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land users to have reasonable access to their lands or timber rights: Provided further, That private lands included in the national recreation or scenic trails by cooperative agreement of a landowner shall not preclude such owner from using motorized vehicles on or across such trails or adjacent lands from time to time in accordance with regulations to be established by the appropriate Secretary. The Secretary of the Interior and the Secretary of Agriculture, in consultation with appropriate governmental agencies and public and private organizations, shall establish a uniform marker, including thereon an appropriate and distinctive symbol for each national recreation and scenic trail. Where the trails cross lands administered by Federal agencies such markers shall be erected at appropriate points along the trails and maintained by the Federal agency administering the trail in accordance with standards established by the appropriate Secretary and where the trails cross non-Federal lands, in accordance with written cooperative agreements, the appropriate Secretary shall provide such uniform markers to cooperating agencies and shall require such agencies to erect and maintain them in accordance with the standards established. (d) Use and acquisition of lands within exterior

boundaries of areas included in right-of-way; acreage limitations. Within the exterior boundaries of areas under their administration that are included in the rightof-way selected for a national recreation or scenic trail, the heads of Federal agencies may use lands for trail purposes and may acquire lands or interests in lands by written cooperative agreement, donation, purchase with donated or appropriated funds or exchange: Provided, That not more than twenty-five acres in any one mile may be acquired without the consent of the owner. (e) Right-of-way lands outside exterior boundaries of

federally administered areas; cooperative agreements or acquisition; failure to agree or acquire; agreement or acquisition by Secretary concerned; right of first refusal for original owner upon

disposal. Where the lands included in a national trail rightof-way are outside of the exterior boundaries of federally administered areas, the Secretary charged with the administration of such trail shall encourage the States or local governments involved (1) to enter into written cooperative agreements with landowners, private organizations, and individuals to provide the necessary trail right-of-way, or (2) to acquire such lands or interests therein to be utilized as segments of the national scenic trail: Provided, That if the State or local governments fail to enter into such written cooperative agreements or to acquire such lands or interests therein within two years after notice of the selection of the right-of-way is published, the appropriate Secretary may (i) enter into such agreements with landowners, States, local governments, private organizations, and individuals for the use of lands for trail purposes, or (ii) accuire private lands or interests therein by donation, purchase with donated or appropriated funds or exchange in accordance with the provisions of subsection (g) of this section. The lands involved in such

rights-of-way should be acquired in fee, if other methods of public control are not sufficient to assure their use for the purpose for which they are acquired: Provided, That if the Secretary charged with the administration of such trail permanently relocates the right-of-way and disposes of all title or interest in the land, the original owner, or his heirs or assigns, shall be offered, by notice given at the former owner's last known address, the right of first refusal at the fair market price. (f) Exchange of property within the right-of-way by

Secretary of Interior; property subject to exchange; equalization of value of property; exchange of national forest lands by Secretary of

Agriculture. The Secretary of the Interior, in the exercise of his exchange authority, may accept title to any nonFederal property within the right-of-way and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction which is located in the State wherein such property is located 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 the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. The Secretary of Agriculture, in the exercise of his exchange authority, may utilize authorities and procedures available to him in connection with exchanges of national forest lands. (g) Condemnation proceedings to acquire private

lands; limitations; availability of funds for ac

quisition of lands or interests therein. The appropriate Secretary may utilize condemnation proceedings without the consent of the owner to acquire private lands or interests therein pursuant to this section only in cases where, in his judgment, all reasonable efforts to acquire such lands or interests therein by negotiation have failed, and in such cases he shall acquire only such title as, in his judgment, is reasonably necessary to provide passage across such lands: Provided, That condemnation proceedings may not be utilized to acquire fee title or lesser interests to more than twenty-five acres in any one mile and when used such authority shall be limited to the most direct or practicable connecting trail right-of-way: Provided further, That condemnation is prohibited with respect to all acquisition of lands or interest in lands for the purposes of the Pacific Crest Trail. Money appropriated for Federal purposes from the land and water conservation fund shall, without prejudice to appropriations from other sources, be available to Federal departments for the acquisition of lands or interests in lands for the purposes of this chapter. (h) Development and maintenance of national recrea

tion or scenic trails; cooperation with the states over portions located outside of federally administered areas; cooperative agreements; reservation of right-of-way for trails in conveyances by

Secetary of Interior. The Secretary charged with the administration of a national recreation or scenic trail shall provide for the development and maintenance of such trails ment is directed, in administering the program of comprehensive urban planning and assistance under section 461 of Title 40, to encourage the planning of recreation trails in connection with the recreation and transportation planning for metropolitan and other urban areas. He is further directed, in administering the urban open-space program under title VII of the Housing Act of 1961, to encourage such recreation trails.

(c) Secretary of Agriculture to encourage states, local

agencies, and private interests. The Secretary of Agriculture is directed, in accordance with authority vested in him, to encourage States and local agencies and private interests to establish such trails.

within federally administered areas and shall cooperate with and encourage the States to operate, develop, and maintain portions of such trails which are located outside the boundaries of federally administered areas. When deemed to be in the public interest, such Secretary may enter written cooperative agreements with the States or their political subdivisions, landowners, private organizations, or individuals to operate, develop, and maintain any portion of a national scenic trail either within or outside a federally administered area.

Whenever the Secretary of the Interior makes any conveyance of land under any of the public land laws, he may reserve a right-of-way for trails to the extent he deems necessary to carry out the purposes of this chapter. (i) Regulations; issuance; concurrence and consulta.

tion; revision; publication; violations; penalties. The appropriate Secretary, with the concurrence of the heads of any other Federal agencies administering lands through which a national recreation or scenic trail passes, and after consultation with the States, local governments, and organizations concerned, may issue regulations, which may be revised from time to time, governing the use, protection, management, development, and administration of trails of the national trails system. In order to maintain good conduct on and along the trails located within federally administered areas and to provide for the proper government and protection of such trails, the Secretary of the Interior and the Secretary of Agriculture shall prescribe and publish such uniform regulations as they deem necessary and any person who violates such regulations shall be guilty of a misdemeanor, and may be punished by a fine of not more than $500, or by imprisonment not exceeding six months, or by both such fine and imprisonment. (Pub. L. 90–543, § 7, Oct. 2, 1968, 82 Stat. 922.)

(d) Designation and marking of trails; approval of

Secretary of Interior. Such trails may be designated and suitably marked as parts of the nationwide system of trails by the States, their political subdivisions, or other appropriate administering agencies with the approval of the Secretary of the Interior. (Pub. L. 90543, § 8, Oct. 2, 1968, 82 Stat. 925.)

REFERENCES IN TEXT The Land and Water Conservation Fund Act, referred to in subsec. (a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897. For classification in the Code see Short Title note set out under section 460144 of this title.

Act of May 28, 1963, referred to in subsec. (a), is Pub. L. 88–29, May 28, 1963, 77 Stat. 49, which is classified to section 4601 et seq. of this title.

Title VII of the Housing Act of 1961, referred to in subsec. (b), is Title VII of Pub. L. 87–70, June 30, 1961, 75 Stat. 183, which is classified to section 1500 et seq. of Title 42, The Public Health and Welfare.

8 1247. State and local area recreation trails. (a) Secretary of Interior to encourage states, political

subdivisions, and private interests; financial as

sistance for state and local projects. The Secretary of the Interior is directed to encourage States to consider, in their comprehensive statewide outdoor recreation plans and proposals for financial assistance for State and local projects submitted pursuant to the Land and Water Conservation Fund Act, needs and opportunities for establishing park, forest, and other recreation trails on lands owned or administered by States, and recreation trails on lands in or near urban areas. He is further directed, in accordance with the authority contained in the Act of May 28, 1963, to encourage States, political subdivisions, and private interests, including nonprofit organizations, to establish such trails. (b) Secretary of Housing and Urban Development to

encourage metropolitan and other urban areas; administrative and financial assistance in connection with recreation and transportation planning;

administration of urban open-space program. The Secretary of Housing and Urban Develop

§ 1248. Easements and rights-of-way; conditions; co

operation of federal agencies with Secretary of Interior and Secretary of Agriculture. (a) The Secretary of the Interior or the Secretary of Agriculture as the case may be, may grant easements and rights-of-way upon, over, under, across, or along any component of the national trails system in accordance with the laws applicable to the national park system and the national forest system, respectively: Provided, That any conditions contained in such easements and rights-of-way shall be related to the policy and purposes of this chapter.

(b) The Department of Defense, the Department of Transportation, the Interstate Commerce Commission, the Federal Communications Commission, the Federal Power Commission, and other Federal agencies having jurisdiction or control over or information concerning the use, abandonment, or disposition of roadways, utility rights-of-way, or other properties which may be suitable for the purpose of improving or expanding the national trails system shall cooperate with the Secretary of the Interior and the Secretary of Agriculture in order to assure, to the extent practicable, that any such properties having values suitable for trail purposes may be made available for such use. (Pub. L. 90-543, § 9, Oct. 2, 1968, 82 Stat. 925.)

§ 1249. Authorization of appropriations.

There are hereby authorized to be appropriated for the acquisition of lands or interests in lands not more than $5,000,000 for the Appalachian National

Scenic Trail and not more than $500,000 for the Pacific Crest National Scenic Trail. (Pub. L. 90-543, $ 10, Oct. 2, 1968, 82 Stat. 926.)

7. Wild and Scenic Rivers Act

16 U.S.C. 1271-1287

Sec. 1271. Congressional declaration of policy. 1272. Congressional declaration of purpose. 1273. National wild and scenic rivers system; Congres

sional authorization for inclusion; designation by State legislatures; permanent administration by States; application for inclusion by Governors;

satisfaction of criteria; eligibility for inclusion. 1274. Component rivers and adjacent lands; establish

ment of boundaries; classification; development

plans. 1275. Additions to the national wild and scenic rivers

system. (a) Proposals by Secretaries of Interior and

Agriculture; administration by the United

States; coordination; report. (b) Study of report by affected Federal and State

officials; recommendations and comments;

transmittal to the President and Congress.

(c) Publication in Federal Register. 1276. Rivers constituting potential additions to the na

tional wild and scenic rivers system. (a) Enumeration of designated rivers. (b) Studies; reports to the President and Con

gress. (c) State participation, (d) Continuing consideration by Federal agen

cies to potential national, wild, scenic and

recreational river areas. 1277. Land acquisition.

(a) Grant of authority to acquire; State and

Indian lands; use of appropriated funds. (b) Curtailment of condemnation power in area

50 per centum or more of which is owned

by Federal or State government. (c) Curtailment of condemnation power in

urban areas covered by valid and satis

factory zoning ordinances. (d) Exchange of property. (e) Transfer of jurisdiction over Federally owned

property to appropriate Secretary. (f) Acceptance of donated land, funds, and

other property. (8) Retained right of use and occupancy; ter

mination; fair market value; improved

property. 1278. Restrictions on water resources projects.

(a) Construction projects licensed by Federal

Power Commission. (b) Construction projects on rivers designated

for potential addition to the system. (c) Activities in progress affecting river of the

system; notice to Secretary. (d) Grants under Land and Water Conservation

Fund Act of 1965. 1279. Withdrawal of public lands from entry, sale, or

other disposition under public land laws. 1280. Federal mining and mineral leasing laws. 1281. Administration.

(a) Public use and enjoyment of components;

protection of features; management plans. (b) Wilderness areas. (c) Areas administered by National Park Serv

ice and Fish and Wildlife Service. (d) Statutory authorities relating to national

forests. (e) Cooperative agreements with State and local

governments.

Sec. 1282. Assistance in financing State and local projects. 1283. Administration and management policies.

(a) Review by Secretaries and heads of agencies. (b) Existing rights, privileges, and contracts af

fecting Federal lands.

(c) Water pollution. 1284. Existing State jurisdiction and responsibilities.

(a) Fish and wildlife.
(b) Compensation for water rights.
(c) Reservation of waters for other purposes or

in unnecessary quantities prohibited.
(d) State jurisdiction over included streams.
(e) Interstate compacts.
(f) Rights of access to streams.

(8) Easements and rights-of-way. 1285. Claim and allowance of charitable deduction for

contribution or gift of easement. 1286. Definitions. 1287. Authorization of appropriations. $ 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. (Pub. L. 90-542, $ 1(b), Oct. 2, 1968, 82 Stat. 906.)

CODIFICATION Section consists of subsec. (b) of section 1 of Pub, L. 90-542. Subsecs. (a) and (c) of section 1 are classified to section 1272 of this title and as a note under this section, respectively.

SHORT TITLE Section 1(a) of Pub. L. 90-542 provided that: "This Act (enacting this chapter) may be cited as the 'Wild and Scenic Rivers Act'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1272, 1273 of this title.

$ 1272. Congressional declaration of purpose.

The purpose of this chapter is to implement the policy set out in section 1271 of this title by instituting a national wild and scenic rivers system, by designating the initial components of that system, and by prescribing the methods by which and standards according to which additional components may be added to the system from time to time. (Pub. L. 90-542, $ 1(c), Oct. 2, 1968, 82 Stat. 906.)

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CODIFICATION Section consists of subsec. (c) of section 1 of Pub. L. 90–542. Subsecs. (a) and (b) of section 1 are classified to section 1271 and section 1271 note, respectively.

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81273. National wild and scenic rivers system; Con

gressional authorization for inclusion; designation by State legislatures; permanent administration by States; application for inclusion by Governors; satisfaction of criteria; eligibility for inclusion. (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 politicat 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 concerned, or a person or persons thereunto duly appointed by him or them, to meet the criteria established in this chapter and such criteria supplementary thereto as he may prescribe, and that are approved by him for inclusion in the system, including, upon application of the Governor of the State concerned, the Allagash Wilderness Waterway, Maine, and that segment of the Wolf River, Wisconsin, which flows through Langlade County.

(b) A wild, scenic or recreational river area eligible to be included in the system is a free-flowing stream and the related adjacent land area that possesses one or more of the values referred to in section 1271 of this title. Every wild, scenic or recreational river in its free-flowing condition, or upon restoration to this condition, shall be considered eligible for inclusion in the national wild and scenic rivers system and, if included, shall be classified, designated, and administered as one of the following:

(1) Wild river areas—Those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America.

(2) Scenic river areas-Those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive 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 development along their shorelines, and that may have under

gone some impoundment or diversion in the past. (Pub. L. 90-542, § 2, Oct. 2, 1968, 82 Stat. 906.)

§ 1274. Component rivers and adjacent lands; estab

lishment of boundaries; classification; development plans. (a) 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; 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.—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 Interior or Agriculture as agreed upon by the Secretaries of said Departments or as directed by the President.

(6) SAINT CROIX, MINNESOTA AND WISCONSIN.—The segment between the dam near Taylors Falls, Minnesota, and the dam near Gordon, Wisconsin, and its tributary, the Namekago, from Lake Namekago dowstream to its confluence with the Saint Croix; to be administered by the Secretary of the Interior: Provided, That except as may be required in connection with items (a) and (b) of this paragraph, no funds available to carry out the provisions of this chapter may be expended for the acquisition or development of lands in connection with, or for administration under this chapter 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 the 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 chapter. Said agreement may also include provision for State or

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SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1274, 1275, 1278 of this title.

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 as a component of the system. Each such report shall be printed as a Senate or House document.

local governmental participation as authorized under subsection (e) of section 1281 of this title.

(7) SALMON, MIDDLE FORK, IDAHO.-From its origin to its confluence with the main Salmon River; to be administered by the Secretary of Agriculture.

(8) WOLF, WISCONSIN.—From the LangladeMenominee County line downstream to Keshena Falls; 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 shall, within one year from October 2, 1968, 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 which of the classes outlined in section 1273(b) of this title best fit the river or its various segments; and prepare a plan for necessary developments in connection with its administration in accordance with such classification. Said boundaries, classification, and development plans shall be published in 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. (Pub. L. 90-542, § 3, Oct. 2, 1968, 82 Stat. 907.)

(b) Study of report by affected Federal and State

officials; recommendations and comments; trans

mittal to the President and Congress. Before submitting any such report to the President and the Congress, copies of the proposed report shall, unless it was prepared jointly by the Secretary of the Interior and the Secretary of Agriculture, be submitted by the Secretary of the Interior to the Secretary of Agriculture 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 Chairman of the Federal Power Commission, the head of any other affected Federal 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 recommendations or comments on the proposal which the said officials furnished the Secretary or Secretaries who prepared the report within ninety days of the date on which the report is submitted to them, together with the Secretary's or Secretaries' comments thereon, shall be included with the transmittal to the President and the Congress. No river or portion of any river shall be added to the national wild and scenic rivers system subsequent to October 2, 1968, until the close of the next full session of the State legislature, or legislatures in case more than one State is involved, which begins following the submission of any recommendation to the President with respect to such addition as herein provided.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1277 to 1280 of this title.

$ 1275. Additions to the national wild and scenic rivers

system. (a) Proposals by Secretaries of Interior and Agricul

ture; administration by the United States; co

ordination; report. 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 national wild and scenic rivers system of rivers 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 1273(b) of this title; and which are proposed to be administered, wholly or partially, by an agency of the United States. 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.

Each proposal shall be accompanied by a report, including maps and illustrations, showing among other things the area included within the proposal; the characteristics which make the area a worthy addition to the system; the current status of landownership 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 be administered; the extent to which it is proposed that

(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 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 of the Army, the Chairman of the Federal Power Commission, and the head of any 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 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. (Pub. L. 90-542, § 4, Oct. 2, 1968, 82 Stat. 909.)

REFERENCES IN TEXT The Water Resources Planning Act, referred to in text, is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, which is classified to section 1962 et seq. of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1276 of this title.

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