§ 1287. Authorization of appropriations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1968

   Wild and Scenic Rivers Act

   Pub. L. 90–542 § 17 · 82 Stat. 906

   Enacted · 16 U.S.C. § 1287

   Pub. L. 90–542, § 17, formerly § 16, Oct. 2, 1968, 82 Stat. 918

   Source evidence

   Code source credit
   Pub. L. 90–542, § 17, formerly § 16, Oct. 2, 1968, 82 Stat. 918

   Enacted provision · exact public law section
   (17) Pere Marquette, Michigan: The entire river.

2. 1974

   Pub. L. 93–279 § 1(d) · 88 Stat. 122

   Struck · 16 U.S.C. § 1287

   Pub. L. 93–279 added subsecs. (a) and (b). Former unlettered provisions authorizing appropriation of amounts up to $17,000,000 for the acquisition of lands and interests in land were struck out

   Source evidence

   Code amendment note
   Pub. L. 93–279 added subsecs. (a) and (b). Former unlettered provisions authorizing appropriation of amounts up to $17,000,000 for the acquisition of lands and interests in land were struck out.

   Enacted provision · exact public law section
   (1) In section 4 delete subsection (a) and insert in lieu thereof 16 USC 1275. the following: “Sec. 4. (a) The Secretary of the Interior or, where national forest Studies, submittal to President. 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 Report to Congress. 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 with respect to all rivers named in subparagraphs 5(a) (1) through (27) of this Act no later 16 USC 1276. 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 wild and scenic rivers system. 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 (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 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.” Printing as Senate or House document. 16 USC 1276.

3. 1976

   Fiscal Year Adjustment Act

   Pub. L. 94–273 § 2(11) · 90 Stat. 375

   Substituted · 16 U.S.C. § 1287(b)

   Pub. L. 94–273 substituted “September” for “June”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–273 substituted “September” for “June”.

   Enacted provision · exact public law section
   (11) section 16(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1287(b));

4. 1978

   Pub. L. 95–625 title VII · 92 Stat. 3467

   Substituted · 16 U.S.C. § 1287

   Pub. L. 95–625, §§ 751–754, 763(c), increased appropriations authorization for the following rivers, substituting for:

   Source evidence

   Code amendment note
   Pub. L. 95–625, §§ 751–754, 763(c), increased appropriations authorization for the following rivers, substituting for:

   Eleven Point, $10,407,000 for $4,906,500; Rogue, $15,147,000 for $12,447,200; Saint Croix, $21,769,000 for $11,768,550; and Salmon, $1,837,000 for $1,237,100; and struck out subsec. (a) designation and subsec. (b) which provided for expiration of authority to make authorized appropriations on Sept. 30, 1979.

   Enacted provision · exact public law
   TITLE VII— WILD AND SCENIC RIVERS ACT AMENDMENTS Subtitle A— Addition of Segments Sec. 701. addition of pere marquette segment Section 3(a) of the Wild and Scenic Rivers Act is Boundaries, description. 16 USC 1274. amended by adding the following new paragraph at the end thereof: “(16) Pere Marquette, Michigan.— 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 the Secretary of Agriculture. After consultation with State and local governments Consultation. and the interested public, the Secretary shall take such action as is provided for under subsection (b) with respect to the segment referred to in this paragraph within one year from the date of enactment Plan, provisions and regulations. 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 Appropriation authorization. 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.”. Sec. 702. addition of rio grande segment 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 TerrellVai 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 Consultation. 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 Plan and provisions. officials of the State of Texas and its political subdivisions. The development plan required by subsection (b) shall be construed to be a general management 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 agreements of the United States made, by or in pursuance of the treaty between the United States and Mexico regardimr the utilization of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington, 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, 23 UST 371. signed November 23, 1970. Appropriation authorization. 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.”. Sec. 703. addition of skagit segments 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 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 Consultation. 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 Investigation and publication in Federal Register. of such action, the Secretary of Agriculture 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 Scenic 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 Appropriation authorization. the provisions of this Act with respect to the river designated by this paragraph there are authorized to be appropriated not more than 111,734,000 for the acquisition of lands or interest in lands and not more than $332,000 for development.”. Sec. 704. addition of upper delaware segment; special provisions (a) Section 3(a) of the Wild and Scenic Rivers Act is Boundaries. 16 USC 1274. amended by adding the following new paragraph at the end thereof: “(19) Upper Delaware River, New 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 preceding 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 Publication in Federal Register. 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 Appropriation authorization. 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.”. (b) (1) Notwithstanding any requirement to the contrary contained Guidelines, publication in Federal Register. 16 USC 1274 note. 16 USC 1277. 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 water use control measures to be developed and implemented by the appropriate officials of the States of New York and Pennsylvania Participation. (hereinafter referred to as the “directly affected States”), by the local political subdivisions, and by the Delaware River Basin Commission (hereinafter referred to as the “Commission”). The Secretary shall provide for participation in the development of the said general guidelines 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 hearings. 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. (c) Management plan, submittal to State Governors.16 USC 1274 note. (1) Within three years from the date of the enactment of this Act, the Secretary, in cooperation with the Commission, the Advisory Council, the directly affected States and their concerned political subdivisions and other concerned Federal agencies, shall develop, 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 provisions 16 USC 1271 note. of this section, the Wild and Scenic Rivers Act, and the general guidelines 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 forth— (A) Map. 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; (C) Analysis. 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. (3) Interim programs. Immediately following enactment of this Act, the Secretary, through the National Park Service or such other designee, 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 public health and safety. Such interim programs shall include provisions for information to river users, education and interpretation activities, and regulation of recreational use of the river. (4) To enable the directly affected States and their political subdivisions Technical assistance. 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 Public hearings. of the management plan, the Secretary shall hold two or more public hearings in the Upper Delaware River region of each directly affected State. (7) Upon approval of the management plan by the Secretary, it Publication in Federal Register. 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 Administration. Secretary in accordance with the provisions of this section and the Wild and Scenic Rivers Act. The Secretary is hereby granted such authority as may be required to implement and administer said plan. (d) Notwithstanding any provision of the Wild and Scenic Rivers Land and interests, acquisition. 16 USC 1274 note. 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 provided 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 restrictive covenants, or to enter into any other appropriate agreements 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 Local plans, laws, and ordinances, conformity, review. 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 Determination. adequacy of enforcement of such plans, laws, and ordinances, including but not limited to review of building permits and zoning variances granted by local governments, 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 are nonexistent, are otherwise not in conformance with the management plan or guidelines, or are not being enforced in such manner as will carry out the purposes of this section (as determined by the Secretary), the Secretary may exercise the authority available to him under the provisions of paragraph (4) hereof. (3) Professional services, contracts. 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) Lands and interests, acquisition. In those sections of the Upper Delaware River where such local plans, laws, and ordinances, or amendments thereto or variances therefrom, are found by the Secretary not to be in conformance with the 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 Secretary is hereby authorized to acquire land or interests in land in excess of the acreage provided for in subsection (d) of this section. Land and interests in land acquired pursuant to this subsection shall be restricted to the geographical area of the local governmental unit failing to conform with the said guidelines or management plan, and shall be limited to those lands clearly and directly required, in the judgment of the Secretary, for protection of the objectives of this Act. The total acreage of land and interests in land acquired pursuant to this subsection shall not in any event exceed the limitations contained in section 6(a) of the Wild and 16 USC 1277. Scenic Rivers Act. This subsection shall apply notwithstanding the first sentence of section 6(c) of the Wild and Scenic Rivers Act. Notwithstanding any limitation on amounts authorized to be appropriated for acquisition of land and interests in land which is contained Post, p. 3528. in section 3(a) (21) of the Wild and Scenic Rivers Act or in any other provision of law, there are authorized to be appropriated such sums as may be necessary to carry out this subsection. (f) Upper Delaware Citizens Advisory Council.Establishment.16 USC 1274 note.Reports. (1) At the earliest practicable date following enactment of this Act, but no later than one hundred and twenty days thereafter, there shall be established an Upper Delaware Citizens Advisory Council. The Advisory Council shall encourage maximum public involvement in the development and implementation of the plans and programs authorized by this section. It shall report to the Commission and the Secretary from time to time during preparation of the management plan. Following completion of the management plan, it shall report to the Secretary and the Governors of the directly affected States no less frequently than once each year its recommendations, if any, for improvement in the programs authorized by this Act, or in the programs of other agencies winch may relate to land or water use in the Upper Delaware River region. (2) Membership. Membership on the Advisory Council shall consist of seventeen members appointed as follows: there shall be— (A) six members from each of the directly affected States appointed by the Secretary from nominations submitted by the legislatures of the respective counties and appointed such that two members shall be from each of Orange, Delaware, and Sullivan Counties, New York, and three members shall be from each of Wayne and Pike Counties, Pennsylvania (at lease one appointee from each county shall be a permanent resident of a municipality abutting the Upper Delaware River) ; (B) two members appointed at large by each Governor of a directly affected State; and (C) one member appointed by the Secretary. The Secretary shall designate one of the aforesaid members to serve Chairperson. as Chairperson of the Advisory Council who shall be a permanent resident of one of the aforementioned counties. Vacancies on the Advisory Council shall be filled in the same manner in which the original appointment was made. Members of the Advisory Council shall serve Compensation. without compensation as such, but the Secretary is authorized to pay expenses reasonably incurred by the Advisory Council in carrying out its responsibilities under this Act on vouchers signed by the Chairman. (g) With respect to the land and water in areas which are not Contracts. 16 USC 1274 note. owned by the United States but which are within the boundaries of the segment of the Delaware River designated as a wild and scenic river under subsection (a), the Secretary is authorized to enter into contracts with the appropriate State or political subdivisions thereof pursuant to which the Secretary may provide financial assistance to such State or political subdivision for purposes of— (1) enforcing State and local laws in such areas, and (2) removing solid waste from such areas and disposing of such waste. (h) Nothing in this section shall be construed as limiting the right 16 USC 1274 note. to fish and hunt on any of the lands or waters within the boundaries of the Upper Delaware River in the manner provided in section 13 of the Wild and Scenic Rivers Act. 16 USC 1284. Appropriation authorization. 16 USC 1274 note. 16 USC 1274 note. 16 USC 1277. (i) There are hereby authorized to be appropriated to carry out the purposes of this section such sums as may be necessary. (j) Where any provision of the Wild and Scenic Rivers Act is inconsistent with any provisions of this section, the provision of this section shall govern, tn applying the provisions of section 6(g)(3) of the Wild and Scenic Rivers Act, with regard to “improved property”, the date specified therein, shall, for purposes of the river designated in this Act, be the date of enactment of this Act (rather than January 1, 1967). Sec. 705. addition of middle delaware segment Section 3(a) of the Wild and Scenic Rivers Act is amended Boundaries. 16 USC 1274. by adding the following new paragraph at the end thereof: “(20) Delaware, New York, Pennsylvania, and New Jersey.— The segment from the point where the river crosses the northern boundary of the Delaware Water Gap National Recreation Area to the point where the river crosses the southern boundary of such recreation area; to be administered by the Secretary of the Interior. For Appropriation authorization. purposes of carrying out this Act with respect to the river designated by this paragraph, there are authorized to be appropriated such sums as may be necessary. Action required to be taken under subsection (b) of this section with respect to such segment shall be taken within one year from the date of enactment of this paragraph, except that, with respect to such segment, in lieu of the boundaries provided for in such subsection (b), the boundaries shall be the banks of the river. Any visitors facilities established for purposes of use, and enjoyment of the river under the authority of the Act establishing the Delaware Water Gap National Recreation Area shall be compatible with the purposes of this Act and shall be located at an appropriate distance from the river.”. Sec. 706. addition of the american segment Section 3(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(21) American, California.— The North Fork from a point 0.3 mile above Heath Springs downstream to a point approximately 1,000 feet upstream of the Colfax-Iowa Hill Bridge, including the Child Run Addition Area, as generally depicted on the map entitled ‘Proposed Boundary Maps’ contained m Appendix I of the document dated January 1978 and entitled ‘A Proposal: North Fork American Wild and Scenic River’ published by the United States Forest Service, Administration. Department of Agriculture; to be designated as a wild river and to be administered by agencies of the Departments of 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) shall be taken within one year after the date of the enactment of this paragraph; in applying such subsection (b) in the case of the Gold Run Addition Area, the acreage limitation specified therein shall not 12 USC 1277. apply and in applying section 6(g)(3), January 1 of the calendar year preceding the calendar year in which this paragraph is enacted Appropriation authorization. shall be substituted for January 1, 1967. 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 not more than $850,000 for the acquisition of lands and interests in land and not more than $765,000 for development.”. Sec. 707. addition of missouri segment Section 3(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(22) Missouri River, Nebraska, South Dakota.— The segment from Gavins Point Dam, South Dakota, fifty-nine miles downstream to Ponca State Park, Nebraska, as generally depicted in the document entitled ‘Review Report for Water Resources Development, South Dakota, Nebraska, North Dakota, Montana’, prepared by the Division Engineer, Missouri River Division, Corps of Engineers, dated August 1977 (hereinafter in this paragraph referred to as the ‘August 1977 Report’). Such segment shall be administered as a recreational river Cooperative agreement. by the Secretary. The Secretary shall enter into a written cooperative agreement with the Secretary of the Army (acting through the Chief of Engineers) for construction and maintenance of bank stabilization Notice and consultation. work and appropriate recreational development. After public notice and consultation with the State and local governments, other interested organizations and associations, and the interested public, the Secretary shall take such action as is required pursuant to subsection Administration. (b) within one year from the date of enactment of this section. In administering such river, the Secretary shall, to the extent, and in a manner, consistent with this section— “(A) Recreation river features and streambank stabilization structures, construction. provide (i) for the construction by the United States of such recreation river features and streambank stabilization structures as the Secretary of the Army (acting through the Chief of Engineers) deems necessary and advisable in connection with the segment designated by this paragraph, and (ii) for the operation and maintenance of all streambank stabilization structures constructed in connection with such segment (including both structures constructed before the date of enactment of this paragraph and structures constructed after such date, and including both structures constructed under the authority of this section and structures constructed under the authority of any other Act); and “(B) permit access for such pumping and associated pipelines Access, as may be necessary to assure an adequate supply of water for owners of land adjacent to such segment and for fish, wildlife, and recreational uses outside the river corridor established pursuant to this paragraph. The streambank structures to be constructed and maintained under subparagraph (A) shall include, but not be limited to, structures at such sites as are specified with respect to such segment on pages 62 and 63 of the August 1977 Report, except that sites for such structures may be relocated to the extent deemed necessary by the Secretary of the Army (acting through the Chief of Engineers) by reason of physical changes in the river or river area. The Secretary of the Army (acting through the Chief of Engineers) shall condition the construction or maintenance of any streambank stabilization structure or of any recreational river feature at any site under subparagraph (A) (i) upon the availability to the United States of such land and interests in land in such ownership as he deems necessary to carry out such construction or maintenance and to protect and enhance the river in accordance with the purposes of this Act. Administration of the river Recreational River Advisory Group. segment designated by this paragraph shall be in coordination with, and pursuant to the advice of a Recreational River Advisory Group which may be established by the Secretary. Such Group may include in its membership, representatives of the affected States and political subdivisions thereof, affected Federal agencies, and such organized private groups as the Secretary deems desirable. Notwithstanding the Lands and interests, acquisition, 16 USC 1277. authority to the contrary contained in subsection 6(a) of this Act, no land or interests in land may be acquired without the consent of the owner: Provided, That not to exceed 5 per centum of the acreage within the designated river boundaries may be acquired in less than fee title without the consent of the owner, in such instance of the Secretary’s determination that activities are occurring, or threatening to occur thereon which constitute serious damage or threat to the integrity of the river corridor, in accordance with the values for which this river was designated. For purposes of carrying out the provisions Appropriation authorization. of this Act with respect to the river designated by this paragraph, there arc authorized to he appropriated not to exceed $21,000,000, for acquisition of lands and interests in lands and for development.”. Sec. 708. Section 3(a) of the Wild and Scenic Rivers Act is amended Boundaries. 16 USC 1274. by adding the following new paragraph at the end thereof: “(23) Saint Joe, Idaho.— The segment above the confluence of the North Fork of the Saint Joe River to Spruce Tree Campground, as a recreational river; the segment above Spruce Tree Campground to Saint Joe Lake, as a wild river, as generally depicted on the map entitled ‘Saint Joe River Corridor Map’ on file with the Chief of the Forest Service and dated September 1978; to be administered by the Administration. Roads and bridges, access. Secretary of Agriculture. Notwithstanding any other provision of law, the classification of the Saint Joe River under this paragraph and the subsequent development plan for the river prepared by the Secretary of Agriculture shall at no time interfere with or restrict the maintenance, use, or access to existing or future roads within the adjacent lands nor interfere with or restrict present use of or future construction of bridges across that portion of the Saint Joe designated as a ‘recreational river’ under this paragraph. Dredge or placer mining shall be prohibited within the banks or beds of the main stem of the Saint Joe and its tributary streams in their entirety above the confluence Sand and gravel, removal. of the main stem with the North Fork of the river. Nothing in this Act shall be deemed to prohibit the removal of sand and gravel above the high water mark of the Saint Joe River and its tributaries within the river corridor by or under the authority of any public body or its agents for the purposes of construction or maintenance of roads. The Secretary shall take such action as is required under subsection (b) of this section within one year from the date of enactment of this Appropriation authorization. paragraph. For the purposes of this river, there are authorized to be appropriated not more than $1,000,000 for the acquisition of lands or interest in lands.”. Subtitle B— Studies Sec. 721. designation of the kern river (north fork) for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(59) Kern, California.— The main stem of the North Fork from its source to Isabella Reservoir excluding its tributaries.”. Sec. 722. designation of the loxahatchee river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(60) Loxahatchee, Florida.— The entire river including its tributary, North Fork.”. Sec. 723. designation of the ogeechee mvelt for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(61) Ogeechee, Georgia.— The entire river.”. Sec. 724. designation of certain segment of the salt river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(62) Salt, Arizona.— The main stem from a point on the north side of the river intersected by the Fort Apache Indian Reservation boundary (north of Buck Mountain) downstream to Arizona State Highway 288.”. Sec. 725. designation of the verde river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(63) Verde, Arizona.— The mam stem from the Prescott National Forest boundary near Paulden to the vicinity of Table Mountain, approximately 14 miles above Horseshoe Reservoir, except for the segment not included in the national forest between Clarkdale and Camp Verde, North segment.”. Sec. 726. designation of the san francisco river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(64) San Francisco, Arizona.— The main stem from confluence with the Gila upstream to the Arizona-New Mexico border, except for the segment between Clifton and the Apache National Forest.”. Sec. 727. designation of fish creek for study Section 5(a) of the Wild and Scenic Rivers Act is 16 USC 1276. amended by adding the following new paragraph at the end thereof: “(65) Fish Creek, New York.— The entire East Branch.”. Sec. 728. designation of black creek for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(66) Black Creek, Mississippi.— The segment from Big Creek Landing in Forrest County downstream to Old Alexander Bridge Landing in Stone County.”. Sec. 729. designation of allegheny river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(67) Allegheny, Pennsylvania.— The main stem from Kinzua Dam downstream to East Brady.”. Sec. 730. designation of the cacapon river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(68) Cacapon, West Virginia.— The entire river.”. Sec. 731. designation of the escatawpa river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(69) Escatawpa, Alabama and Mississippi.— The segment upstream from a point approximately one mile downstream from the confluence of the Escatawpa River and Jackson Creek to a point where the Escatawpa River is joined by the Yellowhouse Branch in Washington County, Alabama, near the town of Deer Park, Alabama; and the segment of Brushy Creek upstream from its confluence with the Escatawpa to its confluence with Scarsborough Creek.”. Sec. 732. designation of the myakka river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(70) Myakka, Florida.— The segment south of the southern boundary of the Myakka River State Park.”. Sec. 733. designation of soldier creek for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: “(71) Soldier Creek, Alabama.— The segment, beginning at the point where Soldier Creek intersects the south line of section 31, townsliip 7 south, range 6 east, downstream to a point on the south line of section 6, township 8 south, range 6 east, which point is 1,322 feet west of the south line of section 5, township 8 south, range 6 east in the county of Baldwin, State of Alabama.”. Sec. 734. designation of red river for study Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following paragraph at the end thereof: “(72) Red, Kentucky.— The segment from Highway numbered 746 (also known as Spradlin Bridge) in Wolf County, Kentucky, downstream to the point where the river descends below seven hundred feet above sea level (in its normal flow) which point is at the Menifee and Powell County line just downstream of the iron bridge where Kentucky Highway numbered 77 passes over the river.”. Sec. 735. authorization for studies Paragraph (3) of section 5(b) of the Wild and Scenic Rivera Act is redesignated as paragraph (4) and is amended by striking out “$2,175,000” and substituting “$4,060,000”. Such paragraph is further amended by adding the following at the end Appropriation Appropriation authorization. thereof: “There are authorized to be appropriated for the purpose of authorization. conducting the studies of the rivers named in subparagraphs (59) through (74) such sums as may be necessary.”. Sec. 736. study period Section 5(b) of the Wild and Scenic Rivers Act is amended by inserting the following new paragraph after paragraph (2): . . . “(3) The studies of the rivers named in paragraphs (59) through (72) of subsection (a) shall be completed and reports submitted thereon not later than five full fiscal years after the date of the enactment of this paragraph. The study of rivers named in paragraphs (62) through (64) of subsection (a) shall be completed and the report thereon submitted by not later than April 1981.”. Subtitle C— Authorizations for Funding Sec. 751. eleven point river Section 16(a) of the Wild and Scenic Rivers Act is amended by striking out “Eleven Point, Missouri, $4,906,500” and substituting “Eleven Point, Missouri, $10,407,000”. Sec. 752. rogue river Section 16(a) of the Wild and Scenic Rivers Act is amended by striking out “Rogue, Oregon, $12,447,200” and substituting “Rogue, Oregon, $15,147,000”. Sec. 753. saint croix river Section 16(a) of the Wild and Scenic Rivers Act is amended by striking out “Saint Croix, Minnesota and Wisconsin, $11,768,550” and substituting “Saint Croix, Minnesota and Wisconsin, $21,769,000”. Sec. 754. salmon river Section 16(a) of the Wild and Scenic Rivers Act is amended by striking out “Salmon, Middle Fork, Idaho, $1,237,100” and substituting “Salmon, Middle Fork, Idaho, $1,837,000”. Sec. 755. chattooga river Section 3(a) (10) of the Wild and Scenic Rivers Act 16 USC 1274. (relating to the Chattooga River in North Carolina, South Carolina, and Georgia) is amended by striking out “$2,000,000” and inserting in lieu thereof “$5,200,000”. Subtitle D— Amendments to Public Law 90–542 Sec. 761. technical amendments Section 2(a) of the Wild and Scenic Rivers Act is Notification to FERC and publication in Federal Register. 16 USC 1273. amended by striking out “without expense to the United States” and by adding the following at the end thereof: “Upon receipt of an application under clause (ii) of this subsection, the Secretary shall notify the Federal Energy Regulatory Commission and publish such application in the Federal Register. Each river designated under clause (ii) shall be administered by the State or political subdivision thereof without expense to the United States other than for administration and management of federally owned lands. For purposes of the preceding sentence, amounts made available to any State or political subdivision under the Land and Water Conservation Act of 1965 or 16 USC 460l–4 note. any other provision of law shall not be treated as an expense to the United States. Nothing in this subsection shall be construed to provide for the transfer to, or administration by, a State or local authority of any federally owned lands which are within the boundaries of any river included within the system under clause (ii).”. Sec. 762. federal lands; cooperative agreements Section 12(a) of the Wild and Scenic Rivers Act is 16 USC 1283. amended by striking out the first sentence thereof and substituting: “The Secretary of the Interior, the Secretary of Agriculture, and the head of any other Federal department or agency having jurisdiction over any lands which include, border upon, or are adjacent to, any river included within the National Wild and Scenic Rivers System or under consideration for such inclusion, in accordance with section 2(a) (ii), 3(a), or 5(a), shall take such action respecting management 16 USC 1273, 1274, 1276. policies, regulations, contracts, plans, affecting such lands, following 1274, 1276. the date of enactment of this sentence, as may be necessary to protect such rivers in accordance with the purposes of this Act. Such Secretary or other department or agency head shall, where appropriate, enter into written cooperative agreements with the appropriate State or local official for the planning, administration, and management of Federal lands which are within the boundaries of any rivers for which approval has been granted under section 2(a) (ii).”. Sec. 763. miscellaneous technical amendments (a) Section 3(b) of the Wild and Scenic Rivers Act is 16 USC 1274. amended by inserting after “one year from the date of this Act” the following: “(except where a different date is provided in subsection (a))”. (b) Section 6(g)(3) of such Act is amended by inserting after 16 USC 1277. “January 1, 1967,” the following “(except where a different date is specifically provided by law with respect to any particular river)”. (c) Section 16(b) of such Act is deleted in its entirety, and section 16 USC 1287. 16(a) is renumbered as section 16. Sec. 764. lease of federal lands The Wild and Scenic Rivers Act is amended by adding the following new section after section 14: “Sec. 14A. (a) Where appropriate in the discretion of the Secretary, he may lease federally owned land (or any interest therein) which is within the boundaries of any component of the National Wild and Scenic Rivers System and which has been acquired by the Secretary under this Act. Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of this Act. “(b) 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.”.

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