) the 5-mile segment from the Gros Ventre
Wilderness boundary to its confluence with the Gros
Ventre River, as a scenic river.
‘‘(E) GRANITE CREEK.—The portions of Granite Creek,
consisting of—
‘‘(i) the 12-mile segment from its source to the
end of Granite Creek Road, as a wild river; and
‘‘(ii) the 9.5-mile segment from Granite Hot
Springs to the point 1 mile upstream from its confluence with the Hoback River, as a scenic river.
‘‘(F) GROS VENTRE RIVER.—The portions of the Gros
Ventre River, consisting of—
‘‘(i) the 16.5-mile segment from its source to
Darwin Ranch, as a wild river;
‘‘(ii) the 39-mile segment from Darwin Ranch to
the upstream boundary of Grand Teton National Park,
excluding the section along Lower Slide Lake, as a
scenic river; and
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‘‘(iii) the 3.3-mile segment flowing across the
southern boundary of Grand Teton National Park to
the Highlands Drive Loop Bridge, as a scenic river.
‘‘(G) HOBACK RIVER.—The 10-mile segment from the
point 10 miles upstream from its confluence with the Snake
River to its confluence with the Snake River, as a recreational river.
‘‘(H) LEWIS RIVER.—The portions of the Lewis River,
consisting of—
‘‘(i) the 5-mile segment from Shoshone Lake to
Lewis Lake, as a wild river; and
‘‘(ii) the 12-mile segment from the outlet of Lewis
Lake to its confluence with the Snake River, as a
scenic river.
‘‘(I) PACIFIC CREEK.—The portions of Pacific Creek, consisting of—
‘‘(i) the 22.5-mile segment from its source to the
Teton Wilderness boundary, as a wild river; and
‘‘(ii) the 11-mile segment from the Wilderness
boundary to its confluence with the Snake River, as
a scenic river.
‘‘(J) SHOAL CREEK.—The 8-mile segment from its source
to the point 8 miles downstream from its source, as a
wild river.
‘‘(K) SNAKE RIVER.—The portions of the Snake River,
consisting of—
‘‘(i) the 47-mile segment from its source to Jackson
Lake, as a wild river;
‘‘(ii) the 24.8-mile segment from 1 mile downstream
of Jackson Lake Dam to 1 mile downstream of the
Teton Park Road bridge at Moose, Wyoming, as a
scenic river; and
‘‘(iii) the 19-mile segment from the mouth of the
Hoback River to the point 1 mile upstream from the
Highway 89 bridge at Alpine Junction, as a recreational river, the boundary of the western edge of
the corridor for the portion of the segment extending
from the point 3.3 miles downstream of the mouth
of the Hoback River to the point 4 miles downstream
of the mouth of the Hoback River being the ordinary
high water mark.
‘‘(L) WILLOW CREEK.—The 16.2-mile segment from the
point 16.2 miles upstream from its confluence with the
Hoback River to its confluence with the Hoback River,
as a wild river.
‘‘(M) WOLF CREEK.—The 7-mile segment from its source
to its confluence with the Snake River, as a wild river.’’.
(e) MANAGEMENT.—
(1) IN GENERAL.—Each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by the Secretary concerned.
(2) MANAGEMENT PLAN.—
(A) IN GENERAL.—In accordance with subparagraph
(A), not later than 3 years after the date of enactment
of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph
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123 STAT. 1151
(205) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by subsection (d)) that is
located in an area under the jurisdiction of the Secretary
concerned.
(B) REQUIRED COMPONENT.—Each management plan
developed by the Secretary concerned under subparagraph
(A) shall contain, with respect to the river segment that
is the subject of the plan, a section that contains an analysis and description of the availability and compatibility
of future development with the wild and scenic character
of the river segment (with particular emphasis on each
river segment that contains 1 or more parcels of private
land).
(3) QUANTIFICATION OF WATER RIGHTS RESERVED BY RIVER
SEGMENTS.—
(A) The Secretary concerned shall apply for the quantification of the water rights reserved by each river segment
designated by this section in accordance with the procedural requirements of the laws of the State of Wyoming.
(B) For the purpose of the quantification of water rights
under this subsection, with respect to each Wild and Scenic
River segment designated by this section—
(i) the purposes for which the segments are designated, as set forth in this section, are declared to
be beneficial uses; and
(ii) the priority date of such right shall be the
date of enactment of this Act.
(4) STREAM GAUGES.—Consistent with the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry
out activities at United States Geological Survey stream gauges
that are located on the Snake River (including tributaries of
the Snake River), including flow measurements and operation,
maintenance, and replacement.
(5) CONSENT OF PROPERTY OWNER.—No property or interest
in property located within the boundaries of any river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) may be acquired by the Secretary without the consent
of the owner of the property or interest in property.
(6) EFFECT OF DESIGNATIONS.—
(A) IN GENERAL.—Nothing in this section affects valid
existing rights, including—
(i) all interstate water compacts in existence on
the date of enactment of this Act (including full
development of any apportionment made in accordance
with the compacts);
(ii) water rights in the States of Idaho and
Wyoming; and
(iii) water rights held by the United States.
(B) JACKSON LAKE; JACKSON LAKE DAM.—Nothing in
this section shall affect the management and operation
of Jackson Lake or Jackson Lake Dam, including the storage, management, and release of water.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.
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(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 5002(d)) is amended
by adding at the end the following:
‘‘(207) TAUNTON RIVER, MASSACHUSETTS.—The main stem
of the Taunton River from its headwaters at the confluence
of the Town and Matfield Rivers in the Town of Bridgewater
downstream 40 miles to the confluence with the Quequechan
River at the Route 195 Bridge in the City of Fall River, to
be administered by the Secretary of the Interior in cooperation
with the Taunton River Stewardship Council as follows:
‘‘(A) The 18-mile segment from the confluence of the
Town and Matfield Rivers to Route 24 in the Town of
Raynham, as a scenic river.
‘‘(B) The 5-mile segment from Route 24 to 0.5 miles
below Weir Bridge in the City of Taunton, as a recreational
river.
‘‘(C) The 8-mile segment from 0.5 miles below Weir
Bridge to Muddy Cove in the Town of Dighton, as a scenic
river.
‘‘(D) The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge
in the City of Fall River, as a recreational river.’’.
(b) MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.—
(1) TAUNTON RIVER STEWARDSHIP PLAN.—
(A) IN GENERAL.—Each river segment designated by
section 3(a)(206) of the Wild and Scenic Rivers Act (as
added by subsection (a)) shall be managed in accordance
with the Taunton River Stewardship Plan, dated July 2005
(including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to
in this subsection as the ‘‘Secretary’’) determines to be
consistent with this section).
(B) EFFECT.—The Taunton River Stewardship Plan
described in subparagraph (A) shall be considered to satisfy
each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)).
(2) COOPERATIVE AGREEMENTS.—To provide for the longterm protection, preservation, and enhancement of each river
segment designated by section 3(a)(206) of the Wild and Scenic
Rivers Act (as added by subsection (a)), pursuant to sections
10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial
and other assistance) with—
(A) the Commonwealth of Massachusetts (including
political subdivisions of the Commonwealth of Massachusetts);
(B) the Taunton River Stewardship Council; and
(C) any appropriate nonprofit organization, as determined by the Secretary.
(3) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), each river segment designated by section 3(a)(206)
of the Wild and Scenic Rivers Act (as added by subsection
(a)) shall not be—
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(A) administered as a unit of the National Park
System; or
(B) subject to the laws (including regulations) that
govern the administration of the National Park System.
(4) LAND MANAGEMENT.—
(A) ZONING ORDINANCES.—The zoning ordinances
adopted by the Towns of Bridgewater, Halifax,
Middleborough, Raynham, Berkley, Dighton, Freetown, and
Somerset, and the Cities of Taunton and Fall River,
Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands,
and watercourses associated with any river segment designated by section 3(a)(206) of the Wild and Scenic Rivers
Act (as added by subsection (a))), shall be considered to
satisfy each standard and requirement described in section
6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(B) VILLAGES.—For the purpose of section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town
described in subparagraph (A) shall be considered to be
a village.
(C) ACQUISITION OF LAND.—
(i) LIMITATION OF AUTHORITY OF SECRETARY.—With
respect to each river segment designated by section
3(a)(206) of the Wild and Scenic Rivers Act (as added
by subsection (a)), the Secretary may only acquire parcels of land—
(I) by donation; or
(II) with the consent of the owner of the parcel
of land.
(ii) PROHIBITION RELATING TO ACQUISITION OF LAND
BY CONDEMNATION.—In accordance with section 6(c)
of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)),
with respect to each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as
added by subsection (a)), the Secretary may not acquire
any parcel of land by condemnation.
Subtitle B—Wild and Scenic Rivers Studies
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SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.
(a) DESIGNATION FOR STUDY.—Section 5(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at
the end the following:
‘‘(140) MISSISQUOI AND TROUT RIVERS, VERMONT.—The
approximately 25-mile segment of the upper Missisquoi from
its headwaters in Lowell to the Canadian border in North
Troy, the approximately 25-mile segment from the Canadian
border in East Richford to Enosburg Falls, and the approximately 20-mile segment of the Trout River from its headwaters
to its confluence with the Missisquoi River.’’.
(b) STUDY AND REPORT.—Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end
the following:
‘‘(19) MISSISQUOI AND TROUT RIVERS, VERMONT.—Not later
than 3 years after the date on which funds are made available
to carry out this paragraph, the Secretary of the Interior shall—
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‘‘(A) complete the study of the Missisquoi and Trout
Rivers, Vermont, described in subsection (a)(140); and
‘‘(B) submit a report describing the results of that
study to the appropriate committees of Congress.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
Subtitle C—Additions to the National
Trails System
SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following:
‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.—
‘‘(A) IN GENERAL.—The Arizona National Scenic Trail,
extending approximately 807 miles across the State of
Arizona from the U.S.–Mexico international border to the
Arizona–Utah border, as generally depicted on the map
entitled ‘Arizona National Scenic Trail’ and dated December
5, 2007, to be administered by the Secretary of Agriculture,
in consultation with the Secretary of the Interior and appropriate State, tribal, and local governmental agencies.
‘‘(B) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in appropriate offices
of the Forest Service.’’.
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.
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(a) AUTHORIZATION AND ADMINISTRATION.—Section 5(a) of the
National Trails System Act (16 U.S.C. 1244(a)) (as amended by
section 5201) is amended by adding at the end the following:
‘‘(28) NEW ENGLAND NATIONAL SCENIC TRAIL.—The New
England National Scenic Trail, a continuous trail extending
approximately 220 miles from the border of New Hampshire
in the town of Royalston, Massachusetts to Long Island Sound
in the town of Guilford, Connecticut, as generally depicted
on the map titled ‘New England National Scenic Trail Proposed
Route’, numbered T06/80,000, and dated October 2007. The
map shall be on file and available for public inspection in
the appropriate offices of the National Park Service. The Secretary of the Interior, in consultation with appropriate Federal,
State, tribal, regional, and local agencies, and other organizations, shall administer the trail after considering the recommendations of the report titled the ‘Metacomet Monadnock
Mattabesset Trail System National Scenic Trail Feasibility
Study and Environmental Assessment’, prepared by the
National Park Service, and dated Spring 2006. The United
States shall not acquire for the trail any land or interest
in land without the consent of the owner.’’.
(b) MANAGEMENT.—The Secretary of the Interior (referred to
in this section as the ‘‘Secretary’’) shall consider the actions outlined
in the Trail Management Blueprint described in the report titled
the ‘‘Metacomet Monadnock Mattabesett Trail System National
Scenic Trail Feasibility Study and Environmental Assessment’’, prepared by the National Park Service, and dated Spring 2006, as
the framework for management and administration of the New
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(1) IN GENERAL.—Subject to paragraph (2), use of motorized
and mechanical vehicles in the Withdrawal Area shall be permitted only on roads and trails designated for the use of those
vehicles, unless the use of those vehicles is needed—
(A) for administrative purposes; or
(B) to respond to an emergency.
(2) EXCEPTION.—Paragraph (1) does not apply to aircraft
(including helicopters).
(d) NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.—
Nothing in this section alters or diminishes the treaty rights of
any Indian tribe.
SEC. 3068. WITHDRAWAL AND RESERVATION OF ADDITIONAL PUBLIC
LAND FOR NAVAL AIR WEAPONS STATION, CHINA LAKE,
CALIFORNIA.
(a) IN GENERAL.—Section 2971(b) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127
Stat. 1044) is amended—
(1) by striking ‘‘subsection (a) is the Federal land’’ and
inserting the following: ‘‘subsection (a) is—
‘‘(1) the Federal land’’; and
(2) by striking ‘‘section 2912.’’ and inserting the following:
‘‘section 2912;
‘‘(2) approximately 7,556 acres of public land described
at Public Law 88–46 and commonly known as the Cuddeback
Lake Air Force Range; and
‘‘(3) approximately 4,480 acres comprised of all the public
lands within: Sections 31 and 32 of Township 29S, Range
43E; Sections 12, 13, 24, and 25 of Township 30S, Range
42E; and Section 5 and the northern half of Section 6 of
Township 31S, Range 43E, Mount Diablo Meridian, in the
county of San Bernardino in the State of California, (but
excluding the parcel identified as ‘AF Fee Simple’) as depicted
on the map entitled: ‘Cuddeback Area of the Golden Valley
Proposed Wilderness Additions, June 2014’.’’.
(b) EXPIRATIONAL REPEAL.—The Act entitled ‘‘An Act to provide
for the withdrawal and reservation for the use of the Department
of the Air Force of certain public lands of the United States at
Cuddeback Lake Air Force Range, California, for defense purposes’’,
as approved June 21, 1963 (Public Law 88–46; 77 Stat. 69), is
repealed.
Subtitle F—Wild and Scenic Rivers
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SEC. 3071. ILLABOT CREEK, WASHINGTON, WILD AND SCENIC RIVER.
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by inserting after paragraph
(210), as added by section 3060(b), the following:
‘‘(211) ILLABOT CREEK, WASHINGTON.—
‘‘(A) The 14.3-mile segment from the headwaters of
Illabot Creek to the northern terminus as generally
depicted on the map titled ‘Illabot Creek Proposed WSR–
Northern Terminus’, dated September 15, 2009, to be
administered by the Secretary of Agriculture as follows:
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‘‘(i) The 4.3-mile segment from the headwaters of
Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river.
‘‘(ii) The 10-mile segment from the boundary of
Glacier Peak Wilderness to the northern terminus as
generally depicted on the map titled ‘Illabot Creek
Proposed WSR–Northern Terminus’, dated September
15, 2009, as a recreational river.
‘‘(B) Action required to be taken under subsection (d)(1)
for the river segments designated under this paragraph
shall be completed through revision of the Skagit Wild
and Scenic River comprehensive management plan.’’.
(b) NO CONDEMNATION.—No land or interest in land within
the boundary of the river segment designated by paragraph (211)
of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
may be acquired by condemnation.
(c) ADJACENT MANAGEMENT.—
(1) IN GENERAL.—Nothing in paragraph (211) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
creates a protective perimeter or buffer zone outside the designated boundary of the river segment designated by that paragraph.
(2) OUTSIDE ACTIVITIES.—The fact that an activity or use
can be seen or heard within the boundary of the river segment
designated by paragraph (211) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) shall not preclude the
activity or use outside the boundary of the river segment.
SEC. 3072. MISSISQUOI AND TROUT WILD AND SCENIC RIVERS,
VERMONT.
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(a) DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by inserting after paragraph (211), as added by section
3071(a), the following:
‘‘(212) MISSISQUOI RIVER AND TROUT RIVER, VERMONT.—
The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river:
‘‘(A) The 20.5-mile segment of the Missisquoi River
from the Lowell/Westfield town line to the Canadian border
in North Troy, excluding the property and project boundary
of the Troy and North Troy hydroelectric facilities.
‘‘(B) The 14.6-mile segment of the Missisquoi River
from the Canadian border in Richford to the upstream
project boundary of the Enosburg Falls hydroelectric facility
in Sampsonville.
‘‘(C) The 11-mile segment of the Trout River from
the confluence of the Jay and Wade Brooks in Montgomery
to where the Trout River joins the Missisquoi River in
East Berkshire.’’.
(b) MANAGEMENT.—
(1) MANAGEMENT.—
(A) IN GENERAL.—The river segments designated by
paragraph (212) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) shall be managed in accordance with—
(i) the Upper Missisquoi and Trout Rivers Management Plan developed during the study described in
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section 5(b)(19) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(b)(19)) (referred to in this subsection as
the ‘‘management plan’’); and
(ii) such amendments to the management plan
as the Secretary of the Interior determines are consistent with this section and as are approved by the
Upper Missisquoi and Trout Rivers Wild and Scenic
Committee (referred to in this subsection as the ‘‘Committee’’).
(B) COMPREHENSIVE MANAGEMENT PLAN.—The management plan, as finalized in March 2013, and as amended,
shall be considered to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(C) ADJACENT MANAGEMENT.—
(i) IN GENERAL.—Nothing in paragraph (212) of
section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) creates a protective perimeter or buffer
zone outside the designated boundary of the river segments designated by that paragraph.
(ii) OUTSIDE ACTIVITIES.—The fact that an activity
or use can be seen or heard within the boundary of
the river segments designated by paragraph (212) of
section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) shall not preclude the activity or use
outside the boundary of the river segments.
(2) COMMITTEE.—The Secretary shall coordinate management responsibility of the Secretary of the Interior under this
section with the Committee, as specified in the management
plan.
(3) COOPERATIVE AGREEMENTS.—
(A) IN GENERAL.—In order to provide for the longterm protection, preservation, and enhancement of the river
segments designated by paragraph (212) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)),
the Secretary of the Interior may enter into cooperative
agreements pursuant to sections 10(e) and 11(b)(1) (16
U.S.C. 1281(e), 1282(b)(1)) of the Wild and Scenic Rivers
Act with—
(i) the State of Vermont;
(ii) the municipalities of Berkshire, Enosburg Falls,
Enosburgh, Montgomery, North Troy, Richford, Troy,
and Westfield; and
(iii) appropriate local, regional, statewide, or multistate planning, environmental, or recreational
organizations.
(B) CONSISTENCY.—Each cooperative agreement
entered into under this paragraph shall be consistent with
the management plan and may include provisions for financial or other assistance from the United States.
(4) EFFECT ON EXISTING HYDROELECTRIC FACILITIES.—
(A) IN GENERAL.—The designation of the river segments by paragraph (212) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), does not—
(i) preclude the Federal Energy Regulatory
Commission from licensing, relicensing, or otherwise
authorizing the operation or continued operation of
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PUBLIC LAW 113–291—DEC. 19, 2014
the Troy Hydroelectric, North Troy, or Enosburg Falls
hydroelectric project under the terms of licenses or
exemptions in effect on the date of enactment of this
Act; or
(ii) limit modernization, upgrade, or other changes
to the projects described in clause (i), subject to written
determination by the Secretary of the Interior that
the changes are consistent with the purposes of the
designation.
(B) HYDROPOWER PROCEEDINGS.—Resource protection,
mitigation, or enhancement measures required by Federal
Energy Regulatory Commission hydropower proceedings—
(i) shall not be considered to be project works
for purposes of this section; and
(ii) may be located within the river segments designated by paragraph (212) of section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)), subject to
a written determination by the Secretary that the
measures are consistent with the purposes of the designation.
(5) LAND MANAGEMENT.—
(A) ZONING ORDINANCES.—For the purpose of the segments designated by paragraph (212) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the
zoning ordinances adopted by the towns of Berkshire,
Enosburg Falls, Enosburgh, Montgomery, North Troy,
Richford, Troy, and Westfield in the State of Vermont,
including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall
be considered to satisfy the standards and requirements
of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(B) ACQUISITIONS OF LAND.—The authority of the Secretary to acquire land for the purposes of the segments
designated by paragraph (212) of section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be—
(i) limited to acquisition by donation or acquisition
with the consent of the owner of the land; and
(ii) subject to the additional criteria set forth in
the management plan.
(C) NO CONDEMNATION.—No land or interest in land
within the boundary of the river segments designated by
paragraph (212) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) may be acquired by condemnation.
(6) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Missisquoi and Trout Rivers shall not be administered as part of the National Park System or be subject to
regulations that govern the National Park System.
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SEC. 3073. WHITE CLAY CREEK WILD AND SCENIC RIVER EXPANSION.
(a) DESIGNATION OF SEGMENTS OF WHITE CLAY CREEK, AS
SCENIC AND RECREATIONAL RIVERS.—Section 3(a)(163) of the Wild
and Scenic Rivers Act (16 U.S. C. 1274(a)(163)) is amended—
(1) in the matter preceding subparagraph (A)—
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PUBLIC LAW 113–291—DEC. 19, 2014
128 STAT. 3847
(A) by striking ‘‘190 miles’’ and inserting ‘‘199 miles’’;
and
(B) by striking ‘‘the recommended designation and
classification maps (dated June 2000)’’ and inserting ‘‘the
map entitled ‘White Clay Creek Wild and Scenic River
Designated Area Map’ and dated July 2008, the map entitled ‘White Clay Creek Wild and Scenic River Classification
Map’ and dated July 2008, and the map entitled ‘White
Clay Creek National Wild and Scenic River Proposed Additional Designated Segments-July 2008’ ’’;
(2) by striking subparagraph (B) and inserting the following:
‘‘(B) 22.4 miles of the east branch beginning at the
southern boundary line of the Borough of Avondale,
including Walnut Run, Broad Run, and Egypt Run, outside
the boundaries of the White Clay Creek Preserve, as a
recreational river.’’; and
(3) by striking subparagraph (H) and inserting the following:
‘‘(H) 14.3 miles of the main stem, including Lamborn
Run, that flow through the boundaries of the White Clay
Creek Preserve, Pennsylvania and Delaware, and White
Clay Creek State Park, Delaware, beginning at the confluence of the east and middle branches in London Britain
Township, Pennsylvania, downstream to the northern
boundary line of the City of Newark, Delaware, as a scenic
river.’’.
(b) ADMINISTRATION OF WHITE CLAY CREEK.—Sections 4
through 8 of Public Law 106–357 (16 U.S.C. 1274 note; 114 Stat.
1393), shall be applicable to the additional segments of White
Clay Creek designated by the amendments made by subsection
(a).
(c) NO CONDEMNATION.—No land or interest in land within
the boundary of the additional segments of White Clay Creek designated by the amendments made by subsection (a) may be acquired
by condemnation.
(d) ADJACENT MANAGEMENT.—
(1) IN GENERAL.—Nothing in the amendments made by
subsection (a) creates a protective perimeter or buffer zone
outside the designated boundary of the additional segments
of White Clay Creek designated by the amendments made
by that subsection.
(2) OUTSIDE ACTIVITIES.—The fact that an activity or use
can be seen or heard within the boundary of the additional
segments of White Clay Creek designated by the amendments
made by subsection (a) shall not preclude the activity or use
outside the boundary of the segment.
16 USC 1274
note.
16 USC 1274
note.
16 USC 1274
note.
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SEC. 3074. STUDIES OF WILD AND SCENIC RIVERS.
(a) DESIGNATION FOR STUDY.—Section 5(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by inserting
after paragraph (141), as added by section 3041(e), the following:
‘‘(142) BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK
RIVERS, RHODE ISLAND AND CONNECTICUT.—The following segments:
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128 STAT. 3848
PUBLIC LAW 113–291—DEC. 19, 2014
‘‘(A) The approximately 10-mile segment of the Beaver
River from the headwaters in Exeter, Rhode Island, to
the confluence with the Pawcatuck River.
‘‘(B) The approximately 5-mile segment of the Chipuxet
River from Hundred Acre Pond to the outlet into Worden
Pond.
‘‘(C) The approximately 10-mile segment of the upper
Queen River from the headwaters to the Usquepaugh Dam
in South Kingstown, Rhode Island, including all tributaries
of the upper Queen River.
‘‘(D) The approximately 5-mile segment of the lower
Queen (Usquepaugh) River from the Usquepaugh Dam to
the confluence with the Pawcatuck River.
‘‘(E) The approximately 11-mile segment of the upper
Wood River from the headwaters to Skunk Hill Road in
Richmond and Hopkinton, Rhode Island, including all
tributaries of the upper Wood River.
‘‘(F) The approximately 10-mile segment of the lower
Wood River from Skunk Hill Road to the confluence with
the Pawcatuck River.
‘‘(G) The approximately 28-mile segment of the
Pawcatuck River from Worden Pond to Nooseneck Hill
Road (Rhode Island Rte 3) in Hopkinton and Westerly,
Rhode Island.
‘‘(H) The approximately 7-mile segment of the lower
Pawcatuck River from Nooseneck Hill Road to Pawcatuck
Rock, Stonington, Connecticut, and Westerly, Rhode Island.
‘‘(143) NASHUA RIVER, MASSACHUSETTS.—The following segments:
‘‘(A) The approximately 19-mile segment of the
mainstem of the Nashua River from the confluence with
the North and South Nashua Rivers in Lancaster,
Massachusetts, north to the Massachusetts-New Hampshire State line, excluding the approximately 4.8-mile segment of the mainstem of the Nashua River from the Route
119 bridge in Groton, Massachusetts, downstream to the
confluence with the Nissitissit River in Pepperell,
Massachusetts.
‘‘(B) The 10-mile segment of the Squannacook River
from the headwaters at Ash Swamp downstream to the
confluence with the Nashua River in the towns of Shirley
and Ayer, Massachusetts.
‘‘(C) The 3.5-mile segment of the Nissitissit River from
the Massachusetts-New Hampshire State line downstream
to the confluence with the Nashua River in Pepperell,
Massachusetts.
‘‘(144) YORK RIVER, MAINE.—The segment of the York River
that flows 11.25 miles from the headwaters of the York River
at York Pond to the mouth of the river at York Harbor, and
any associated tributaries.’’.
(b) STUDY AND REPORT.—Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) is amended by inserting after paragraph (20), as added by section 3041(e), the following:
‘‘(21) BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK
RIVERS, RHODE ISLAND AND CONNECTICUT; NASHUA RIVER,
MASSACHUSETTS; YORK RIVER, MAINE.—
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PUBLIC LAW 113–291—DEC. 19, 2014
128 STAT. 3849
‘‘(A) IN GENERAL.—Not later than 3 years after the
date on which funds are made available to carry out this
paragraph, the Secretary of the Interior shall—
‘‘(i) complete each of the studies described in paragraphs (142), (143), and (144) of subsection (a); and
‘‘(ii) submit to the Committee on Natural Resources
of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a
report that describes the results of each of the studies.
‘‘(B) REPORT REQUIREMENTS.—In assessing the potential additions to the wild and scenic river system, the
report submitted under subparagraph (A)(ii) shall—
‘‘(i) determine the effect of the designation on—
‘‘(I) existing commercial and recreational
activities, such as hunting, fishing, trapping, recreational shooting, motor boat use, and bridge
construction;
‘‘(II) the authorization, construction, operation,
maintenance, or improvement of energy production, transmission, or other infrastructure; and
‘‘(III) the authority of State and local governments to manage the activities described in subclauses (I) and (II);
‘‘(ii) identify any authorities that, in a case in
which an area studied under paragraph (142), (143),
or (144) of subsection (a) is designated under this Act—
‘‘(I) would authorize or require the Secretary
of the Interior—
‘‘(aa) to influence local land use decisions,
such as zoning; or
‘‘(bb) to place restrictions on non-Federal
land if designated under this Act; and
‘‘(II) the Secretary of the Interior may use
to condemn property; and
‘‘(iii) identify any private property located in an
area studied under paragraph (142), (143), or (144)
of subsection (a).’’.
Subtitle G—Trust Lands
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SEC. 3077. LAND TAKEN INTO TRUST FOR BENEFIT OF THE NORTHERN
CHEYENNE TRIBE.
(a) DEFINITIONS.—In this section:
(1) FUND.—The term ‘‘Fund’’ means the Northern Cheyenne
Trust Fund identified in the June 7, 1999 Agreement Settling
Certain Issues Relating to the Tongue River Dam Project, which
was entered into by the Tribe, the State, and delegates of
the Secretary, and managed by the Office of Special Trustee
in the Department of the Interior.
(2) GREAT NORTHERN PROPERTIES.—The term ‘‘Great
Northern Properties’’ means the Great Northern Properties
Limited Partnership, which is a Delaware limited partnership.
(3) PERMANENT FUND.—The term ‘‘Permanent Fund’’ means
the Northern Cheyenne Tribe Permanent Fund managed by
the Tribe pursuant to the Plan for Investment, Management
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PUBLIC LAW 115–229—AUG. 2, 2018
132 STAT. 1629
Public Law 115–229
115th Congress
An Act
To amend the Wild and Scenic Rivers Act to designate certain segments of East
Rosebud Creek in Carbon County, Montana, as components of the Wild and
Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘East Rosebud Wild and Scenic
Rivers Act’’.
Aug. 2, 2018
[H.R. 4645]
East Rosebud
Wild and Scenic
Rivers Act.
16 USC 1271
note.
SEC. 2. FINDINGS; PURPOSE.
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(a) FINDINGS.—Congress finds that—
(1) East Rosebud Creek is cherished by the people of Montana and visitors from across the United States for its clean
water, spectacular natural setting, and outstanding recreational
opportunities;
(2) recreational activities, including fishing, hunting,
camping, paddling, hiking, rock climbing, and wildlife watching,
on East Rosebud Creek and the surrounding land generate
millions of dollars annually for the local economy;
(3) East Rosebud Creek—
(A) is a national treasure;
(B) possesses outstandingly remarkable values; and
(C) merits the high level of protection afforded by
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.)
in order to maintain the benefits provided by the Creek,
as described in paragraphs (1) and (2), for future generations to enjoy; and
(4) designation of select public land segments of East
Rosebud Creek under the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.) would recognize the importance of maintaining
the values of the Creek while preserving public access,
respecting private property rights, allowing appropriate maintenance of existing infrastructure, and allowing historical uses
of the Creek to continue.
(b) PURPOSE.—The purpose of this Act is to designate East
Rosebud Creek in the State of Montana as a component of the
National Wild and Scenic Rivers System to preserve and protect
for present and future generations the outstandingly remarkable
scenic, recreational, and geologic values of the Creek.
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PUBL229
132 STAT. 1630
PUBLIC LAW 115–229—AUG. 2, 2018
SEC. 3. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.
16 USC 1274
note.
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
‘‘(213) EAST ROSEBUD CREEK, MONTANA.—The portions of
East Rosebud Creek in the State of Montana, consisting of—
‘‘(A) the 13-mile segment exclusively on public land
within the Custer National Forest from the source in the
Absaroka-Beartooth Wilderness downstream to the point
at which the Creek enters East Rosebud Lake, including
the stream reach between Twin Outlets Lake and Fossil
Lake, to be administered by the Secretary of Agriculture
as a wild river; and
‘‘(B) the 7-mile segment exclusively on public land
within the Custer National Forest from immediately below,
but not including, the outlet of East Rosebud Lake downstream to the point at which the Creek enters private
property for the first time, to be administered by the Secretary of Agriculture as a recreational river.’’.
(b) ADJACENT MANAGEMENT.—
(1) IN GENERAL.—Nothing in paragraph (213) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (a)) creates a protective perimeter
or buffer zone outside the designated boundary of the river
segment designated by that paragraph.
(2) OUTSIDE ACTIVITIES.—The fact that an otherwise
authorized activity or use can be seen or heard within the
boundary of the river segment designated by paragraph (213)
of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by subsection (a)) shall not preclude the
activity or use outside the boundary of the river segment.
Approved August 2, 2018.
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LEGISLATIVE HISTORY—H.R. 4645 (S. 501):
HOUSE REPORTS: No. 115–666 (Comm. on Natural Resources).
SENATE REPORTS: No. 115–42 (Comm. on Energy and Natural Resources) accompanying S. 501.
CONGRESSIONAL RECORD, Vol. 164 (2018):
July 17, considered and passed House.
July 25, considered and passed Senate.
Æ
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PUBL229
PUBLIC LAW 116–9—MAR. 12, 2019
133 STAT. 607
SEC. 1104. MAINTENANCE OR REPLACEMENT OF FACILITIES AND
STRUCTURES AT SMITH GULCH.
16 USC 1274
note.
The authorization of the Secretary of Agriculture to maintain
or replace facilities or structures for commercial recreation services
at Smith Gulch under section 3(a)(24)(D) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(24)(D))—
(1) may include improvements or replacements that the
Secretary of Agriculture determines—
(A) are consistent with section 9(b) of the Central
Idaho Wilderness Act of 1980 (16 U.S.C. 1281 note; Public
Law 96–312); and
(B) would reduce the impact of the commercial recreation facilities or services on wilderness or wild and scenic
river resources and values; and
(2) authorizes the Secretary of Agriculture to consider
including, as appropriate—
(A) hydroelectric generators and associated electrical
transmission facilities;
(B) water pumps for fire suppression;
(C) transitions from propane to electrical lighting;
(D) solar energy systems;
(E) 6-volt or 12-volt battery banks for power storage;
and
(F) other improvements or replacements which are consistent with this section that the Secretary of Agriculture
determines appropriate.
SEC. 1105. REPEAL OF PROVISION LIMITING THE EXPORT OF TIMBER
HARVESTED FROM CERTAIN KAKE TRIBAL CORPORATION
LAND.
Section 42 of the Alaska Native Claims Settlement Act (43
U.S.C. 1629h) is amended—
(1) by striking subsection (h);
(2) by redesignating subsection (i) as subsection (h); and
(3) in subsection (h) (as so redesignated), in the first sentence, by striking ‘‘and to provide’’ and all that follows through
‘‘subsection (h)’’.
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SEC. 1106. DESIGNATION OF FOWLER AND BOSKOFF PEAKS.
(a) DESIGNATION OF FOWLER PEAK.—
(1) IN GENERAL.—The 13,498-foot mountain peak, located
at 37.8569° N, by ¥108.0117° W, in the Uncompahgre National
Forest in the State of Colorado, shall be known and designated
as ‘‘Fowler Peak’’.
(2) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
peak described in paragraph (1) shall be deemed to be a reference to ‘‘Fowler Peak’’.
(b) DESIGNATION OF BOSKOFF PEAK.—
(1) IN GENERAL.—The 13,123-foot mountain peak, located
at 37.85549° N, by ¥108.03112° W, in the Uncompahgre
National Forest in the State of Colorado, shall be known and
designated as ‘‘Boskoff Peak’’.
(2) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
peak described in paragraph (1) shall be deemed to be a reference to ‘‘Boskoff Peak’’.
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note.
PUBL009
133 STAT. 654
PUBLIC LAW 116–9—MAR. 12, 2019
(e) EFFECT.—Nothing in this section affects any recreational
use, including hunting or fishing, that is authorized on land within
the area depicted on the map under applicable law as of the date
of enactment of this Act.
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SEC. 1205. OREGON WILDLANDS.
(a) WILD AND SCENIC RIVER ADDITIONS, DESIGNATIONS AND
TECHNICAL CORRECTIONS.—
(1) ADDITIONS TO ROGUE WILD AND SCENIC RIVER.—
(A) IN GENERAL.—Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the following:
‘‘(5) ROGUE, OREGON.—
‘‘(A) IN GENERAL.—The segment of the river extending
from the mouth of the Applegate River downstream to
the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as
agreed to by the Secretaries of the Interior and Agriculture
or as directed by the President.
‘‘(B) ADDITIONS.—In addition to the segment described
in subparagraph (A), there are designated the following
segments in the Rogue River:
‘‘(i) KELSEY CREEK.—The approximately 6.8-mile
segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette
Meridian, to the confluence with the Rogue River, as
a wild river.
‘‘(ii) EAST FORK KELSEY CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 0.2mile segment of East Fork Kelsey Creek from
headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 4.6-mile
segment of East Fork Kelsey Creek from the Wild
Rogue Wilderness boundary in T. 33 S., R. 8 W.,
sec. 5, Willamette Meridian, to the confluence with
Kelsey Creek, as a wild river.
‘‘(iii) WHISKY CREEK.—
‘‘(I) RECREATIONAL RIVER.—The approximately
1.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to the
south boundary of the non-Federal land in T. 33
S., R. 8 W., sec. 17, Willamette Meridian, as a
recreational river.
‘‘(II) WILD RIVER.—The approximately 1.2-mile
segment of Whisky Creek from road 33–8–23 to
the confluence with the Rogue River, as a wild
river.
‘‘(iv) EAST FORK WHISKY CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 0.9mile segment of East Fork Whisky Creek from
its headwaters to Wild Rogue Wilderness boundary
in T. 33 S., R. 8 W., sec. 11, Willamette Meridian,
as a scenic river.
‘‘(II) WILD RIVER.—The approximately 2.6-mile
segment of East Fork Whisky Creek from the Wild
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PUBLIC LAW 116–9—MAR. 12, 2019
133 STAT. 655
Rogue Wilderness boundary in T. 33 S., R. 8 W.,
sec. 11, Willamette Meridian, downstream to road
33–8–26 crossing, as a wild river.
‘‘(III) RECREATIONAL RIVER.—The approximately 0.3-mile segment of East Fork Whisky
Creek from road 33–8–26 to the confluence with
Whisky Creek, as a recreational river.
‘‘(v) WEST FORK WHISKY CREEK.—The approximately 4.8-mile segment of West Fork Whisky Creek
from its headwaters to the confluence with the East
Fork Whisky Creek, as a wild river.
‘‘(vi) BIG WINDY CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 1.5mile segment of Big Windy Creek from its headwaters to road 34–9–17.1, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 5.8-mile
segment of Big Windy Creek from road 34–9–17.1
to the confluence with the Rogue River, as a wild
river.
‘‘(vii) EAST FORK BIG WINDY CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 0.2mile segment of East Fork Big Windy Creek from
its headwaters to road 34–8–36, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 3.7-mile
segment of East Fork Big Windy Creek from road
34–8–36 to the confluence with Big Windy Creek,
as a wild river.
‘‘(viii) LITTLE WINDY CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 1.2mile segment of Little Windy Creek from its headwaters to the Wild Rogue Wilderness boundary
in T. 33 S., R. 9 W., sec. 33, Willamette Meridian,
as a scenic river.
‘‘(II) WILD RIVER.—The approximately 1.9-mile
segment of Little Windy Creek from the Wild
Rogue Wilderness boundary in T. 33 S., R. 9 W.,
sec. 34, Willamette Meridian, to the confluence
with the Rogue River, as a wild river.
‘‘(ix) HOWARD CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 3.5mile segment of Howard Creek from its headwaters
to road 34–9–34, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 6.9-mile
segment of Howard Creek from 0.1 miles downstream of road 34–9–34 to the confluence with
the Rogue River, as a wild river.
‘‘(III) WILD RIVER.—The approximately 3.5mile segment of Anna Creek from its headwaters
to the confluence with Howard Creek, as a wild
river.
‘‘(x) MULE CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 3.5mile segment of Mule Creek from its headwaters
downstream to the Wild Rogue Wilderness
boundary as a scenic river.
‘‘(II) WILD RIVER.—The approximately 7.8-mile
segment of Mule Creek from the Wild Rogue
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133 STAT. 656
PUBLIC LAW 116–9—MAR. 12, 2019
Wilderness boundary in T. 32 S., R. 9 W., sec.
29, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
‘‘(xi) MISSOURI CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 3.1mile segment of Missouri Creek from its headwaters downstream to the Wild Rogue Wilderness
boundary in T. 33 S., R. 10 W., sec. 24, Willamette
Meridian, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 1.6-mile
segment of Missouri Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec.
24, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
‘‘(xii) JENNY CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 3.1mile segment of Jenny Creek from its headwaters
downstream to the Wild Rogue Wilderness
boundary in T. 33 S., R. 9 W., sec. 28, Willamette
Meridian, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 1.8-mile
segment of Jenny Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec.
28, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
‘‘(xiii) RUM CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 2.2mile segment of Rum Creek from its headwaters
to the Wild Rogue Wilderness boundary in T. 34
S., R. 8 W., sec. 9, Willamette Meridian, as a
scenic river.
‘‘(II) WILD RIVER.—The approximately 2.2-mile
segment of Rum Creek from the Wild Rogue
Wilderness boundary in T. 34 S., R. 8 W., sec.
9, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
‘‘(xiv) EAST FORK RUM CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 0.8mile segment of East Fork Rum Creek from its
headwaters to the Wild Rogue Wilderness
boundary in T. 34 S., R. 8 W., sec. 10, Willamette
Meridian, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 1.3-mile
segment of East Fork Rum Creek from the Wild
Rogue Wilderness boundary in T. 34 S., R. 8 W.,
sec. 10, Willamette Meridian, to the confluence
with Rum Creek, as a wild river.
‘‘(xv) WILDCAT CREEK.—The approximately 1.7mile segment of Wildcat Creek from its headwaters
downstream to the confluence with the Rogue River,
as a wild river.
‘‘(xvi) MONTGOMERY CREEK.—The approximately
1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue
River, as a wild river.
‘‘(xvii) HEWITT CREEK.—
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133 STAT. 657
‘‘(I) SCENIC RIVER.—The approximately 1.4mile segment of Hewitt Creek from its headwaters
to the Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec. 19, Willamette Meridian, as a
scenic river.
‘‘(II) WILD RIVER.—The approximately 1.2-mile
segment of Hewitt Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec.
19, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
‘‘(xviii) BUNKER CREEK.—The approximately 6.6mile segment of Bunker Creek from its headwaters
to the confluence with the Rogue River, as a wild
river.
‘‘(xix) DULOG CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 0.8mile segment of Dulog Creek from its headwaters
to 0.1 miles downstream of road 34–8–36, as a
scenic river.
‘‘(II) WILD RIVER.—The approximately 1.0-mile
segment of Dulog Creek from road 34–8–36 to
the confluence with the Rogue River, as a wild
river.
‘‘(xx) QUAIL CREEK.—The approximately 1.7-mile
segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette
Meridian, to the confluence with the Rogue River, as
a wild river.
‘‘(xxi) MEADOW CREEK.—The approximately 4.1mile segment of Meadow Creek from its headwaters
to the confluence with the Rogue River, as a wild
river.
‘‘(xxii) RUSSIAN CREEK.—The approximately 2.5mile segment of Russian Creek from the Wild Rogue
Wilderness boundary in T. 33 S., R. 8 W., sec. 20,
Willamette Meridian, to the confluence with the Rogue
River, as a wild river.
‘‘(xxiii) ALDER CREEK.—The approximately 1.2-mile
segment of Alder Creek from its headwaters to the
confluence with the Rogue River, as a wild river.
‘‘(xxiv) BOOZE CREEK.—The approximately 1.5-mile
segment of Booze Creek from its headwaters to the
confluence with the Rogue River, as a wild river.
‘‘(xxv) BRONCO CREEK.—The approximately 1.8mile segment of Bronco Creek from its headwaters
to the confluence with the Rogue River, as a wild
river.
‘‘(xxvi) COPSEY CREEK.—The approximately 1.5mile segment of Copsey Creek from its headwaters
to the confluence with the Rogue River, as a wild
river.
‘‘(xxvii) CORRAL CREEK.—The approximately 0.5mile segment of Corral Creek from its headwaters to
the confluence with the Rogue River, as a wild river.
‘‘(xxviii) COWLEY CREEK.—The approximately 0.9mile segment of Cowley Creek from its headwaters
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133 STAT. 658
PUBLIC LAW 116–9—MAR. 12, 2019
to the confluence with the Rogue River, as a wild
river.
‘‘(xxix) DITCH CREEK.—The approximately 1.8-mile
segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette
Meridian, to its confluence with the Rogue River, as
a wild river.
‘‘(xxx) FRANCIS CREEK.—The approximately 0.9mile segment of Francis Creek from its headwaters
to the confluence with the Rogue River, as a wild
river.
‘‘(xxxi) LONG GULCH.—
‘‘(I) SCENIC RIVER.—The approximately 1.4mile segment of Long Gulch from its headwaters
to the Wild Rogue Wilderness boundary in T. 33
S., R. 10 W., sec. 23, Willamette Meridian, as
a scenic river.
‘‘(II) WILD RIVER.—The approximately 1.1-mile
segment of Long Gulch from the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec.
23, Willamette Meridian, to the confluence with
the Rogue River, as a wild river.
‘‘(xxxii) BAILEY CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 1.4mile segment of Bailey Creek from its headwaters
to the Wild Rogue Wilderness boundary on the
west section line of T. 34 S., R. 8 W., sec. 14,
Willamette Meridian, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 1.7-mile
segment of Bailey Creek from the west section
line of T. 34 S., R.8 W., sec. 14, Willamette
Meridian, to the confluence of the Rogue River,
as a wild river.
‘‘(xxxiii) SHADY CREEK.—The approximately 0.7mile segment of Shady Creek from its headwaters to
the confluence with the Rogue River, as a wild river.
‘‘(xxxiv) SLIDE CREEK.—
‘‘(I) SCENIC RIVER.—The approximately 0.5mile segment of Slide Creek from its headwaters
to road 33–9–6, as a scenic river.
‘‘(II) WILD RIVER.—The approximately 0.7-mile
section of Slide Creek from road 33–9–6 to the
confluence with the Rogue River, as a wild river.’’.
(B) MANAGEMENT.—Each river segment designated by
subparagraph (B) of section 3(a)(5) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subparagraph (A)) shall be managed as part of the Rogue Wild
and Scenic River.
(C) WITHDRAWAL.—Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated by subparagraph (B) of section 3(a)(5) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added
by subparagraph (A)) is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the
public land laws;
(ii) location, entry, and patent under the mining
laws; and
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133 STAT. 659
(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(D) ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.—
(i) LICENSING BY COMMISSION.—The Federal
Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir,
powerhouse, transmission line, or other project works
on or directly affecting any stream described in clause
(iv).
(ii) OTHER AGENCIES.—
(I) IN GENERAL.—No department or agency of
the United States shall assist by loan, grant,
license, or otherwise in the construction of any
water resources project on or directly affecting any
stream segment that is described in clause (iv),
except to maintain or repair water resources
projects in existence on the date of enactment of
this Act.
(II) EFFECT.—Nothing in this clause prohibits
any department or agency of the United States
in assisting by loan, grant, license, or otherwise,
a water resources project—
(aa) the primary purpose of which is
ecological or aquatic restoration;
(bb) that provides a net benefit to water
quality and aquatic resources; and
(cc) that is consistent with protecting and
enhancing the values for which the river was
designated.
(iii) WITHDRAWAL.—Subject to valid existing rights,
the Federal land located within 1⁄4 mile on either side
of the stream segments described in clause (iv) is withdrawn from all forms of—
(I) entry, appropriation, or disposal under the
public land laws;
(II) location, entry, and patent under the
mining laws; and
(III) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(iv) DESCRIPTION OF STREAM SEGMENTS.—The following are the stream segments referred to in clause
(i):
(I) KELSEY CREEK.—The approximately 2.5mile segment of Kelsey Creek from its headwaters
to the Wild Rogue Wilderness boundary in T. 32
S., R. 9 W., sec. 25, Willamette Meridian.
(II) GRAVE CREEK.—The approximately 10.2mile segment of Grave Creek from the east
boundary of T. 34 S., R. 7 W., sec. 1, Willamette
Meridian, downstream to the confluence with the
Rogue River.
(III) CENTENNIAL GULCH.—The approximately
2.2-mile segment of Centennial Gulch from its
headwaters to its confluence with the Rogue River
in T. 34 S., R. 7, W., sec. 18, Willamette Meridian.
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PUBLIC LAW 116–9—MAR. 12, 2019
(IV) QUAIL CREEK.—The approximately 0.8mile segment of Quail Creek from its headwaters
to the Wild Rogue Wilderness boundary in T. 33
S., R. 10 W., sec. 1, Willamette Meridian.
(V) DITCH CREEK.—The approximately 0.7-mile
segment of Ditch Creek from its headwaters to
the Wild Rogue Wilderness boundary in T. 33 S.,
R. 9 W., sec. 5, Willamette Meridian.
(VI) GALICE CREEK.—The approximately 2.2mile segment of Galice Creek from the confluence
with the North Fork Galice Creek downstream
to the confluence with the Rogue River in T. 34
S., R. 8 W., sec. 36, Willamette Meridian.
(VII) QUARTZ CREEK.—The approximately 3.3mile segment of Quartz Creek from its headwaters
to its confluence with the North Fork Galice Creek
in T. 35 S., R. 8 W., sec. 4, Willamette Meridian.
(VIII) NORTH FORK GALICE CREEK.—The
approximately 5.7-mile segment of the North Fork
Galice Creek from its headwaters to its confluence
with the South Fork Galice Creek in T. 35 S.,
R. 8 W., sec. 3, Willamette Meridian.
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(2) TECHNICAL CORRECTIONS TO THE WILD AND SCENIC
RIVERS ACT.—
(A) CHETCO, OREGON.—Section 3(a)(69) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended—
(i) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
indenting appropriately;
(ii) in the matter preceding clause (i) (as so redesignated), by striking ‘‘The 44.5-mile’’ and inserting the
following:
‘‘(A) DESIGNATIONS.—The 44.5-mile’’;
(iii) in clause (i) (as so redesignated)—
(I) by striking ‘‘25.5-mile’’ and inserting ‘‘27.5mile’’; and
(II) by striking ‘‘Boulder Creek at the
Kalmiopsis Wilderness boundary’’ and inserting
‘‘Mislatnah Creek’’;
(iv) in clause (ii) (as so redesignated)—
(I) by striking ‘‘8-mile’’ and inserting ‘‘7.5mile’’; and
(II) by striking ‘‘Boulder Creek to Steel Bridge’’
and inserting ‘‘Mislatnah Creek to Eagle Creek’’;
(v) in clause (iii) (as so redesignated)—
(I) by striking ‘‘11-mile’’ and inserting ‘‘9.5mile’’; and
(II) by striking ‘‘Steel Bridge’’ and inserting
‘‘Eagle Creek’’; and
(vi) by adding at the end the following:
‘‘(B) WITHDRAWAL.—Subject to valid rights, the Federal
land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms
of—
‘‘(i) entry, appropriation, or disposal under the
public land laws;
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133 STAT. 661
‘‘(ii) location, entry, and patent under the mining
laws; and
‘‘(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.’’.
(B) WHYCHUS CREEK, OREGON.—Section 3(a)(102) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is
amended—
(i) in the paragraph heading, by striking ‘‘SQUAW
CREEK’’ and inserting ‘‘WHYCHUS CREEK’’;
(ii) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and indenting
appropriately;
(iii) in the matter preceding clause (i) (as so
redesignated)—
(I) by striking ‘‘The 15.4-mile’’ and inserting
the following:
‘‘(A) DESIGNATIONS.—The 15.4-mile’’; and
(II) by striking ‘‘McAllister Ditch, including
the Soap Fork Squaw Creek, the North Fork, the
South Fork, the East and West Forks of Park
Creek, and Park Creek Fork’’ and inserting ‘‘Plainview Ditch, including the Soap Creek, the North
and South Forks of Whychus Creek, the East and
West Forks of Park Creek, and Park Creek’’;
(iv) in clause (ii) (as so redesignated), by striking
‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’; and
(v) by adding at the end the following:
‘‘(B) WITHDRAWAL.—Subject to valid existing rights,
the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from
all forms of—
‘‘(i) entry, appropriation, or disposal under the
public land laws;
‘‘(ii) location, entry, and patent under the mining
laws; and
‘‘(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.’’.
(3) WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK
AND FRANKLIN CREEK, OREGON.—Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding
at the end the following:
‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5-mile segment
from its headwaters to the private land boundary in sec. 8,
to be administered by the Secretary of Agriculture as a wild
river.
‘‘(215) WASSON CREEK, OREGON.—The 10.1-mile segment
in the following classes:
‘‘(A) The 4.2-mile segment from the eastern boundary
of T. 21 S., R. 9 W., sec. 17, downstream to the western
boundary of T. 21 S., R. 10 W., sec. 12, to be administered
by the Secretary of the Interior as a wild river.
‘‘(B) The 5.9-mile segment from the western boundary
of T. 21 S., R. 10 W., sec. 12, downstream to the eastern
boundary of the northwest quarter of T. 21 S., R. 10 W.,
sec. 22, to be administered by the Secretary of Agriculture
as a wild river.’’.
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(4) WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER,
OREGON.—Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by paragraph (3)) is amended
by adding at the end the following:
‘‘(216) MOLALLA RIVER, OREGON.—
‘‘(A) IN GENERAL.—The following segments in the State
of Oregon, to be administered by the Secretary of the
Interior as a recreational river:
‘‘(i) MOLALLA RIVER.—The approximately 15.1-mile
segment from the southern boundary line of T. 7 S.,
R. 4 E., sec. 19, downstream to the edge of the Bureau
of Land Management boundary in T. 6 S., R. 3 E.,
sec. 7.
‘‘(ii) TABLE ROCK FORK MOLALLA RIVER.—The
approximately 6.2-mile segment from the easternmost
Bureau of Land Management boundary line in the
NE1⁄4 sec. 4, T. 7 S., R. 4 E., downstream to the
confluence with the Molalla River.
‘‘(B) WITHDRAWAL.—Subject to valid existing rights,
the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from
all forms of—
‘‘(i) entry, appropriation, or disposal under the
public land laws;
‘‘(ii) location, entry, and patent under the mining
laws; and
‘‘(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.’’.
(5) DESIGNATION OF ADDITIONAL WILD AND SCENIC RIVERS.—
(A) ELK RIVER, OREGON.—
(i) IN GENERAL.—Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (76) and inserting the following:
‘‘(76) ELK, OREGON.—The 69.2-mile segment to be administered by the Secretary of Agriculture in the following classes:
‘‘(A) MAINSTEM.—The 17-mile segment from the confluence of the North and South Forks of the Elk to Anvil
Creek as a recreational river.
‘‘(B) NORTH FORK.—
‘‘(i) SCENIC RIVER.—The approximately 0.6-mile
segment of the North Fork Elk from its source in
T. 33 S., R. 12 W., sec. 21, Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353,
as a scenic river.
‘‘(ii) WILD RIVER.—The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below
Forest Service Road 3353 to its confluence with the
South Fork Elk, as a wild river.
‘‘(C) SOUTH FORK.—
‘‘(i) SCENIC RIVER.—The approximately 0.9-mile
segment of the South Fork Elk from its source in
the southeast quarter of T. 33 S., R. 12 W., sec. 32,
Willamette Meridian, Forest Service Road 3353, as
a scenic river.
‘‘(ii) WILD RIVER.—The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below
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Forest Service Road 3353 to its confluence with the
North Fork Elk, as a wild river.
‘‘(D) OTHER TRIBUTARIES.—
‘‘(i) ROCK CREEK.—The approximately 1.7-mile segment of Rock Creek from its headwaters to the west
boundary of T. 32 S., R. 14 W., sec. 30, Willamette
Meridian, as a wild river.
‘‘(ii) BALD MOUNTAIN CREEK.—The approximately
8-mile segment of Bald Mountain Creek from its headwaters, including Salal Spring to its confluence with
Elk River, as a recreational river.
‘‘(iii) SOUTH FORK BALD MOUNTAIN CREEK.—The
approximately 3.5-mile segment of South Fork Bald
Mountain Creek from its headwaters to its confluence
with Bald Mountain Creek, as a scenic river.
‘‘(iv) PLATINUM CREEK.—The approximately 1-mile
segment of Platinum Creek from—
‘‘(I) its headwaters to Forest Service Road
5325, as a wild river; and
‘‘(II) Forest Service Road 5325 to its confluence
with Elk River, as a scenic river.
‘‘(v) PANTHER CREEK.—The approximately 5.0-mile
segment of Panther Creek from—
‘‘(I) its headwaters, including Mountain Well,
to Forest Service Road 5325, as a wild river; and
‘‘(II) Forest Service Road 5325 to its confluence
with Elk River, as a scenic river.
‘‘(vi) EAST FORK PANTHER CREEK.—The approximately 3.0-mile segment of East Fork Panther Creek
from it headwaters, to the confluence with Panther
Creek, as a wild river.
‘‘(vii) WEST FORK PANTHER CREEK.—The approximately 3.0-mile segment of West Fork Panther Creek
from its headwaters to the confluence with Panther
Creek as a wild river.
‘‘(viii) LOST CREEK.—The approximately 1.0-mile
segment of Lost Creek from—
‘‘(I) its headwaters to Forest Service Road
5325, as a wild river; and
‘‘(II) Forest Service Road 5325 to its confluence
with the Elk River, as a scenic river.
‘‘(ix) MILBURY CREEK.—The approximately 1.5-mile
segment of Milbury Creek from—
‘‘(I) its headwaters to Forest Service Road
5325, as a wild river; and
‘‘(II) Forest Service Road 5325 to its confluence
with the Elk River, as a scenic river.
‘‘(x) BLACKBERRY CREEK.—The approximately 5.0mile segment of Blackberry Creek from—
‘‘(I) its headwaters to Forest Service Road
5325, as a wild river; and
‘‘(II) Forest Service Road 5325 to its confluence
with the Elk River, as a scenic river.
‘‘(xi) EAST FORK BLACKBERRY CREEK.—The approximately 2.0-mile segment of the unnamed tributary
locally known as ‘East Fork Blackberry Creek’ from
its headwaters in T. 33 S., R. 13 W., sec. 26, Willamette
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Meridian, to its confluence with Blackberry Creek, as
a wild river.
‘‘(xii) MCCURDY CREEK.—The approximately 1.0mile segment of McCurdy Creek from—
‘‘(I) its headwaters to Forest Service Road
5325, as a wild river; and
‘‘(II) Forest Service Road 5325 to its confluence
with the Elk River, as a scenic river.
‘‘(xiii) BEAR CREEK.—The approximately 1.5-mile
segment of Bear Creek from headwaters to the confluence with Bald Mountain Creek, as a recreational
river.
‘‘(xiv) BUTLER CREEK.—The approximately 4-mile
segment of Butler Creek from—
‘‘(I) its headwaters to the south boundary of
T. 33 S., R. 13 W., sec. 8, Willamette Meridian,
as a wild river; and
‘‘(II) from the south boundary of T. 33 S.,
R. 13 W., sec. 8, Willamette Meridian, to its confluence with Elk River, as a scenic river.
‘‘(xv) EAST FORK BUTLER CREEK.—The approximately 2.8-mile segment locally known as the ‘East
Fork of Butler Creek’ from its headwaters on Mount
Butler in T. 32 S., R. 13 W., sec. 29, Willamette
Meridian, to its confluence with Butler Creek, as a
scenic river.
‘‘(xvi) PURPLE MOUNTAIN CREEK.—The approximately 2.0-mile segment locally known as ‘Purple
Mountain Creek’ from—
‘‘(I) its headwaters in secs. 35 and 36, T. 33
S., R. 14 W., Willamette Meridian, to 0.01 miles
above Forest Service Road 5325, as a wild river;
and
‘‘(II) 0.01 miles above Forest Service Road 5325
to its confluence with the Elk River, as a scenic
river.’’.
(ii) WITHDRAWAL.—Subject to valid existing rights,
the Federal land within the boundaries of the river
segments designated by paragraph (76) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by clause (i)) is withdrawn from all forms
of—
(I) entry, appropriation, or disposal under the
public land laws;
(II) location, entry, and patent under the
mining laws; and
(III) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(B) DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.—
(i) IN GENERAL.—Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended
by paragraph (4)) is amended by adding at the end
the following:
‘‘(217) NESTUCCA RIVER, OREGON.—The approximately 15.5mile segment from its confluence with Ginger Creek downstream until it crosses the western edge of T. 4 S., R. 7 W.,
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133 STAT. 665
sec. 7, Willamette Meridian, to be administered by the Secretary
of the Interior as a recreational river.
‘‘(218) WALKER CREEK, OREGON.—The approximately 2.9mile segment from the headwaters in T. 3 S., R. 6 W., sec.
20 downstream to the confluence with the Nestucca River in
T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
‘‘(219) NORTH FORK SILVER CREEK, OREGON.—The approximately 6-mile segment from the headwaters in T. 35 S., R.
9 W., sec. 1 downstream to the western edge of the Bureau
of Land Management boundary in T. 35 S., R. 9 W., sec.
17, Willamette Meridian, to be administered by the Secretary
of the Interior as a recreational river.
‘‘(220) JENNY CREEK, OREGON.—The approximately 17.6mile segment from the Bureau of Land Management boundary
located at the north boundary of the southwest quarter of
the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette
Meridian, downstream to the Oregon State border, to be
administered by the Secretary of the Interior as a scenic river.
‘‘(221) SPRING CREEK, OREGON.—The approximately 1.1mile segment from its source at Shoat Springs in T. 40 S.,
R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette
Meridian, to be administered by the Secretary of the Interior
as a scenic river.
‘‘(222) LOBSTER CREEK, OREGON.—The approximately 5-mile
segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian,
downstream to the northern edge of the Bureau of Land
Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette
Meridian, to be administered by the Secretary of the Interior
as a recreational river.
‘‘(223) ELK CREEK, OREGON.—The approximately 7.3-mile
segment from its confluence with Flat Creek near river mile
9, to the southern edge of the Army Corps of Engineers
boundary in T. 33 S., R. 1 E., sec. 30, Willamette Meridian,
near river mile 1.7, to be administered by the Secretary of
the Interior as a scenic river.’’.
(ii) ADMINISTRATION OF ELK CREEK.—
(I) LATERAL BOUNDARIES OF ELK CREEK.—The
lateral boundaries of the river segment designated
by paragraph (223) of section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added
by clause (i)) shall include an average of not more
than 640 acres per mile measured from the ordinary high water mark on both sides of the river
segment.
(II) DEAUTHORIZATION.—The Elk Creek Project
authorized under the Flood Control Act of 1962
(Public Law 87–874; 76 Stat. 1192) is deauthorized.
(iii) WITHDRAWAL.—Subject to valid existing rights,
the Federal land within the boundaries of the river
segments designated by paragraphs (217) through (223)
of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by clause (i)) is withdrawn
from all forms of—
(I) entry, appropriation, or disposal under the
public land laws;
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(II) location, entry, and patent under the
mining laws; and
(III) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(b) DEVIL’S STAIRCASE WILDERNESS.—
(1) DEFINITIONS.—In this subsection:
(A) MAP.—The term ‘‘map’’ means the map entitled
‘‘Devil’s Staircase Wilderness Proposal’’ and dated July 26,
2018.
(B) SECRETARY.—The term ‘‘Secretary’’ means—
(i) the Secretary, with respect to public land
administered by the Secretary; or
(ii) the Secretary of Agriculture, with respect to
National Forest System land.
(C) STATE.—The term ‘‘State’’ means the State of
Oregon.
(D) WILDERNESS.—The term ‘‘Wilderness’’ means the
Devil’s Staircase Wilderness designated by paragraph (2).
(2) DESIGNATION.—In accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), the approximately 30,621 acres of
Forest Service land and Bureau of Land Management land
in the State, as generally depicted on the map, is designated
as wilderness and as a component of the National Wilderness
Preservation System, to be known as the ‘‘Devil’s Staircase
Wilderness’’.
(3) MAP; LEGAL DESCRIPTION.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall prepare a
map and legal description of the Wilderness.
(B) FORCE OF LAW.—The map and legal description
prepared under subparagraph (A) shall have the same force
and effect as if included in this subsection, except that
the Secretary may correct clerical and typographical errors
in the map and legal description.
(C) AVAILABILITY.—The map and legal description prepared under subparagraph (A) shall be on file and available
for public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(4) ADMINISTRATION.—Subject to valid existing rights, the
area designated as wilderness by this subsection shall be
administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of enactment of this Act; and
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness.
(5) FISH AND WILDLIFE.—Nothing in this subsection affects
the jurisdiction or responsibilities of the State with respect
to fish and wildlife in the State.
(6) ADJACENT MANAGEMENT.—
(A) IN GENERAL.—Nothing in this subsection creates
any protective perimeter or buffer zone around the Wilderness.
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133 STAT. 675
(E) shall be construed as limiting, altering, modifying,
or amending any of the interstate compacts or equitable
apportionment decrees that apportions water among and
between the State and other States.
(2) STATE WATER LAW.—The Secretary shall follow the
procedural and substantive requirements of the State in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
areas.
(j) MEMORANDUM OF UNDERSTANDING.—The Secretary shall
offer to enter into a memorandum of understanding with the
County, in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), to clarify the approval processes for the use of motorized
equipment and mechanical transport for search and rescue activities
in the Muddy Creek Wilderness established by section 1231(a)(13).
SEC. 1233. FISH AND WILDLIFE MANAGEMENT.
Nothing in this subpart affects the jurisdiction of the State
with respect to fish and wildlife on public land located in the
State.
SEC. 1234. RELEASE.
(a) FINDING.—Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), the approximately 17,420 acres of public land
administered by the Bureau of Land Management in the County
that has not been designated as wilderness by section 1231(a)
has been adequately studied for wilderness designation.
(b) RELEASE.—The public land described in subsection (a)—
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with—
(A) applicable law; and
(B) any applicable land management plan adopted
under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
Subpart C—Wild and Scenic River Designation
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SEC. 1241. GREEN RIVER WILD AND SCENIC RIVER DESIGNATION.
(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1205(a)(5)(B)(i))
is amended by adding at the end the following:
‘‘(224) GREEN RIVER.—The approximately 63-mile segment,
as generally depicted on the map entitled ‘Emery County Public
Land Management Act of 2018 Overview Map’ and dated
December 11, 2018, to be administered by the Secretary of
the Interior, in the following classifications:
‘‘(A) WILD RIVER SEGMENT.—The 5.3-mile segment from
the boundary of the Uintah and Ouray Reservation, south
to the Nefertiti boat ramp, as a wild river.
‘‘(B) RECREATIONAL RIVER SEGMENT.—The 8.5-mile segment from the Nefertiti boat ramp, south to the Swasey’s
boat ramp, as a recreational river.
‘‘(C) SCENIC RIVER SEGMENT.—The 49.2-mile segment
from Bull Bottom, south to the county line between Emery
and Wayne Counties, as a scenic river.’’.
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(b) INCORPORATION OF ACQUIRED NON-FEDERAL LAND.—If the
United States acquires any non-Federal land within or adjacent
to a river segment of the Green River designated by paragraph
(224) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by subsection (a)), the acquired land shall be
incorporated in, and be administered as part of, the applicable
wild, scenic, or recreational river.
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Subpart D—Land Management and Conveyances
SEC. 1251. GOBLIN VALLEY STATE PARK.
(a) IN GENERAL.—The Secretary shall offer to convey to the
Utah Division of Parks and Recreation of the Utah Department
of Natural Resources (referred to in this section as the ‘‘State’’),
approximately 6,261 acres of land identified on the Map as the
‘‘Proposed Goblin Valley State Park Expansion’’, without consideration, for the management by the State as a State park, consistent
with uses allowed under the Act of June 14, 1926 (commonly
known as the ‘‘Recreation and Public Purposes Act’’) (44 Stat. 741,
chapter 578; 43 U.S.C. 869 et seq.).
(b) REVERSIONARY CLAUSE REQUIRED.—A conveyance under
subsection (a) shall include a reversionary clause to ensure that
management of the land described in that subsection shall revert
to the Secretary if the land is no longer being managed as a
State park in accordance with subsection (a).
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SEC. 1252. JURASSIC NATIONAL MONUMENT.
(a) ESTABLISHMENT PURPOSES.—To conserve, interpret, and
enhance for the benefit of present and future generations the
paleontological, scientific, educational, and recreational resources
of the area and subject to valid existing rights, there is established
in the State the Jurassic National Monument (referred to in this
section as the ‘‘Monument’’), consisting of approximately 850 acres
of Federal land administered by the Bureau of Land Management
in the County and generally depicted as ‘‘Proposed Jurassic National
Monument’’ on the Map.
(b) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall file with the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a map and legal description of the Monument.
(2) EFFECT.—The map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this section, except that the Secretary may correct clerical
and typographical errors in the map and legal description,
subject to the requirement that, before making the proposed
corrections, the Secretary shall submit to the State and any
affected county the proposed corrections.
(3) PUBLIC AVAILABILITY.—A copy of the map and legal
description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the
Bureau of Land Management.
(c) WITHDRAWAL.—Subject to valid existing rights, any Federal
land within the boundaries of the Monument and any land or
interest in land that is acquired by the United States for inclusion
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(4) BASE PROPERTIES.—If non-Federal land conveyed by
the State under subsection (b)(1) is used by a grazing permittee
or lessee to meet the base property requirements for a Federal
grazing permit or lease, the land shall continue to qualify
as a base property for—
(A) the remaining term of the lease or permit; and
(B) the term of any renewal or extension of the lease
or permit.
(j) WITHDRAWAL OF FEDERAL LAND FROM MINERAL ENTRY PRIOR
TO EXCHANGE.—Subject to valid existing rights, the Federal land
to be conveyed to the State under subsection (b)(1) is withdrawn
from mineral location, entry, and patent under the mining laws
pending conveyance of the Federal land to the State.
Subtitle D—Wild and Scenic Rivers
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SEC. 1301. LOWER FARMINGTON RIVER AND SALMON BROOK WILD
AND SCENIC RIVER.
(a) FINDINGS.—Congress finds that—
(1) the Lower Farmington River and Salmon Brook Study
Act of 2005 (Public Law 109–370) authorized the study of
the Farmington River downstream from the segment designated
as a recreational river by section 3(a)(156) of the Wild and
Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence
with the Connecticut River, and the segment of the Salmon
Brook including its main stem and east and west branches
for potential inclusion in the National Wild and Scenic Rivers
System;
(2) the studied segments of the Lower Farmington River
and Salmon Brook support natural, cultural, and recreational
resources of exceptional significance to the citizens of Connecticut and the Nation;
(3) concurrently with the preparation of the study, the
Lower Farmington River and Salmon Brook Wild and Scenic
Study Committee prepared the Lower Farmington River and
Salmon Brook Management Plan, June 2011 (referred to in
this section as the ‘‘management plan’’), that establishes objectives, standards, and action programs that will ensure the
long-term protection of the outstanding values of the river
segments without Federal management of affected lands not
owned by the United States;
(4) the Lower Farmington River and Salmon Brook Wild
and Scenic Study Committee has voted in favor of Wild and
Scenic River designation for the river segments, and has
included this recommendation as an integral part of the
management plan;
(5) there is strong local support for the protection of the
Lower Farmington River and Salmon Brook, including votes
of support for Wild and Scenic designation from the governing
bodies of all ten communities abutting the study area;
(6) the State of Connecticut General Assembly has endorsed
the designation of the Lower Farmington River and Salmon
Brook as components of the National Wild and Scenic Rivers
System (Public Act 08–37); and
(7) the Rainbow Dam and Reservoir are located entirely
outside of the river segment designated by subsection (b), and,
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133 STAT. 685
based on the findings of the study of the Lower Farmington
River pursuant to Public Law 109–370, this hydroelectric
project (including all aspects of its facilities, operations, and
transmission lines) is compatible with the designation made
by subsection (b).
(b) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1241(a)) is amended
by adding at the end the following:
‘‘(225) LOWER FARMINGTON RIVER AND SALMON BROOK, CONNECTICUT.—Segments of the main stem and its tributary,
Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows:
‘‘(A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the
Lower Collinsville Dam and extending to the site of the
Spoonville Dam in Bloomfield and East Granby as a recreational river.
‘‘(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow
Dam to the confluence with the Connecticut River in
Windsor as a recreational river.
‘‘(C) The approximately 2.4-mile segment of the main
stem of Salmon Brook extending from the confluence of
the East and West Branches to the confluence with the
Farmington River as a recreational river.
‘‘(D) The approximately 12.6-mile segment of the West
Branch of Salmon Brook extending from its headwaters
in Hartland, Connecticut, to its confluence with the East
Branch of Salmon Brook as a recreational river.
‘‘(E) The approximately 11.4-mile segment of the East
Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West
Branch of Salmon Brook as a recreational river.’’.
(c) MANAGEMENT.—
(1) IN GENERAL.—The river segments designated by subsection (b) shall be managed in accordance with the management plan and such amendments to the management plan
as the Secretary determines are consistent with this section.
The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(2) COMMITTEE.—The Secretary shall coordinate the
management responsibilities of the Secretary under this section
with the Lower Farmington River and Salmon Brook Wild
and Scenic Committee, as specified in the management plan.
(3) COOPERATIVE AGREEMENTS.—
(A) IN GENERAL.—In order to provide for the longterm protection, preservation, and enhancement of the river
segment designated by subsection (b), the Secretary is
authorized to enter into cooperative agreements pursuant
to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e), 1282(b)(1)) with—
(i) the State of Connecticut;
(ii) the towns of Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and
Windsor in Connecticut; and
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(iii) appropriate local planning and environmental
organizations.
(B) CONSISTENCY.—All cooperative agreements provided for under this section shall be consistent with the
management plan and may include provisions for financial
or other assistance from the United States.
(4) LAND MANAGEMENT.—
(A) ZONING ORDINANCES.—For the purposes of the segments designated in subsection (b), the zoning ordinances
adopted by the towns in Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and
Windsor in Connecticut, including provisions for conservation of floodplains, wetlands, and watercourses associated
with the segments, shall be deemed to satisfy the standards
and requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)).
(B) ACQUISITION OF LAND.—The provisions of section
6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c))
that prohibit Federal acquisition of lands by condemnation
shall apply to the segments designated in subsection (b).
The authority of the Secretary to acquire lands for the
purposes of the segments designated in subsection (b) shall
be limited to acquisition by donation or acquisition with
the consent of the owner of the lands, and shall be subject
to the additional criteria set forth in the management
plan.
(5) RAINBOW DAM.—The designation made by subsection
(b) shall not be construed to—
(A) prohibit, pre-empt, or abridge the potential future
licensing of the Rainbow Dam and Reservoir (including
any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project
under the Federal Power Act (16 U.S.C. 791a et seq.),
provided that the Commission may, in the discretion of
the Commission and consistent with this section, establish
such reasonable terms and conditions in a hydropower
license for Rainbow Dam as are necessary to reduce impacts
identified by the Secretary as invading or unreasonably
diminishing the scenic, recreational, and fish and wildlife
values of the segments designated by subsection (b); or
(B) affect the operation of, or impose any flow or release
requirements on, the unlicensed hydroelectric facility at
Rainbow Dam and Reservoir.
(6) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Lower Farmington River shall not be administered
as part of the National Park System or be subject to regulations
which govern the National Park System.
(d) FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION.—Section 3(a)(156) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(156)) is amended in the first sentence—
(1) by striking ‘‘14-mile’’ and inserting ‘‘15.1-mile’’; and
(2) by striking ‘‘to the downstream end of the New HartfordCanton, Connecticut town line’’ and inserting ‘‘to the confluence
with the Nepaug River’’.
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SEC. 1302. WOOD-PAWCATUCK WATERSHED WILD AND SCENIC RIVER
SEGMENTS.
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1301(b)) is amended
by adding at the end the following:
‘‘(226) WOOD-PAWCATUCK WATERSHED, RHODE ISLAND AND
CONNECTICUT.—The following river segments within the WoodPawcatuck watershed, to be administered by the Secretary
of the Interior, in cooperation with the Wood-Pawcatuck Wild
and Scenic Rivers Stewardship Council:
‘‘(A) The approximately 11-mile segment of the Beaver
River from its headwaters in Exeter and West Greenwich,
Rhode Island, to its confluence with the Pawcatuck River
in Richmond, Rhode Island, as a scenic river.
‘‘(B) The approximately 3-mile segment of the Chipuxet
River from the Kingstown Road Bridge, South Kingstown,
Rhode Island, to its outlet in Worden Pond, as a wild
river.
‘‘(C) The approximately 9-mile segment of the Green
Fall River from its headwaters in Voluntown, Connecticut,
to its confluence with the Ashaway River in Hopkinton,
Rhode Island, as a scenic river.
‘‘(D) The approximately 3-mile segment of the Ashaway
River from its confluence with the Green Fall River to
its confluence with the Pawcatuck River in Hopkinton,
Rhode Island, as a recreational river.
‘‘(E) The approximately 3-mile segment of the
Pawcatuck River from the Worden Pond outlet in South
Kingstown, Rhode Island, to the South County Trail Bridge,
Charlestown and South Kingstown, Rhode Island, as a
wild river.
‘‘(F) The approximately 4-mile segment of the
Pawcatuck River from South County Trail Bridge, Charlestown and South Kingstown, Rhode Island, to the Carolina
Back Road Bridge in Richmond and Charlestown, Rhode
Island, as a recreational river.
‘‘(G) The approximately 21-mile segment of the
Pawcatuck River from Carolina Back Road Bridge in Richmond and Charlestown, Rhode Island, to the confluence
with Shunock River in Stonington, Connecticut, as a scenic
river.
‘‘(H) The approximately 8-mile segment of the
Pawcatuck River from the confluence with Shunock River
in Stonington, Connecticut, to the mouth of the river
between Pawcatuck Point in Stonington, Connecticut, and
Rhodes Point in Westerly, Rhode Island, as a recreational
river.
‘‘(I) The approximately 11-mile segment of the Queen
River from its headwaters in Exeter and West Greenwich,
Rhode Island, to the Kingstown Road Bridge in South
Kingstown, Rhode Island, as a scenic river.
‘‘(J) The approximately 5-mile segment of the
Usquepaugh River from the Kingstown Road Bridge to
its confluence with the Pawcatuck River in South
Kingstown, Rhode Island, as a wild river.
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‘‘(K) The approximately 8-mile segment of the Shunock
River from its headwaters in North Stonington, Connecticut, to its confluence with the Pawcatuck River as
a recreational river.
‘‘(L) The approximately 13-mile segment of the Wood
River from its headwaters in Sterling and Voluntown, Connecticut, and Exeter and West Greenwich, Rhode Island,
to the Arcadia Road Bridge in Hopkinton and Richmond,
Rhode Island, as a wild river.
‘‘(M) The approximately 11-mile segment of the Wood
River from the Arcadia Road Bridge in Hopkinton and
Richmond, Rhode Island, to the confluence with the
Pawcatuck River in Charlestown, Hopkinton, and Richmond, Rhode Island, as a recreational river.’’.
(b) MANAGEMENT OF RIVER SEGMENTS.—
(1) DEFINITIONS.—In this subsection:
(A) COVERED TRIBUTARY.—The term ‘‘covered tributary’’
means—
(i) each of Assekonk Brook, Breakheart Brook,
Brushy Brook, Canochet Brook, Chickasheen Brook,
Cedar Swamp Brook, Fisherville Brook, Glade Brook,
Glen Rock Brook, Kelly Brook, Locke Brook, Meadow
Brook, Pendleton Brook, Parris Brook, Passquisett
Brook, Phillips Brook, Poquiant Brook, Queens Fort
Brook, Roaring Brook, Sherman Brook, Taney Brook,
Tomaquag Brook, White Brook, and Wyassup Brook
within the Wood-Pawcatuck watershed; and
(ii) any other perennial stream within the WoodPawcatuck watershed.
(B) RIVER SEGMENT.—The term ‘‘river segment’’ means
a river segment designated by paragraph (226) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (a)).
(C) STEWARDSHIP PLAN.—The term ‘‘Stewardship Plan’’
means the plan entitled the ‘‘Wood-Pawcatuck Wild and
Scenic Rivers Stewardship Plan for the Beaver, Chipuxet,
Green Fall-Ashaway, Pawcatuck, Queen-Usquepaugh,
Shunock, and Wood Rivers’’ and dated June 2018, which
takes a watershed approach to the management of the
river segments.
(2) WOOD-PAWCATUCK WILD AND SCENIC RIVERS STEWARDSHIP PLAN.—
(A) IN GENERAL.—The Secretary, in cooperation with
the Wood-Pawcatuck Wild and Scenic Rivers Stewardship
Council, shall manage the river segments in accordance
with—
(i) the Stewardship Plan; and
(ii) any amendment to the Stewardship Plan that
the Secretary determines is consistent with this subsection.
(B) WATERSHED APPROACH.—In furtherance of the
watershed approach to resource preservation and enhancement described in the Stewardship Plan, the covered tributaries are recognized as integral to the protection and
enhancement of the river segments.
(C) REQUIREMENTS FOR COMPREHENSIVE MANAGEMENT
PLAN.—The Stewardship Plan shall be considered to satisfy
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133 STAT. 689
each requirement for a comprehensive management plan
required under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
(3) COOPERATIVE AGREEMENTS.—To provide for the longterm protection, preservation, and enhancement of each river
segment, in accordance with sections 10(e) and 11(b)(1) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)),
the Secretary may enter into cooperative agreements (which
may include provisions for financial or other assistance from
the Federal Government) with—
(A) the States of Connecticut and Rhode Island;
(B) political subdivisions of the States of Connecticut
and Rhode Island, including—
(i) the towns of North Stonington, Sterling,
Stonington, and Voluntown, Connecticut; and
(ii) the towns of Charlestown, Exeter, Hopkinton,
North Kingstown, Richmond, South Kingstown, Westerly, and West Kingstown, Rhode Island;
(C) the Wood-Pawcatuck Wild and Scenic Rivers
Stewardship Council; and
(D) any appropriate nonprofit organization, as determined by the Secretary.
(4) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), each river segment shall not be—
(A) administered as a unit of the National Park
System; or
(B) subject to the laws (including regulations) that
govern the administration of the National Park System.
(5) LAND MANAGEMENT.—
(A) ZONING ORDINANCES.—The zoning ordinances
adopted by the towns of North Stonington, Sterling,
Stonington, and Voluntown, Connecticut, and Charlestown,
Exeter, Hopkinton, North Kingstown, Richmond, South
Kingstown, Westerly, and West Greenwich, Rhode Island
(including any provision of the zoning ordinances relating
to the conservation of floodplains, wetlands, and watercourses associated with any river segment), shall be considered to satisfy the standards and requirements described
in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(B) VILLAGES.—For purposes of section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), each town
described in subparagraph (A) shall be considered to be
a village.
(C) ACQUISITION OF LAND.—
(i) LIMITATION OF AUTHORITY OF SECRETARY.—With
respect to each river segment, the Secretary may only
acquire parcels of land—
(I) by donation; or
(II) with the consent of the owner of the parcel
of land.
(ii) PROHIBITION RELATING TO THE ACQUISITION OF
LAND BY CONDEMNATION.—In accordance with 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)),
with respect to each river segment, the Secretary may
not acquire any parcel of land by condemnation.
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133 STAT. 690
PUBLIC LAW 116–9—MAR. 12, 2019
SEC. 1303. NASHUA WILD AND SCENIC RIVERS, MASSACHUSETTS AND
NEW HAMPSHIRE.
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16 USC 1274
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(a) DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 1302(a)) is amended by adding at the
end the following:
‘‘(227) NASHUA, SQUANNACOOK, AND NISSITISSIT WILD AND
SCENIC RIVERS, MASSACHUSETTS AND NEW HAMPSHIRE.—
‘‘(A) The following segments in the Commonwealth of
Massachusetts and State of New Hampshire, to be administered by the Secretary of the Interior as a scenic river:
‘‘(i) The approximately 27-mile segment of the
mainstem of the Nashua River from the confluence
of the North and South Nashua Rivers in Lancaster,
Massachusetts, and extending north to the Massachusetts-New Hampshire border, except as provided in
subparagraph (B).
‘‘(ii) The approximately 16.3-mile segment of the
Squannacook River from its headwaters in Ash Swamp,
Townsend, Massachusetts, extending downstream to
the confluence of the river with the Nashua River
in Shirley/Ayer, Massachusetts, except as provided in
subparagraph (B).
‘‘(iii) The approximately 9.5-mile segment of the
Nissitissit River from its headwaters in Brookline, New
Hampshire, to the confluence of the river with the
Nashua River in Pepperell, Massachusetts.
‘‘(B) EXCLUSION AREAS.—The designation of the river
segments in subparagraph (A) shall exclude—
‘‘(i) with respect to the Ice House hydroelectric
project (FERC P–12769), from 700 feet upstream from
the crest of the dam to 500 feet downstream from
the crest of the dam;
‘‘(ii) with respect to the Pepperell hydroelectric
project (FERC P12721), from 9,240 feet upstream from
the crest of the dam to 1,000 feet downstream from
the crest of the dam; and
‘‘(iii) with respect to the Hollingsworth and Vose
dam (non-FERC), from 1,200 feet upstream from the
crest of the dam to 2,665 feet downstream from the
crest of the dam.’’.
(b) MANAGEMENT.—
(1) PROCESS.—
(A) IN GENERAL.—The river segments designated by
paragraph (227) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(a)) shall be managed in accordance with—
(i) the Nashua, Squannacook, and Nissitissit
Rivers Stewardship Plan developed pursuant to the
study described in section 5(b)(21) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(b)(21)) (referred to
in this subsection as the ‘‘management plan’’), dated
February 15, 2018; and
(ii) such amendments to the management plan
as the Secretary determines are consistent with this
section and as are approved by the Nashua,
Squannacook, and Nissitissit Rivers Stewardship
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PUBLIC LAW 116–9—MAR. 12, 2019
133 STAT. 691
Council (referred to in this subsection as the ‘‘Stewardship Council’’).
(B) COMPREHENSIVE MANAGEMENT PLAN.—The management plan shall be considered to satisfy the requirements
for a comprehensive management plan under section 3(d)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(2) COMMITTEE.—The Secretary shall coordinate the
management responsibilities of the Secretary under this section
with the Stewardship Council, as specified in the management
plan.
(3) COOPERATIVE AGREEMENTS.—
(A) IN GENERAL.—In order to provide for the longterm protection, preservation, and enhancement of the river
segments designated by paragraph (227) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (a)), the Secretary may enter into
cooperative agreements pursuant to sections 10(e) and
11(b)(1) of that Act (16 U.S.C. 1281(e), 1282(b)(1)) with—
(i) the Commonwealth of Massachusetts and the
State of New Hampshire;
(ii) the municipalities of—
(I) Ayer, Bolton, Dunstable, Groton, Harvard,
Lancaster, Pepperell, Shirley, and Townsend in
Massachusetts; and
(II) Brookline and Hollis in New Hampshire;
and
(iii) appropriate local, regional, State, or
multistate, planning, environmental, or recreational
organizations.
(B) CONSISTENCY.—Each cooperative agreement
entered into under this paragraph shall be consistent with
the management plan and may include provisions for financial or other assistance from the United States.
(4) EFFECT ON WORKING DAMS.—
(A) IN GENERAL.—The designation of the river segments by paragraph (227) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)), does not—
(i) impact or alter the existing terms of permitting,
licensing, or operation of—
(I) the Pepperell hydroelectric project (FERC
Project P–12721, Nashua River, Pepperell, MA);
(II) the Ice House hydroelectric project (FERC
Project P–12769, Nashua River, Ayer, MA); or
(III) the Hollingsworth and Vose Dam (nonFERC industrial facility, Squannacook River, West
Groton, MA) as further described in the management plan (Appendix A, ‘‘Working Dams’’); or
(ii) preclude the Federal Energy Regulatory
Commission from licensing, relicensing, or otherwise
authorizing the operation or continued operation of
the Pepperell and Ice House hydroelectric projects
under the terms of licenses or exemptions in effect
on the date of enactment of this Act; or
(iii) limit actions taken to modernize, upgrade, or
carry out other changes to such projects authorized
pursuant to clause (i), subject to written determination
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133 STAT. 692
PUBLIC LAW 116–9—MAR. 12, 2019
by the Secretary that the changes are consistent with
the purposes of the designation.
(5) LAND MANAGEMENT.—
(A) ZONING ORDINANCES.—For the purpose of the segments designated by paragraph (227) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by subsection (a)), the zoning ordinances adopted
by the municipalities described in paragraph (3)(A)(ii),
including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall
be deemed to satisfy the standards and requirements of
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(B) ACQUISITIONS OF LANDS.—The authority of the Secretary to acquire land for the purposes of the segments
designated by paragraph (227) of section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
subsection (a)) shall be—
(i) limited to acquisition by donation or acquisition
with the consent of the owner of the land; and
(ii) subject to the additional criteria set forth in
the management plan.
(C) NO CONDEMNATION.—No land or interest in land
within the boundary of the river segments designated by
paragraph (227) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(a)) may be acquired by condemnation.
(6) RELATION TO THE NATIONAL PARK SYSTEM.—Notwithstanding section 10(c) of the Wild and Scenic Rivers Act(16
U.S.C. 1281(c)), each segment of the Nashua, Squannacook,
and Nissitissit Rivers designated as a component of the Wild
and Scenic Rivers System under this section shall not—
(A) be administered as a unit of the National Park
System; or
(B) be subject to regulations that govern the National
Park System.
Subtitle E—California Desert Protection
and Recreation
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16 USC
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SEC. 1401. DEFINITIONS.
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In this subtitle:
(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’
means the California Desert Conservation Area.
(2) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary, with respect to land administered
by the Department of the Interior; or
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(3) STATE.—The term ‘‘State’’ means the State of California.
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133 STAT. 716
PUBLIC LAW 116–9—MAR. 12, 2019
SEC. 1456. CALIFORNIA STATE SCHOOL LAND.
Section 707 of the California Desert Protection Act of 1994
(16 U.S.C. 410aaa–77) is amended—
(1) in subsection (a)—
(A) in the first sentence—
(i) by striking ‘‘Upon request of the California State
Lands Commission (hereinafter in this section referred
to as the ‘Commission’), the Secretary shall enter into
negotiations for an agreement’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary shall negotiate in good
faith to reach an agreement with the California State Lands
Commission (referred to in this section as the ‘Commission’)’’;
and
(ii) by inserting ‘‘, national monuments, off-highway vehicle recreation areas,’’ after ‘‘more of the wilderness areas’’; and
(B) in the second sentence, by striking ‘‘The Secretary
shall negotiate in good faith to’’ and inserting the following:
‘‘(2) AGREEMENT.—To the maximum extent practicable, not
later than 10 years after the date of enactment of this title,
the Secretary shall’’; and
(2) in subsection (b)(1), by inserting ‘‘, national monuments,
off-highway vehicle recreation areas,’’ after ‘‘wilderness areas’’.
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SEC. 1457. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) AMARGOSA RIVER, CALIFORNIA.—Section 3(a)(196)(A) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(196)(A)) is amended
to read as follows:
‘‘(A) The approximately 7.5-mile segment of the
Amargosa River in the State of California, the private
property boundary in sec. 19, T. 22 N., R. 7 E., to 100
feet upstream of the Tecopa Hot Springs Road crossing,
to be administered by the Secretary of the Interior as
a scenic river.’’.
(b) ADDITIONAL SEGMENTS.—Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1303(a))
is amended by adding at the end the following:
‘‘(228) SURPRISE CANYON CREEK, CALIFORNIA.—
‘‘(A) IN GENERAL.—The following segments of Surprise
Canyon Creek in the State of California, to be administered
by the Secretary of the Interior:
‘‘(i) The approximately 5.3 miles of Surprise
Canyon Creek from the confluence of Frenchman’s
Canyon and Water Canyon to 100 feet upstream of
Chris Wicht Camp, as a wild river.
‘‘(ii) The approximately 1.8 miles of Surprise
Canyon Creek from 100 feet upstream of Chris Wicht
Camp to the southern boundary of sec. 14, T. 21 S.,
R. 44 E., as a recreational river.
‘‘(B) EFFECT ON HISTORIC MINING STRUCTURES.—
Nothing in this paragraph affects the historic mining structures associated with the former Panamint Mining District.
‘‘(229) DEEP CREEK, CALIFORNIA.—
‘‘(A) IN GENERAL.—The following segments of Deep
Creek in the State of California, to be administered by
the Secretary of Agriculture:
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133 STAT. 717
‘‘(i) The approximately 6.5-mile segment from 0.125
mile downstream of the Rainbow Dam site in sec.
33, T. 2 N., R. 2 W., San Bernardino Meridian, to
0.25 miles upstream of the Road 3N34 crossing, as
a wild river.
‘‘(ii) The 0.5-mile segment from 0.25 mile upstream
of the Road 3N34 crossing to 0.25 mile downstream
of the Road 3N34 crossing, as a scenic river.
‘‘(iii) The 2.5-mile segment from 0.25 miles downstream of the Road 3 N. 34 crossing to 0.25 miles
upstream of the Trail 2W01 crossing, as a wild river.
‘‘(iv) The 0.5-mile segment from 0.25 miles
upstream of the Trail 2W01 crossing to 0.25 mile downstream of the Trail 2W01 crossing, as a scenic river.
‘‘(v) The 10-mile segment from 0.25 miles downstream of the Trail 2W01 crossing to the upper limit
of the Mojave dam flood zone in sec. 17, T. 3 N.,
R. 3 W., San Bernardino Meridian, as a wild river.
‘‘(vi) The 11-mile segment of Holcomb Creek from
100 yards downstream of the Road 3N12 crossing to
.25 miles downstream of Holcomb Crossing, as a recreational river.
‘‘(vii) The 3.5-mile segment of the Holcomb Creek
from 0.25 miles downstream of Holcomb Crossing to
the Deep Creek confluence, as a wild river.
‘‘(B) EFFECT ON SKI OPERATIONS.—Nothing in this paragraph affects—
‘‘(i) the operations of the Snow Valley Ski Resort;
or
‘‘(ii) the State regulation of water rights and water
quality associated with the operation of the Snow
Valley Ski Resort.
‘‘(230) WHITEWATER RIVER, CALIFORNIA.—The following segments of the Whitewater River in the State of California, to
be administered by the Secretary of Agriculture and the Secretary of the Interior, acting jointly:
‘‘(A) The 5.8-mile segment of the North Fork Whitewater River from the source of the River near Mt. San
Gorgonio to the confluence with the Middle Fork, as a
wild river.
‘‘(B) The 6.4-mile segment of the Middle Fork Whitewater River from the source of the River to the confluence
with the South Fork, as a wild river.
‘‘(C) The 1-mile segment of the South Fork Whitewater
River from the confluence of the River with the East Fork
to the section line between sections 32 and 33, T. 1 S.,
R. 2 E., San Bernardino Meridian, as a wild river.
‘‘(D) The 1-mile segment of the South Fork Whitewater
River from the section line between sections 32 and 33,
T. 1 S., R. 2 E., San Bernardino Meridian, to the section
line between sections 33 and 34, T. 1 S., R. 2 E., San
Bernardino Meridian, as a recreational river.
‘‘(E) The 4.9-mile segment of the South Fork Whitewater River from the section line between sections 33 and
34, T. 1 S., R. 2 E., San Bernardino Meridian, to the
confluence with the Middle Fork, as a wild river.
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‘‘(F) The 5.4-mile segment of the main stem of the
Whitewater River from the confluence of the South and
Middle Forks to the San Gorgonio Wilderness boundary,
as a wild river.
‘‘(G) The 3.6-mile segment of the main stem of the
Whitewater River from the San Gorgonio Wilderness
boundary to .25 miles upstream of the southern boundary
of section 35, T. 2 S., R. 3 E., San Bernardino Meridian,
as a recreational river.’’.
SEC. 1458. CONFORMING AMENDMENTS.
(a) SHORT TITLE.—Section 1 of the California Desert Protection
Act of 1994 (16 U.S.C. 410aaa note; Public Law 103–433) is amended
by striking ‘‘1 and 2, and titles I through IX’’ and inserting ‘‘1,
2, and 3, titles I through IX, and titles XIII and XIV’’.
(b) DEFINITIONS.—The California Desert Protection Act of 1994
(Public Law 103–433; 108 Stat. 4471) is amended by inserting
after section 2 the following:
16 USC 410aaa
note.
‘‘SEC. 3. DEFINITIONS.
‘‘(a) TITLES I THROUGH IX.—In titles I through IX, the term
‘this Act’ means only—
‘‘(1) sections 1 and 2; and
‘‘(2) titles I through IX.
‘‘(b) TITLES XIII AND XIV.—In titles XIII and XIV:
‘‘(1) CONSERVATION AREA.—The term ‘Conservation Area’
means the California Desert Conservation Area.
‘‘(2) SECRETARY.—The term ‘Secretary’ means—
‘‘(A) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior;
and
‘‘(B) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture.
‘‘(3) STATE.—The term ‘State’ means the State of California.’’.
SEC. 1459. JUNIPER FLATS.
The California Desert Protection Act of 1994 is amended by
striking section 711 (16 U.S.C. 410aaa–81) and inserting the following:
16 USC
410aaa–81.
‘‘SEC. 711. JUNIPER FLATS.
‘‘Development of renewable energy generation facilities
(excluding rights-of-way or facilities for the transmission of energy
and telecommunication facilities and infrastructure) is prohibited
on the approximately 27,990 acres of Federal land generally
depicted as ‘BLM Land Unavailable for Energy Development’ on
the map entitled ‘Juniper Flats’ and dated November 7, 2018.’’.
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SEC. 1460. CONFORMING AMENDMENTS TO CALIFORNIA MILITARY
LANDS WITHDRAWAL AND OVERFLIGHTS ACT OF 1994.
(a) FINDINGS.—Section 801(b)(2) of the California Military
Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa–
82 note; Public Law 103–433) is amended by inserting ‘‘, special
management areas, off-highway vehicle recreation areas, scenic
areas,’’ before ‘‘and wilderness areas’’.
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| File Type | application/pdf |
| File Title | complete-act.pdf |
| Author | jmaccartney |
| File Modified | 2019-11-18 |
| File Created | 2017-01-30 |