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16 U.S.C. § 1281 — Administration

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1281 — Administration

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Source location: Title 16, Chapter 28, § 1281; chapter-028-wild-and-scenic-rivers.md

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**(a) Public use and enjoyment of components; protection of features; management plans** Each component of the national wild and scenic rivers system shall be administered in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith, limiting other uses that do not substantially interfere with public use and enjoyment of these values. In such administration primary emphasis shall be given to protecting its esthetic, scenic, historic, archeologic, and scientific features. Management plans for any such component may establish varying degrees of intensity for its protection and development, based on the special attributes of the area. **(b) Wilderness areas** Any portion of a component of the national wild and scenic rivers system that is within the national wilderness preservation system, as established by or pursuant to the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.], shall be subject to the provisions of both the Wilderness Act and this chapter with respect to preservation of such river and its immediate environment, and in case of conflict between the provisions of the Wilderness Act and this chapter the more restrictive provisions shall apply. **(c) Areas administered by National Park Service and Fish and Wildlife Service** Any component of the national wild and scenic rivers system that is administered by the Secretary of the Interior through the National Park Service shall become a part of the national park system, and any such component that is administered by the Secretary through the Fish and Wildlife Service shall become a part of the national wildlife refuge system. The lands involved shall be subject to the provisions of this chapter and the Acts under which the national park system or national wildlife system, as the case may be, is administered, and in case of conflict between the provisions of this chapter and such Acts, the more restrictive provisions shall apply. The Secretary of the Interior, in his administration of any component of the national wild and scenic rivers system, may utilize such general statutory authorities relating to areas of the national park system and such general statutory authorities otherwise available to him for recreation and preservation purposes and for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this chapter. **(d) Statutory authorities relating to national forests** The Secretary of Agriculture, in his administration of any component of the national wild and scenic rivers system area, may utilize the general statutory authorities relating to the national forests in such manner as he deems appropriate to carry out the purposes of this chapter. **(e) Cooperative agreements with State and local governments** The Federal agency charged with the administration of any component of the national wild and scenic rivers system may enter into written cooperative agreements with the Governor of a State, the head of any State agency, or the appropriate official of a political subdivision of a State for State or local governmental participation in the administration of the component. The States and their political subdivisions shall be encouraged to cooperate in the planning and administration of components of the system which include or adjoin State- or county-owned lands.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1278 — Restrictions on water resources projects

**(a) Construction projects licensed by Federal Energy Regulatory Commission** The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063), as amended ([16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.), on or directly affecting any river which is designated in [section 1274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1274&num=0&edition=prelim) 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 project 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. 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 designation of a river as a component of the National Wild and Scenic Rivers System. No department or agency of the United States shall recommend authorization of any water resources project 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 con

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1271 — Congressional declaration of policy

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 outstandingly 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 present 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 in their free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1131 — National Wilderness Preservation System

**(a) Establishment; Congressional declaration of policy; wilderness areas; administration for public use and enjoyment, protection, preservation, and gathering and dissemination of information; provisions for designation as wilderness areas** In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as “wilderness areas”, and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as “wilderness areas” except as provided for in this chapter or by a subsequent Act. **(b) Management of area included in System; appropriations** The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No appropriation shall be available for the p

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1274 — Component rivers and adjacent lands

**(a) Designation** The following rivers and the land adjacent thereto are hereby designated as components of the national wild and scenic rivers system: (1) **Clearwater, Middle Fork, Idaho—** — 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) **Eleventh Point, Missouri—** — The segment of the river extending downstream from Thomasville to State Highway 142; to be administered by the Secretary of Agriculture. (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. (4) **Rio Grande, New Mexico—** — The segment 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) **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 th

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1131 — National Wilderness Preservation System

Page 1611 TITLE 16—CONSERVATION § 1131 or of any person employed by, or assigned or de- tailed to, the Commission. (b) Payment; exemption of property from attach- ment, execution, etc. Any liability of the Commission shall be met from funds of the Commission to the extent that it is not covered by insurance, or otherwise. Property belonging to the Commission shall be exempt from attachment, execution, or other process for satisfaction of claims, debts, or judg- ments. (c) Individual members of Commission No liability of the Commission shall be im- puted to any member of the Commission solely on the basis that he occupies the position of member of the Commission. (Pub. L. 88–363, § 11, July 7, 1964, 78 Stat. 301.) § 1111. Exemption from taxation The Commission shall not be subject to Fed- eral, State, or municipal taxation in the United States on any real or personal property held by it or on any gift, bequest, or devise to it of any personal or real property, or on its income, whether from governmental appropriations, ad- mission fees, concessions, or donations. (Pub. L. 88–363, § 12, July 7, 1964, 78 Stat. 301.) § 1112. Tax treatment of any gift, devise or be- quest to the Commission For the purpose of Federal income, estate, and gift taxes, any gift, devise, or bequest to or for the use of the Commission, and accepted by the Commission under authority of this chapter, shall be deemed to be a gift, devise, or bequest to or for the use of the United States, as the case may be, if it is not deducted as a gift, de- vise, or bequest to or for the use of the Govern- ment of Canada under the income, estate, or gift tax laws of the Government of Canada. (Pub. L. 88–363, § 13, July 7, 1964, 78 Stat. 301.) § 1113. Authorization of appropriations T

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1281 — Administration

Page 1751 TITLE 16—CONSERVATION § 1281 standing the foregoing provisions of this sub- section or any other provision of this chapter, all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel on both sides of the river segments referred to in paragraphs (77) through (88) of section 1276(a) of this title 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, amend- ments thereto, during the periods specified in section 1278(b) of this title. (Pub. L. 90–542, § 9, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96–487, title VI, § 606(b), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99–590, title V, § 507, Oct. 30, 1986, 100 Stat. 3336.) Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–590 substituted ‘‘issuance of leases’’ for ‘‘issuance or leases’’. 1980—Subsec. (b). Pub. L. 96–487 inserted provision withdrawing, subject to valid existing rights, all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel or both sides of the river segments referred to in section 1276(a)(77) through (88) of this title, from all forms of appropriations under the mining laws and op- eration of the mineral leasing laws during the periods specified in section 1278(b) of this title. § 1281. Administration (a) Public use and enjoyment of components; protection of features; management plans Each component of the national wild and sce- nic 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,

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