16 U.S.C. § 1275 — Additions to national wild and scenic riv-

Page 1735 TITLE 16—CONSERVATION § 1275 interest in land by condemnation within the boundary of the river segment designated by subsec. (a)(209) of this section and provided that an activity or use out- side the boundary of the segment would not be pre- cluded, notwithstanding the designation of the segment as a component of the national wild and scenic rivers system and the fact that the activity or use could be seen or heard within the boundary of the segment. WEST VIRGINIA; WILD AND SCENIC RIVER SEGMENTS OF BLUESTONE AND MEADOW RIVERS; PUBLIC AWARENESS PROGRAM Pub. L. 100–534, title IV, § 403, Oct. 26, 1988, 102 Stat. 2707, directed Secretary of the Interior to establish a public awareness program to be carried out in Mercer, Nicholas, and Greenbrier Counties, West Virginia, in cooperation with State and local agencies, landowners, and other concerned organizations, to further public understanding of the effects of designation as compo- nents of National Wild and Scenic Rivers System of segments of Bluestone and Meadow Rivers which were found eligible in studies completed by National Park Service in August 1983 but which were not designated as units of such system, with Secretary to submit a re- port to Committee on Interior and Insular Affairs of United States House of Representatives and to Com- mittee on Energy and Natural Resources of United States Senate by Dec. 31, 1992, describing the program. WYOMING; DEFINITIONS; ADMINISTRATION OF WILD AND SCENIC RIVER SEGMENTS OF SNAKE RIVER HEADWATERS Pub. L. 111–11, title V, § 5002(c), (e), Mar. 30, 2009, 123 Stat. 1148, 1150, as amended by Pub. L. 114–289, title VI, § 601(j), Dec. 16, 2016, 130 Stat. 1491, provided for admin- istration of Wild and Scenic River segments of Snake River Headwaters; required Secretary concerned to de- velop a management plan for each such river segment and apply for quantification of water rights reserved by each such river segment; allowed such Secretary to carry out activities at United States Geological Survey stream gauges on the Snake River; prohibited such Sec- retary’s acquisition of property or interest in property within such river segments without owner’s consent; and enacted savings provisions. Executive Documents CHANGE OF NAME Ex. Ord. No. 13428, Apr. 2, 2007, 72 F.R. 16693, provided that the Caribbean National Forest in the Common- wealth of Puerto Rico, referred to in subsec. (a)(166), is renamed the ‘‘El Yunque National Forest’’. § 1275. Additions to national wild and scenic riv- ers system (a) Reports by Secretaries of the Interior and Ag- riculture; recommendations to Congress; con- tents of reports The Secretary of the Interior or, where na- tional 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 non- suitability for addition to the national wild and scenic rivers system of rivers which are des- ignated herein or hereafter by the Congress as potential additions to such system. The Presi- dent shall report to the Congress his rec- ommendations and proposals with respect to the designation of each such river or section thereof under this chapter. Such studies shall be com- pleted and such reports shall be made to the Congress with respect to all rivers named in sec- tion 1276(a) (1) through (27) of this title 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 (i) with respect to which there is the greatest likelihood of developments which, if under- taken, would render the rivers unsuitable for in- clusion in the national wild and scenic rivers system, and (ii) which possess the greatest pro- portion of private lands within their areas. Every such study and plan shall be coordinated with any water resources planning involving the same river which is being conducted pursuant to the Water Resources Planning Act [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 substan- tially within a national forest, shall be the De- partment 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 land and of administering the area, should it be added to the system. Each such report shall be printed as a Senate or House document. (b) Study of report by affected Federal and State officials; recommendations and comments; transmittal to President and Congress Before submitting any such report to the President and the Congress, copies of the pro- posed report shall, unless it was prepared jointly by the Secretary of the Interior and the Sec- retary of Agriculture, be submitted by the Sec- retary of the Interior to the Secretary of Agri- culture or by the Secretary of Agriculture to the Secretary of the Interior, as the case may be, and to the Secretary of the Army, the Secretary of Energy, the head of any other affected Fed- eral department or agency and, unless 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 of 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 recommenda- tions or comments on the proposal which the said officials furnish the Secretary or Secre- taries who prepared the report within ninety days of the date on which the report is sub- mitted to them, together with the Secretary’s or Secretaries’ comments thereon, shall be in- cluded with the transmittal to the President and the Congress. (c) Publication in Federal Register Before approving or disapproving for inclusion in the national wild and scenic rivers system any river designated as a wild, scenic or rec- reational river by or pursuant to an act of a State legislature, the Secretary of the Interior shall submit the proposal to the Secretary of Page 1736 TITLE 16—CONSERVATION § 1276 Agriculture, the Secretary of the Army, the Sec- retary of Energy, and the head of any other af- fected Federal department or agency and shall evaluate and give due weight to any rec- ommendations or comments which the said offi- cials furnish him within ninety days of the date on which it is submitted to them. If he approves the proposed inclusion, he shall publish notice thereof in the Federal Register. (d) Areas comprised by boundaries; scope of study report The boundaries of any river proposed in sec- tion 1276(a) of this title for potential addition to the National Wild and Scenic Rivers System shall generally comprise that area measured within one-quarter mile from the ordinary high water mark on each side of the river. In the case of any designated river, prior to publication of boundaries pursuant to section 1274(b) of this title, the boundaries also shall comprise the same area. This subsection shall not be con- strued to limit the possible scope of the study report to address areas which may lie more than one-quarter mile from the ordinary high water mark on each side of the river. (Pub. L. 90–542, § 4, Oct. 2, 1968, 82 Stat. 909; Pub. L. 93–279, § 1(b)(1), May 10, 1974, 88 Stat. 122; Pub. L. 93–621, § 1(d), Jan. 3, 1975, 88 Stat. 2096; Pub. L. 94–486, title V, § 501, Oct. 12, 1976, 90 Stat. 2330; Pub. L. 95–91, title III, § 301(b), Aug. 4, 1977, 91 Stat. 578; Pub. L. 99–590, title V, § 502, Oct. 30, 1986, 100 Stat. 3335.) Editorial Notes REFERENCES IN TEXT The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, which is classified generally to chapter 19B (§ 1962 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1962 of Title 42 and Tables. AMENDMENTS 1986—Subsec. (d). Pub. L. 99–590 added subsec. (d). 1976—Subsec. (b). Pub. L. 94–486 struck out provision which directed that no river be added to the national wild and scenic river system after October 2, 1968, until the close of the next full session of the State legisla- ture or legislatures, if more than one State was in- volved, which began following submission of the pro- posed addition to the President. 1975—Subsec. (a). Pub. L. 93–621, in first paragraph, designated provision relating to the developments, which, if undertaken, would render the rivers unsuit- able for inclusion in the system as cl. (i), and added cl. (ii). 1974—Subsec. (a). Pub. L. 93–279, in first paragraph, substituted provisions requiring submission of reports to the President on the suitability or nonsuitability for addition to the national wild and scenic river system of rivers designated by Congress as potential additions to such system, and submission by President of rec- ommendations and proposals to the Congress, for provi- sions for submission of proposals to the President and the Congress, struck out reference to section 1273(b) of this title and administration by an agency of the United States, inserted provisions that the studies re- lating to rivers named in section 1276(a) of this title be completed by Oct. 2, 1978, and that the Secretary of the Interior and the Secretary of Agriculture give priority to rivers which may be unsuitable for inclusion in the national wild and scenic river system if developments were undertaken, and in second paragraph, substan- tially incorporated the existing provisions with minor changes. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Chairman of the Federal Power Commission’’ in subsecs. (b) and (c) pursuant to Pub. L. 95–91, § 301(b), which is classified to section 7151(b) of Title 42, The Public Health and Wel- fare. The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42. § 1276. Rivers constituting potential additions to national wild and scenic rivers system (a) Enumeration of designated rivers The following rivers are hereby designated for potential addition to the national wild and sce- nic rivers system: (1) Allegheny, Pennsylvania: The segment from its mouth to the town of East Brady, Penn- sylvania. (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 be- tween Ridgway and its confluence with the Alle- gheny River. (6) Delaware, Pennsylvania and New York: The segment from Hancock, New York, to Matamoras, Pennsylvania. (7) Flathead, Montana: The North Fork from the Canadian border downstream to its con- fluence with the Middle Fork; the Middle Fork from its headwaters to its confluence with the South Fork; and the South Fork from its origin 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 Negly and Elkton, Ohio, downstream to a point in the vicinity of East Liverpool, Ohio. (11) Little Miami, Ohio: That segment of the main stem of the river, exclusive of its tribu- taries, from a point at the Warren-Clermont County line at Loveland, Ohio, upstream to the sources of Little Miami including North Fork. (12) Maumee, Ohio and Indiana: The main stem from Perrysburg, Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and inclusive of its tributaries in Indiana. (13) Missouri, Montana: The segment between Fort Benton and Ryan Island. (14) Moyie, Idaho: The segment from the Cana- dian 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.