16 U.S.C. § 1285b — Establishment of boundaries for certain

Page 1754 TITLE 16—CONSERVATION § 1285 easements and rights-of-way upon, over, under, across, or through any component of the na- tional wild and scenic rivers system in accord- ance with the laws applicable to the national park system and the national forest system, re- spectively: Provided, That any conditions prece- dent to granting such easements and rights-of- way shall be related to the policy and purpose of this chapter. (Pub. L. 90–542, § 13, Oct. 2, 1968, 82 Stat. 917.) § 1285. Claim and allowance of charitable deduc- tion for contribution or gift of easement The claim and allowance of the value of an easement as a charitable contribution under sec- tion 170 of title 26, or as a gift under section 2522 of said title shall constitute an agreement by the donor on behalf of himself, his heirs, and as- signs that, if the terms of the instrument cre- ating the easement are violated, the donee or the United States may acquire the servient es- tate 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. (Pub. L. 90–542, § 14, Oct. 2, 1968, 82 Stat. 918.) § 1285a. Lease of Federal lands (a) Authority of Secretary; restrictive covenants Where appropriate in the discretion of the Sec- retary, he may lease federally owned land (or any interest therein) which is within the bound- aries of any component of the National Wild and Scenic Rivers System and which has been ac- quired by the Secretary under this chapter. Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of this chapter. (b) Offer to prior owner Any land to be leased by the Secretary under this section shall be offered first for such lease to the person who owned such land immediately before its acquisition by the United States. (Pub. L. 90–542, § 14A, as added Pub. L. 95–625, title VII, § 764, Nov. 10, 1978, 92 Stat. 3534.) § 1285b. Establishment of boundaries for certain component rivers in Alaska; withdrawal of minerals Notwithstanding any other provision to the contrary in sections 1274 and 1280 of this title, with respect to components of the National Wild and Scenic Rivers System in Alaska designated by paragraphs (38) through (50) of section 1274(a) of this title — (1) the boundary of each such river shall in- clude an average of not more than six hundred and forty acres per mile on both sides of the river. Such boundary shall not include any lands owned by the State or a political sub- division of the State nor shall such boundary extend around any private lands adjoining the river in such manner as to surround or effec- tively surround such private lands; and (2) the withdrawal made by paragraph (iii) of section 1280(a) of this title shall apply to the minerals in Federal lands which constitute the bed or bank or are situated within one-half mile of the bank of any river designated a wild river by the Alaska National Interest Lands Conservation Act. (Pub. L. 90–542, § 15, as added Pub. L. 96–487, title VI, § 606(a), Dec. 2, 1980, 94 Stat. 2416.) Editorial Notes REFERENCES IN TEXT The Alaska National Interest Lands Conservation Act, referred to in par. (2), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 1286. Definitions As used in this chapter, the term— (a) ‘‘River’’ means a flowing body of water or estuary or a section, portion, or tributary there- of, including rivers, streams, creeks, runs, kills, rills, and small lakes. (b) ‘‘Free-flowing’’, as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diver- sion, straightening, rip-rapping, or other modi- fication of the waterway. The existence, how- ever, of low dams, diversion works, and other minor structures at the time any river is pro- posed for inclusion in the national wild and sce- nic 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 struc- tures within components of the national wild and scenic rivers system. (c) ‘‘Scenic easement’’ means the right to con- trol the use of land (including the air space above such land) within the authorized bound- aries of a component of the wild and scenic riv- ers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area, but such control shall not affect, without the owner’s consent, any reg- ular use exercised prior to the acquisition of the easement. For any designated wild and scenic river, the appropriate Secretary shall treat the acquisition of fee title with the reservation of regular existing uses to the owner as a scenic easement for purposes of this chapter. Such an acquisition shall not constitute fee title owner- ship for purposes of section 1277(b) of this title. (Pub. L. 90–542, § 16, formerly § 15, Oct. 2, 1968, 82 Stat. 918; Pub. L. 93–279, § 1(c), May 10, 1974, 88 Stat. 123; renumbered Pub. L. 96–487, title VI, § 606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99–590, title V, § 510, Oct. 30, 1986, 100 Stat. 3337.) Editorial Notes AMENDMENTS 1986—Subsec. (c). Pub. L. 99–590 inserted provisions relating to function of appropriate Secretary with re- spect to acquisition of fee title. 1974—Subsec. (c). Pub. L. 93–279 substituted ‘‘within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or rec- reational river area’’ for ‘‘for the purposes of protecting the scenic view from the river’’. § 1287. Authorization of appropriations There are hereby authorized to be appro- priated, including such sums as have heretofore