Laws: Cases and Codes : U.S. Code : Title 16 : Section 1274
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U.S. Code as of:
01/19/04
Section 1274. Component rivers and adjacent lands
(a) Designation
The following rivers and the land adjacent thereto are hereby
designated as components of the national wild and scenic rivers
system:
(1) Clearwater, Middle Fork, Idaho - The Middle Fork from the
town of Kooskia upstream to the town of Lowell; the Lochsa River
from its junction with the Selway at Lowell forming the Middle
Fork, upstream to the Powell Ranger Station; and the Selway River
from Lowell upstream to its origin; to be administered by the
Secretary of Agriculture.
(2) Eleventh Point, Missouri - The segment of the river extending
downstream from Thomasville to State Highway 142; to be
administered by the Secretary of Agriculture.
(3) Feather, California - The entire Middle Fork downstream from
the confluence of its tributary streams one kilometer south of
Beckwourth, California; to be administered by the Secretary of
Agriculture.
(4) Rio Grande, New Mexico - The segment extending from the
Colorado State line downstream to the State Highway 96 crossing,
and the lower four miles of the Red River; to be administered by
the Secretary of the Interior.
(5) Rogue, Oregon - 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 the dam near Taylors Falls, Minnesota, and the dam near Gordon,
Wisconsin, and its tributary, the Namekago, from Lake Namekago
downstream 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 local governmental
participation as authorized under subsection (e) of section 1281 of
this title. A one-thousand-three-hundred-and-eighty-acre portion of
the area commonly known as the Velie Estate, located adjacent to
the Saint Croix River in Douglas County, Wisconsin, as depicted on
the map entitled "Boundary Map/Velie Estate - Saint Croix National
Scenic Riverway", dated September 1980, and numbered 630-90,001,
may be acquired by the Secretary without regard to any acreage
limitation set forth in subsection (b) of this section or
subsection (a) or (b) of section 1277 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 Langlade-Menominee County line
downstream to Keshena Falls; to be administered by the Secretary of
the Interior.
(9) Lower Saint Croix, Minnesota and Wisconsin - The segment
between the dam near Taylors Falls and its confluence with the
Mississippi River: Provided, (i) That the upper twenty-seven miles
of this river segment shall be administered by the Secretary of the
Interior; and (ii) That the lower twenty-five miles shall be
designated by the Secretary upon his approval of an application for
such designation made by the Governors of the State of Minnesota
and Wisconsin.
(10) Chattooga, North Carolina, South Carolina, Georgia - The
Segment from 0.8 mile below Cashiers Lake in North Carolina to
Tugaloo Reservoir, and the West Fork Chattooga River from its
junction with Chattooga upstream 7.3 miles, as generally depicted
on the boundary map entitled "Proposed Wild and Scenic Chattooga
River and Corridor Boundary", dated August 1973; to be administered
by the Secretary of Agriculture: Provided, That the Secretary of
Agriculture shall take such action as is provided for under
subsection (b) of this section within one year from May 10, 1974:
Provided further, That for the purposes of this river, there are
authorized to be appropriated not more than $5,200,000 for the
acquisition of lands and interests in lands and not more than
$809,000 for development.
(11) Rapid River, Idaho - The segment from the headwaters of the
main stem to the national forest boundary and the segment of the
West Fork from the wilderness boundary downstream to the confluence
with the main stem, as a wild river.
(12) Snake, Idaho and Oregon - The segment from Hells Canyon Dam
downstream to Pittsburgh Landing, as a wild river; and the segment
from Pittsburgh Landing downstream to an eastward extension of the
north boundary of section 1, township 5 north, range 47 east,
Willamette meridian, as a scenic river.
(13) Flathead, Montana - The North Fork from the Canadian border
downstream to its confluence with the Middle Fork; the Middle Fork
from its headwaters to its confluence to the South Fork; and the
South Fork from its origin to the Hungry Horse Reservoir, as
generally depicted on the map entitled "Proposed Flathead Wild and
Scenic River Boundary Location" dated February 1976; to be
administered by agencies of the Departments of the 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) of this section shall be taken within one year from
October 12, 1976. For the purposes of this river, there are
authorized to be appropriated not more than $6,719,000 for the
acquisition of lands and interests in lands. No funds authorized to
be appropriated pursuant to this paragraph shall be available prior
to October 1, 1977.
(14) Missouri, Montana - The segment from Fort Benton one hundred
and forty-nine miles downstream to Robinson Bridge, as generally
depicted on the boundary map entitled "Missouri Breaks Freeflowing
River Proposal", dated October 1975, to be administered by the
Secretary of the Interior. For the purposes of this river, there
are authorized to be appropriated not more than $1,800,000 for the
acquisition of lands and interests in lands. No funds authorized to
be appropriated pursuant to this paragraph shall be available prior
to October 1, 1977.
(15) Obed, Tennessee - The segment from the western edge of the
Catoosa Wildlife Management Area to the confluence with the Emory
River; Clear Creek from the Morgan County line to the confluence
with the Obed River, Daddys Creek from the Morgan County line to
the confluence with the Obed River; and the Emory River from the
confluence with the Obed River to the Nemo bridge as generally
depicted and classified on the stream classification map dated
December 1973. The Secretary of the Interior shall take such
action, with the participation of the State of Tennessee as is
provided for under subsection (b) of this section within one year
following October 12, 1976. The development plan required by such
subsection (b) shall include cooperative agreements between the
State of Tennessee acting through the Wildlife Resources Agency and
the Secretary of the Interior. Lands within the Wild and Scenic
River boundaries that are currently part of the Catoosa Wildlife
Management Area shall continue to be owned and managed by the
Tennessee Wildlife Resources Agency in such a way as to protect the
wildlife resources and primitive character of the area, and without
further development of roads, campsites, or associated recreational
facilities unless deemed necessary by that agency for wildlife
management practices. The Obed Wild and Scenic River shall be
managed by the Secretary of the Interior. For the purposes of
carrying out the provisions of this chapter with respect to this
river, there are authorized to be appropriated such sums as may be
necessary, but not to exceed $2,000,000 for the acquisition of
lands or interests in lands and not to exceed $400,000 for
development. No funds authorized to be appropriated pursuant to
this paragraph shall be available prior to October 1, 1977.
(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 and the
interested public, the Secretary shall take such action as is
provided for under subsection (b) of this section with respect to
the segment referred to in this paragraph within one year from
November 10, 1978. Any development or management plan prepared
pursuant to subsection (b) of this section 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 and management
plan. For the purposes of carrying out the provisions of this
chapter 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. Notwithstanding any other provision of this chapter,
the installation and operation of facilities or other activities
within or outside the boundaries of the Pere Marquette Wild and
Scenic River for the control of the lamprey eel shall be permitted
subject to such restrictions and conditions as the Secretary of
Agriculture may prescribe for the protection of water quality and
other values of the river, including the wild and scenic
characteristics of the river.
(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 Terrell-Val Verde County line; to be
administered by the Secretary of the Interior. The Secretary shall,
within two years after November 10, 1978, take such action with
respect to the segment referred to in this paragraph as is provided
for under subsection (b) of this section. 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 officials of the State of Texas and its political
subdivisions. The development plan required by subsection (b) of
this section 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 chapter 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 regarding 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,
signed November 23, 1970.
For purposes of carrying out the provisions of this chapter 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.
(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 Federal agencies, State and local
government and the interested public, the Secretary shall take such
action as is provided for under subsection (b) of this section with
respect to the segments referred to in this paragraph within one
year from November 10, 1978; as part 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 the
provisions of this chapter with respect to the river designated by
this paragraph there are authorized to be appropriated not more
than $11,734,000 for the acquisition of lands or interest in lands
and not more than $332,000 for development.
(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
704(c) of the National Parks and Recreation Act of 1978. Such
boundaries and 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 Natural Resources 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 the provisions of this chapter with
respect to the river designated by this paragraph there are
authorized to be appropriated such sums as may be necessary.
(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 purposes of carrying out this chapter 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 November 10, 1978,
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 [16 U.S.C. 460o et seq.] shall be
compatible with the purposes of this chapter and shall be located
at an appropriate distance from the river.
(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 Gold Run
Addition Area, as generally depicted on the map entitled "Proposed
Boundary Maps" contained in 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,
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 November 10,
1978; in applying such subsection (b) in the case of the Gold Run
Addition Area, the acreage limitation specified therein shall not
apply and in applying section 1277(g)(3) of this title, January 1,
1977 shall be substituted for January 1, 1967. For purposes of
carrying out the provisions of this chapter 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.
(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 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 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 (b) of this section within one year
from November 10, 1978. In administering such river, the Secretary
shall, to the extent, and in a manner, consistent with this section
-
(A) 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 November 10, 1978, 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 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 chapter. Administration of the river segment designated by
this paragraph shall be in coordination with, and pursuant to the
advice of a Recreational River Advisory Group which shall 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 authority to the contrary contained in section 1277(a) of this
title, 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 of this chapter with
respect to the river designated by this paragraph, there are
authorized to be appropriated not to exceed $21,000,000, for
acquisition of lands and interests in lands and for development.
(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 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 of the
main stem with the North Fork of the river. Nothing in this chapter
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 November 10,
1978. 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.
(24) Salmon, Idaho - (A) The segment of the main river from the
mouth of the North Fork of the Salmon River downstream to Long Tom
Bar in the following classes:
(i) the forty-six-mile segment from the mouth of the North Fork
of the Salmon River to Corn Creek as a recreational river; and
(ii) the seventy-nine-mile segment from Corn Creek to Long Tom
Bar as a wild river; all as generally depicted on a map entitled
"Salmon River" dated November 1979, which is on file and
available for public inspection in the Office of the Chief,
Forest Service, United States Department of Agriculture.
(B) This segment shall be administered by the Secretary of
Agriculture: Provided, That after consultation with State and local
governments and the interested public, the Secretary shall take
such action as is required by subsection (b) of this section within
one year from July 23, 1980.
(C) The use of motorboats (including motorized jetboats) within
this segment of the Salmon River shall be permitted to continue at
a level not less than the level of use which occurred during
calendar year 1978,
(D) Subject to existing rights of the State of Idaho, including
the right of access, with respect to the beds of navigable streams,
tributaries or rivers, dredge and placer mining in any form
including any use of machinery for the removal of sand and gravel
for mining purposes shall be prohibited within the segment of the
Salmon River designated as a component of the Wild and Scenic
Rivers System by this paragraph; within the fifty-three-mile
segment of the Salmon River from Hammer Creek downstream to the
confluence of the Snake River; and within the Middle Fork of the
Salmon River; and its tributary streams in their entirety:
Provided, That nothing in this paragraph shall be deemed to
prohibit the removal of sand and gravel, outside the boundaries of
the Frank Church - River of No Return Wilderness or the Gospel-Hump
Wilderness, above the high water mark of the Salmon River or the
Middle Fork and its tributaries for the purposes of construction or
maintenance of public roads; Provided further, That this paragraph
shall not apply to any written mineral leases approved by the Board
of Land Commissioners of the State of Idaho prior to January 1,
1980.
(E) The provisions of section 1278(a) of this title with respect
to the licensing of dams, water conduits, reservoirs, powerhouses,
transmission lines or other project works, shall apply to the
fifty-three-mile segment of the Salmon River from Hammer Creek
downstream to the confluence of the Snake River.
(F) For the purposes of the segment of the Salmon River
designated as a component of the Wild and Scenic Rivers System by
this paragraph, there is hereby authorized to be appropriated from
the Land and Water Conservation Fund, after October 1, 1980, not
more than $6,200,000 for the acquisition of lands and interests in
lands.
(25) Alagnak, Alaska - That segment of the main stem and the
major tributary to the Alagnak, the Nonvianuk River, within Katmai
National Preserve; to be administered by the Secretary of the
Interior.
(26) Alatna, Alaska - The main stem within the Gates of the
Arctic National Park; to be administered by the Secretary of the
Interior.
(27) Aniakchak, Alaska - That portion of the river, including its
major tributaries, Hidden Creek, Mystery Creek, Albert Johnson
Creek, and North Fork Aniakchak River, within the Aniakchak
National Monument and National Preserve; to be administered by the
Secretary of the Interior.
(28) Charley, Alaska - The entire river, including its major
tributaries, Copper Creek, Bonanza Creek, Hosford Creek, Derwent
Creek, Flat-Orthmer Creek, Crescent Creek, and Moraine Creek,
within the Yukon-Charley Rivers National Preserve; to be
administered by the Secretary of the Interior.
(29) Chilikadrotna, Alaska - That portion of the river within the
Lake Clark National Park and Preserve; to be administered by the
Secretary of the Interior.
(30) John, Alaska - That portion within the Gates of the Arctic
National Park; to be administered by the Secretary of the Interior.
(31) Kobuk, Alaska - That portion within the Gates of the Arctic
National Park and Preserve; to be administered by the Secretary of
the Interior.
(32) Mulchatna, Alaska - That portion within the Lake Clark
National Park and Preserve; to be administered by the Secretary of
the Interior.
(33) Noatak, Alaska - The river from its source in the Gates of
the Arctic National Park to its confluence with the Kelly River in
the Noatak National Preserve; to be administered by the Secretary
of the Interior.
(34) North Fork of the Koyukuk, Alaska - That portion within the
Gates of the Arctic National Park; to be administered by the
Secretary of the Interior.
(35) Salmon, Alaska - That portion within the Kobuk Valley
National Park; to be administered by the Secretary of the Interior.
(36) Tinayguk, Alaska - That portion within the Gates of the
Arctic National Park; to be administered by the Secretary of the
Interior.
(37) Tlikakila, Alaska - That portion within the Lake Clark
National Park; to be administered by the Secretary of the Interior.
(38) Andreafsky, Alaska - That portion from its source, including
all headwaters, and the East Fork, within the boundary of the Yukon
Delta National Wildlife Refuge; to be administered by the Secretary
of the Interior.
(39) Ivishak, Alaska - That portion from its source, including
all headwaters and an unnamed tributary from Porcupine Lake within
the boundary of the Arctic National Wildlife Range; to be
administered by the Secretary of the Interior.
(40) Nowitna, Alaska - That portion from the point where the
river crosses the west limit of township 18 south, range 22 east,
Kateel River meridian, to its confluence with the Yukon River
within the boundaries of the Nowitna National Wildlife Refuge; to
be administered by the Secretary of the Interior.
(41) Selawik, Alaska - That portion from a fork of the headwaters
in township 12 north, range 10 east, Kateel River meridian to the
confluence of the Kugarak River; within the Selawik National
Wildlife Refuge to be administered by the Secretary of the
Interior.
(42) Sheenjek, Alaska - The segment within the Arctic National
Wildlife Refuge; to be administered by the Secretary of the
Interior.
(43) Wind, Alaska - That portion from its source, including all
headwaters and one unnamed tributary in township 13 south, within
the boundaries of the Arctic National Wildlife Refuge; to be
administered by the Secretary of the Interior.
(44) Alagnak, Alaska - Those segments or portions of the main
stem and Nonvianuk tributary lying outside and westward of the
Katmia National Park/Preserve and running to the west boundary of
township 13 south, range 43 west; to be administered by the
Secretary of the Interior.
(45) Beaver Creek, Alaska - The segment of the main stem from the
vicinity of the confluence of the Bear and Champion Creeks
downstream to its exit from the northeast corner of township 12
north, range 6 east, Fairbanks meridian within the White Mountains
National Recreation Area, and the Yukon Flats National Wildlife
Refuge, to be administered by the Secretary of the Interior.
(46) Birch Creek, Alaska - The segment of the main stem from the
south side of Steese Highway in township 7 north, range 10 east,
Fairbanks meridian, downstream to the south side of the Steese
Highway in township 10 north, range 16 east; to be administered by
the Secretary of the Interior.
(47) Delta, Alaska - The segment from and including all of the
Tangle Lakes to a point one-half mile north of Black Rapids; to be
administered by the Secretary of the Interior.
(48) Fortymile, Alaska - The main stem within the State of
Alaska; O'Brien Creek; South Fork; Napoleon Creek, Franklin Creek,
Uhler Creek, Walker Fork downstream from the confluence of Liberty
Creek; Wade Creek; Mosquito Fork downstream from the vicinity of
Kechumstuk; West Fork Dennison Fork downstream from the confluence
of Logging Cabin Creek; Dennison Fork downstream from the
confluence of West Fork Dennison Fork: Logging Cabin Creek; North
Fork; Hutchison Creek; Champion Creek; the Middle Fork downstream
from the confluence of Joseph Creek; and Joseph Creek; to be
administered by the Secretary of the Interior.
(49) Gulkana, Alaska - The main stem from the outlet of Paxon
Lake in township 12 north, range 2 west, Copper River meridian to
the confluence with Sourdough Creek; the south branch of the west
fork from the outlet of an unnamed lake in sections 10 and 15,
township 10 north, range 7 west, Copper River meridian to the
confluence with the west fork; the north branch from the outlet of
two unnamed lakes, one in sections 24 and 25, the second in
sections 9 and 10, township 11 north, range 8 west, Copper River
meridian to the confluence with the west fork; the west fork from
its confluence with the north and south branches downstream to its
confluence with the main stem; the middle fork from the outlet of
Dickey Lake in township 13 north, range 5 west, Copper River
meridian to the confluence with the main stem; to be classified as
a wild river area and to be administered by the Secretary of the
Interior.
(50) Unalakleet, Alaska - The segment of the main stem from the
headwaters in township 12 south, range 3 west, Kateel River
meridian extending downstream approximately 65 miles to the western
boundary of township 18 south, range 8 west; to be administered by
the Secretary of the Interior.
(51) Verde, Arizona - The segment from the boundary between
national forest and private land in sections 26 and 27, township 13
north, range 5 east, Gila Salt River meridian, downstream to the
confluence with Red Creek, as generally depicted on a map entitled
"Verde River - Wild and Scenic River", dated March 1984, which is
on file and available for public inspection in the Office of the
Chief, Forest Service, United States Department of Agriculture; to
be administered by the Secretary of Agriculture. This designation
shall not prevent water users receiving Central Arizona Project
water allocations from diverting that water through an exchange
agreement with downstream water users in accordance with Arizona
water law. After consultation with State and local governments and
the interested public and within two years after August 28, 1984,
the Secretary shall take such action as is required under
subsection (b) of this section.
(52) Au Sable, Michigan - The segment of the main stem from the
project boundary of the Mio Pond project downstream to the project
boundary at Alcona Pond project as generally depicted on a map
entitled "Au Sable River" which is on file and available for public
inspection in the Office of the Chief, Forest Service, United
States Department of Agriculture; to be administered by the
Secretary of Agriculture.
(53) Tuolumne, California - The main river from its sources on
Mount Dana and Mount Lyell in Yosemite National Park to Don Pedro
Reservoir consisting of approximately 83 miles as generally
depicted on the proposed boundary map entitled "Alternative A"
contained in the Draft Tuolumne Wild and Scenic River Study and
Environmental Impact Statement published by the United States
Department of the Interior and Department of Agriculture in May
1979; to be administered by the Secretary of the Interior and the
Secretary of Agriculture. After consultation with State and local
governments and the interested public and within two years from
September 28, 1984, the Secretary shall take such action as is
required under subsection (b) of this section. Nothing in this
chapter shall preclude the licensing, development, operation, or
maintenance of water resources facilities on those portions of the
North Fork, Middle Fork or South Fork of the Tuolumne or Clavey
Rivers that are outside the boundary of the wild and scenic river
area as designated in this section. Nothing in this section is
intended or shall be construed to affect any rights, obligations,
privileges, or benefits granted under any prior authority of law
including chapter 4 of the Act of December 19, 1913, commonly
referred to as the Raker Act (38 Stat. 242) and including any
agreement or administrative ruling entered into or made effective
before September 28, 1984. For fiscal years commencing after
September 30, 1985, there are authorized to be appropriated such
sums as may be necessary to implement the provisions of this
subsection.
(54) Illinois, Oregon: The segment from the boundary of the
Siskiyou National Forest downstream to its confluence with the
Rogue River as generally depicted on a map entitled "Illinois River
Study" and is also part of a report entitled "A Proposal: Illinois
Wild and Scenic River"; to be administered by the Secretary of
Agriculture. After consultation with State and local governments
and the interested public, the Secretary shall take such action as
is required under subsection (b) of this section within one year
from October 19, 1984. For the purposes of this chapter with
respect to the river designated by this paragraph, effective
October 1, 1984, there are authorized to be appropriated such sums
as necessary for the acquisition of lands or interests in lands,
and such sums as necessary for development.
(55) Owyhee, Oregon: The South Fork from the Idaho-Oregon State
line downstream to Three Forks; the Owyhee River from Three Forks
downstream to China Gulch; and the Owyhee River downstream from
Crooked Creek to the Owyhee Reservoir as generally depicted on a
map entitled "Owyhee, Oregon" dated April 1984; all three segments
to be administered as a wild river by the Secretary of the
Interior. After consultation with State and local governments and
the interested public, the Secretary shall take such appropriate
action as is required under subsection (b) of this section within
one year from October 19, 1984. For the purposes of this chapter
with respect to the river designated by this paragraph, effective
October 1, 1984, there are authorized to be appropriated such sums
as necessary for the acquisition of lands or interests and such
sums as necessary for development.
(56) Horsepasture, North Carolina - The segment from Bohaynee
Road (N.C. 281) downstream approximately 4.25 miles to where the
segment ends at Lake Jocassee, to be administered by the Secretary
of Agriculture. Notwithstanding any limitation of section 1277 of
this title, the Secretary is authorized to utilize the authority of
this chapter and those pertaining to the National Forests to
acquire by purchase with donated or appropriated funds, donation,
exchange or otherwise, such non-Federal lands or interests in lands
within, near, or adjacent to the designated segments of the river
which the Secretary determines will protect or enhance the scenic
and natural values of the river.
(57) Cache la Poudre, Colorado - The following segments as
generally depicted on the proposed boundary map numbered FS-56 and
dated March 1986, published by the United States Department of
Agriculture, each to be administered by the Secretary of
Agriculture; except that those portions of the segments so
designated which are within the boundary of Rocky Mountain National
Park shall continue to be administered by the Secretary of the
Interior:
(A) Beginning at Poudre Lake downstream to the confluence of
Joe Wright Creek, as a wild river. This segment to be designated
the "Peter H. Dominick Wild River Area".
(B) Downstream from the confluence of Joe Wright Creek to a
point where the river intersects the easterly north-south line of
the west half southwest quarter of section 1, township 8 north,
range 71 west of the sixth principal meridian, as a recreational
river.
(C) South Fork of the Cache la Poudre River from its source to
the Commanche (!1) Peak Wilderness Boundary, approximately four
miles, as a wild river.
(D) Beginning at the Commanche (!1) Peak Wilderness Boundary to
a point on the South Fork of the Cache la Poudre River in section
1, township 7 north, range 73 west of the sixth principal
meridian, at elevation 8050 mean sea level, as a recreational
river.
(E) South Fork of the Cache la Poudre River from its
intersection with the easterly section line of section 30,
township 8 north, range 72 west of the sixth principal meridian,
to confluence of the main stem of the Cache la Poudre River, as a
wild river.
With respect to the portions of the river segments designated by
this paragraph which are within the boundaries of Rocky Mountain
National Park, the requirements of subsection (b) of this section
shall be fulfilled by the Secretary of the Interior through
appropriate revisions to the general management plan for the park,
and the boundaries, classification, and development plans for such
portions need not be published in the Federal Register. Such
revisions to the general management plan for the park shall assure
that no development or use of parklands shall be undertaken that is
inconsistent with the designation of such river segments as a wild
river. For the purposes of the segments designated by this
paragraph, there are authorized to be appropriated $500,000 for
development and $2,500,000 for land acquisition.
(58) Saline Bayou, Louisiana - The segment from Saline Lake
upstream to the Kisatchie National Forest, as generally depicted on
the Proposed Boundary Map, numbered FS-57, and dated March 1986; to
be administered by the Secretary of Agriculture. For the purposes
of the segment designated by this paragraph, there are authorized
to be appropriated for fiscal years commencing after September 30,
1986, not to exceed $1,000,000 for the acquisition of lands and
interests in lands and for development.
(59) Black Creek, Mississippi - The segment from Fairley Bridge
Landing upstream to Moody's Landing as generally depicted on a map
entitled "Black Creek Wild and Scenic River", numbered FS-58 and
dated March 1986, to be administered by the Secretary of
Agriculture as a scenic river area under section 1273(b)(2) of this
title. For the purposes of the segment designated by this
paragraph, there are authorized to be appropriated up to $300,000
for the acquisition of lands and interests in lands and for
development.
(60) Klickitat, Washington: The segment from its confluence with
Wheeler Creek, Washington, near the town of Pitt, Washington, to
its confluence with the Columbia River; to be classified as a
recreation river and to be administered by the Secretary of
Agriculture. The boundaries of the designated portions of the
Klickitat River shall be as generally depicted on a map dated
November, 1987, and entitled "Klickitat National Recreation River,
River Management Area: Final Boundary", which is on file in the
office of the Chief, Forest Service, Washington, District of
Columbia.
(61) White Salmon, Washington: The segment from its confluence
with Gilmer Creek, Washington, near the town of B Z Corner,
Washington, to its confluence with Buck Creek, Washington; to be
classified as a scenic river and to be administered by the
Secretary of Agriculture.
(62) Merced, California. - (A) The main stem from its sources
(including Red Peak Fork, Merced Peak Fork, Triple Peak Fork, and
Lyell Fork) on the south side of Mount Lyell in Yosemite National
Park to a point 300 feet upstream of the confluence with Bear
Creek, consisting of approximately 71 miles, and the South Fork of
the river from its source near Triple Divide Peak in Yosemite
National Park to the confluence with the main stem, consisting of
approximately 43 miles, both as generally depicted on the map
entitled "Merced River Wild and Scenic Rivers - Proposed", dated
June 1987, to be administered by the Secretary of Agriculture and
the Secretary of the Interior. With respect to the portions of the
river designated by this subparagraph which are within the
boundaries of Yosemite National Park, and the El Portal
Administrative Unit, the requirements of subsection (b) of this
section shall be fulfilled by the Secretary of the Interior through
appropriate revisions to the general management plan for the park,
and the boundaries, classification, and development plans for such
portions need not be published in the Federal Register. Such
revisions to the general management plan for the park shall assure
that no development or use of park lands shall be undertaken that
is inconsistent with the designation of such river segments. There
are authorized to be appropriated such sums as may be necessary to
carry out the purposes of this subparagraph, except that no more
than $235,000 may be appropriated to the Secretary of Agriculture
for the acquisition of lands and interests in lands.
(B)(i) The main stem from a point 300 feet upstream of the
confluence with Bear Creek downstream to the normal maximum
operating pool water surface level of Lake McClure (elevation 867
feet mean sea level) consisting of approximately 8 miles, as
generally depicted on the map entitled "Merced Wild and Scenic
River", dated April, 1990. The Secretary of the Interior shall
administer the segment as recreational, from a point 300 feet
upstream of the confluence with Bear Creek downstream to a point
300 feet west of the boundary of the Mountain King Mine, and as
wild, from a point 300 feet west of the boundary of the Mountain
King Mine to the normal maximum operating pool water surface level
of Lake McClure. The requirements of subsection (b) of this section
shall be fulfilled by the Secretary of the Interior through
appropriate revisions to the Sierra Management Framework Plan for
the Sierra Planning Area of the Folsom Resource Area, Bakersfield
District, Bureau of Land Management. There are authorized to be
appropriated such sums as may be necessary to carry out the
purposes of this subparagraph.
(ii) To the extent permitted by, and in a manner consistent with
section 1278 of this title, and in accordance with other applicable
law, the Secretary of the Interior shall permit the construction
and operation of such pumping facilities and associated pipelines
as identified in the Bureau of Land Management right-of-way
application CACA 26084, filed by the Mariposa County Water Agency
on November 7, 1989, and known as the "Saxon Creek Project", to
assure an adequate supply of water from the Merced River to
Mariposa County.
(C) With respect to the segments of the main stem of the Merced
River and the South Fork Merced River designated as recreational or
scenic pursuant to this paragraph or by the appropriate agency
pursuant to subsection (b) of this section, the minerals to (!2)
Federal lands which constitute the bed or bank or are situated
within one-quarter mile of the bank are hereby withdrawn, subject
to valid existing rights, from all forms of appropriation under the
mining laws and from operation of the mineral leasing laws
including, in both cases, amendments thereto.
(63) Kings, California. - The Middle Fork of the Kings River from
its headwaters at Lake Helen between Muir Pass and Black Giant
Mountain to its confluence with the main stem; the South Fork,
Kings River from its headwaters at Lake 11599 to its confluence
with the main stem; and the main stem of the Kings River from the
confluence of the Middle Fork and the South Fork to the point at
elevation 1,595 feet above mean sea level. The segments within the
Kings Canyon National Park shall be administered by the Secretary
of the Interior. The remaining segments shall be administered by
the Secretary of Agriculture. After consultation with State and
local governments and the interested public and within one year
after November 3, 1987, the respective Secretaries shall take such
action as is required under subsection (b) of this section. In the
case of the segments of the river administered by the Secretary of
the Interior, the requirements of subsection (b) of this section
shall be fulfilled through appropriate revisions to the general
management plan for Kings Canyon National Park, and the boundaries,
classification, and development plans for such segments need not be
published in the Federal Register. Such revisions to the general
management plan for the park shall assure that no development or
use of park lands shall be undertaken that is inconsistent with the
designation of the river under this paragraph. For the purposes of
the segments designated by this paragraph, there are authorized to
be appropriated such sums as may be necessary, but not to exceed
$250,000, to the Secretary of Agriculture for development and land
acquisition.
(64)(A) North Fork Kern River, California. - The segment of the
main stem from the Tulare-Kern County line to its headwaters in
Sequoia National Park, as generally depicted on a map entitled
"Kern River Wild and Scenic River - Proposed" and dated June, 1987;
to be administered by the Secretary of Agriculture; except that
portion of the river within the boundaries of the Sequoia National
Park shall be administered by the Secretary of the Interior. With
respect to the portion of the river segment designated by this
paragraph which is within the boundaries of Sequoia National Park,
the requirements of subsection (b) of this section shall be
fulfilled by the Secretary of the Interior through appropriate
revisions to the general management plan for the park, and the
boundaries, classification, and development plans for such portion
need not be published in the Federal Register. Such revision to the
general management plan for the park shall assure that no
developments or use of park lands shall be undertaken that is
inconsistent with the designation of such river segment.
(B) South Fork Kern River, California. - The segment from its
headwaters in the Inyo National Forest to the southern boundary of
the Domelands Wilderness in the Sequoia National Forest, as
generally depicted on a map entitled "Kern River Wild and Scenic
River - Proposed" and dated June 1987; to be administered by the
Secretary of Agriculture.
(C) Nothing in this chapter shall affect the continued operation
and maintenance of the existing diversion project, owned by
Southern California Edison on the North Fork of the Kern River,
including reconstruction or replacement of facilities to the same
extent as existed on November 24, 1987.
(D) For the purposes of the segments designated by this
paragraph, there are authorized to be appropriated such sums as may
be necessary, but not to exceed $100,000, to the Secretary of
Agriculture for development and land acquisition.
(65) Bluestone, West Virginia. - The segment in Mercer and
Summers Counties, West Virginia, from a point approximately two
miles upstream of the Summers and Mercer County line down to the
maximum summer pool elevation (one thousand four hundred and ten
feet above mean sea level) of Bluestone Lake as depicted on the
boundary map entitled "Bluestone Wild and Scenic River", numbered
BLUE-80,005, dated May 1996; to be administered by the Secretary of
the Interior as a scenic river. In carrying out the requirements of
subsection (b) of this section, the Secretary shall consult with
State and local governments and the interested public. The
Secretary shall not be required to establish detailed boundaries of
the river as provided under subsection (b) of this section. Nothing
in this chapter shall preclude the improvement of any existing road
or right-of-way within the boundaries of the segment designated
under this paragraph. Jurisdiction over all lands and improvements
on such lands owned by the United States within the boundaries of
the segment designated under this paragraph is hereby transferred
without reimbursement to the administrative jurisdiction of the
Secretary of the Interior, subject to leases in effect on October
26, 1988 (or renewed thereafter) between the United States and the
State of West Virginia with respect to the Bluestone State Park and
the Bluestone Public Hunting and Fishing Area. Nothing in this
chapter shall affect the management by the State of hunting and
fishing within the segment designated under this paragraph. Nothing
in this chapter shall affect or impair the management by the State
of West Virginia of other wildlife activities in the Bluestone
Public Hunting and Fishing Area to the extent permitted in the
lease agreement as in effect on October 26, 1988, and such
management may be continued pursuant to renewal of such lease
agreement. If requested to do so by the State of West Virginia, the
Secretary may terminate such leases and assume administrative
authority over the areas concerned. Nothing in the designation of
the segment referred to in this paragraph shall affect or impair
the management of the Bluestone project or the authority of any
department, agency, or instrumentality of the United States to
carry out the project purposes of that project as of October 26,
1988. Nothing in this chapter shall be construed to affect the
continuation of studies relating to such project which were
commenced before October 26, 1988. In order to provide reasonable
public access and vehicle parking for public use and enjoyment of
the river designated by this paragraph, consistent with the
preservation and enhancement of the natural and scenic values of
such river, the Secretary may, with the consent of the owner
thereof, negotiate a memorandum of understanding or cooperative
agreement, or acquire not more than 10 acres of lands or interests
in such lands, or both, as may be necessary to allow public access
to the Bluestone River and to provide, outside the boundary of the
scenic river, parking and related facilities in the vicinity of the
area known as Eads Mill.
(66)(A) Sipsey Fork of the West Fork, Alabama. - Segments of the
Sipsey Fork and several tributaries; to be administered by the
Secretary of Agriculture in the classifications indicated, as
follows:
(1) Sipsey Fork from the confluence of Sandy Creek upstream to
Forest Highway 26, as a scenic river; and
(2) Sipsey Fork from Forest Highway 26 upstream to it origin at
the confluence of Thompson Creek and Hubbard Creek, as a wild
river; and
(3) Hubbard Creek from its confluence with Thompson Creek
upstream to Forest Road 210, as a wild river; and
(4) Thompson Creek from its confluence with Hubbard Creek
upstream to its origin in section 4, township 8 south, range 9
west, as a wild river; and
(5) Tedford Creek from its confluence with Thompson Creek
upstream to section 17, township 8 south, range 9 west, as a wild
river; and
(6) Mattox Creek from it confluence with Thompson Creek
upstream to section 36 of township 7 south, range 9 west, as a
wild river; and
(7) Borden Creek from its confluence with the Sipsey Fork
upstream to Forest Road 208, as a wild river; and
(8) Borden Creek from Forest Road 208 upstream to its
confluence with Montgomery Creek, as a scenic river; and
(9) Montgomery Creek from its confluence with Borden Creek
upstream to the southwest quarter of the southwest quarter of
section 36, township 7 south, range 8 west, as a scenic river;
and
(10) Flannigan Creek from its confluence with Borden Creek
upstream to Forest Road 208, as a wild river; and
(11) Flannigan Creek from Forest Road 208 upstream to section
4, township 8 south, range 8 west, as a scenic river; and
(12) Braziel Creek from its confluence with Borden Creek
upstream to section 12, township 8 south, range 9 west, as a wild
river; and
(13) Hogood Creek from its confluence with Braziel Creek
upstream to the confluence with an unnamed tributary in section
7, township 8 south, range 8 west, as a wild river.
(B) A map entitled "Sipsey Fork of the West Fork Wild and Scenic
River", generally depicting the Sipsey Fork and the tributaries,
shall be on file and remain available for public inspections in the
office of the Chief of the Forest Service, Department of
Agriculture.
(67) Wildcat River, New Hampshire. - (A) A 14.51 mile segment
including the following tributaries: Wildcat Brook, Bog Brook, and
Great Brook (all as generally depicted on a map entitled "Wildcat
River", dated October 1987) to be administered as follows: those
segments of the Wildcat River and its tributaries located within
the boundary of the White Mountain National Forest (hereinafter in
this paragraph referred to as "the forest") shall be administered
by the Secretary of Agriculture (hereinafter in this paragraph
referred to as the "Secretary"); those segments located outside the
boundary of the forest shall be administered by the Secretary
through a cooperative agreement with the Board of Selectmen of the
town of Jackson and the State of New Hampshire pursuant to section
1281(e) of this title. Such agreement shall provide for the
long-term protection, preservation, and enhancement of the river
segments located outside the boundary of the forest and shall be
consistent with the comprehensive management plan to be prepared by
the Secretary pursuant to subsection (d) of this section and with
the July 1987 River Conservation Plan prepared by the Wildcat Brook
Advisory Committee in conjunction with the National Park Service.
(B)(i) To assist in the implementation of this paragraph, the
Secretary shall establish, within 3 months after October 28, 1988,
a Wildcat River Advisory Commission (hereinafter in this paragraph
referred to as the "Commission").
(ii) The Commission shall be composed of 7 members appointed by
the Secretary as follows: one member from recommendations submitted
by the Governor of the State of New Hampshire; 4 members from
recommendations submitted by the Jackson Board of Selectmen, of
which at least 2 members shall be riparian property owners, and at
least one member shall be on the Board of Selectmen; one member
from recommendations submitted by the Jackson Conservation
Commission; and one member selected by the Secretary. Members of
the Commission shall be appointed for terms of 3 years. A vacancy
in the Commission shall be filled in the manner in which the
original appointment was made. Any member appointed to fill a
vacancy occurring before the expiration of the term for which his
predecessor was appointed shall be appointed only for the remainder
of such term. Any member of the Commission appointed for a definite
term may serve after the expiration of his term until his successor
is appointed. The Commission shall designate one of its members as
Chairman.
(iii) The Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which
have a distribution which generally covers the area affected by the
designation of the segments described in this paragraph. Commission
meetings shall be held at locations and in such a manner as to
ensure adequate public involvement.
(iv) Members of the Commission shall serve without compensation
as such, but the Secretary may pay expenses reasonably incurred in
carrying out their responsibilities under this paragraph on
vouchers signed by the Chairman.
(v) Four members of the Commission shall constitute a quorum but
a lesser number may hold hearings.
(vi) The Commission shall cease to exist on the date 10 years
after October 28, 1988.
(vii) The provisions of section 14(b) of the Federal Advisory
Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby
waived with respect to the Commission.
(C) The authority of the Secretary to acquire lands outside the
boundary of the White Mountain National Forest for purposes of this
paragraph shall be limited to acquisition by donation or
acquisition with the consent of the owner thereof. The Secretary
may also acquire scenic easements for purposes of this paragraph as
provided in section 1277 of this title.
(D) There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this paragraph.
(68) Big Marsh Creek, Oregon. - The 15-mile segment from the
northeast quarter of section 15, township 26 south, range 6 east,
to its confluence with Crescent Creek in the northeast quarter of
section 20, township 24 south, range 7 east, as a recreational
river; to be administered by the Secretary of Agriculture:
Provided, That nothing in this chapter shall prohibit the Secretary
from undertaking construction activities to enhance and restore
wetland resources associated with Big Marsh Creek.
(69) Chetco, Oregon. - The 44.5-mile segment from its headwaters
to the Siskiyou National Forest boundary; to be administered by the
Secretary of Agriculture in the following classes:
(A) The 25.5-mile segment from its headwaters to Boulder Creek
at the Kalmiopsis Wilderness boundary as a wild river;
(B) the 8-mile segment from Boulder Creek to Steel Bridge as a
scenic river; and
(C) the 11-mile segment from Steel Bridge to the Siskiyou
National Forest boundary, one mile below Wilson Creek, as a
recreational river.
(70) Clackamas, Oregon. - The 47-mile segment from Big Springs to
Big Cliff; to be administered by the Secretary of Agriculture in
the following classes:
(A) The 4-mile segment from Big Springs to the Forest Service
Road 4690 bridge as a scenic river;
(B) the 3.5-mile segment from the Forest Service Road 4690
bridge to the junction with Oregon State Highway 224 as a
recreational river;
(C) the 10.5-mile segment from Oregon State Highway 224 to the
June Creek Bridge as a scenic river;
(D) the 9-mile segment from June Creek Bridge to Tar Creek as a
recreational river;
(E) the 5.5-mile segment from Tar Creek to just south of Indian
Henry Campground as a scenic river; and
(F) the 14.5-mile segment just south of Indian Henry Campground
to Big Cliff as a recreational river.
(71) Crescent Creek, Oregon. - The 10-mile segment from the
southwest quarter of section 11, township 24 south, range 6 east,
to the west section line of section 13, township 24 south, range 7
east, as a recreational river; to be administered by the Secretary
of Agriculture.
(72) Crooked, Oregon. - The 15-mile segment from the National
Grassland boundary to Dry Creek; to be administered by the
Secretary of the Interior in the following classes:
(A) The 7-mile segment from the National Grassland boundary to
River Mile 8 south of Opal Spring as a recreational river; and
(B) the 8-mile segment from Bowman Dam to Dry Creek as a
recreational river.
(73) Deschutes, Oregon. - Those portions as follows:
(A) The 40.4-mile segment from Wickiup Dam to northern boundary
of Sunriver at the southwest quarter of section 20, township 19
south, range 11 east as a recreational river; to be administered
by the Secretary of Agriculture;
(B) the 11-mile segment from the northern boundary of Sunriver
at the southwest quarter of section 20, township 19 south, range
11 east, to Lava Island Camp as a scenic river; to be
administered by the Secretary of Agriculture;
(C) the 3-mile segment from Lava Island Camp to the Bend Urban
Growth Boundary at the southwest corner of section 13, township
18 south, range 11 east, as a recreational river; to be
administered by the Secretary of Agriculture;
(D) the 19-mile segment from Oden Falls to the Upper End of
Lake Billy Chinook as a scenic river; to be administered by the
Secretary of the Interior;
(E) the 100-mile segment from the Pelton Reregulating Dam to
its confluence with the Columbia River as a recreational river;
to be administered by the Secretary of the Interior through a
cooperative management agreement between the Confederated Tribes
of the Warm Springs Reservation, and the State of Oregon as
provided in section 1281(e) of this title and section 105 of the
Omnibus Oregon Wild and Scenic Rivers Act of 1988.
(74) Donner und Blitzen, Oregon. - Those segments, including its
major tributaries, as a wild river; to be administered by the
Secretary of the Interior as follows:
(A) The 16.75-mile segment of the Donner und Blitzen from its
confluence with the South Fork Blitzen and Little Blitzen.
(B) The 12.5-mile segment of the Little Blitzen from its
headwaters to its confluence with the South Fork Blitzen.
(C) The 16.5-mile segment of the South Fork Blitzen from its
headwaters to its confluence with the South Fork Blitzen.
(D) The 10-mile segment of Big Indian Creek from its headwaters
to its confluence with the South Fork Blitzen.
(E) The 3.7-mile segment of Little Indian Creek from its
headwaters to its confluence with Big Indian Creek.
(F) The 13.25-mile segment of Fish Creek from its headwaters to
its confluence with the Donner und Blitzen.
(G) The 5.1 mile segment of Mud Creek from its confluence with
an unnamed spring in the SW 1/4(!SE)1/4 of section 32, township
33 south, range 33 east, to its confluence with the Donner und
Blitzen River.
(H) The 8.1 mile segment of Ankle Creek from its headwaters to
its confluence with the Donner und Blitzen River.
(I) The 1.6 mile segment of the South Fork of Ankle Creek from
its confluence with an unnamed tributary in the SE 1/4(!SE)1/4
of section 17, township 34 south, range 33 east, to its
confluence with Ankle Creek.
(75) Eagle Creek, Oregon. - The 27-mile segment from its
headwaters below Eagle Lake to the Wallowa-Whitman National Forest
boundary at Skull Creek; to be administered by the Secretary of
Agriculture in the following classes:
(A) The 4-mile segment from its headwaters below Eagle Lake to
the Eagle Cap Wilderness boundary at Hummingbird Mountain as a
wild river;
(B) the 15.5-mile segment from the Eagle Cap Wilderness
boundary at Hummingbird Mountain to Paddy Creek as a recreational
river;
(C) the 6-mile segment from Paddy Creek to Little Eagle Creek
as a scenic river; and
(D) the 1.5-mile segment from Little Eagle Creek to the
Wallowa-Whitman National Forest boundary as a recreational river.
(76) Elk, Oregon. - The 19-mile segment to be administered by the
Secretary of Agriculture in the following classes:
(A) The 17-mile segment from the confluence of the North and
South Forks of the Elk to Anvil Creek as a recreational river;
and
(B) the 2-mile segment of the North Fork Elk from the falls to
its confluence with the South Fork as a wild river.
(77) Grande Ronde, Oregon. - The 43.8-mile segment from its
confluence with the Wallowa River to the Oregon-Washington State
line in the following classes:
(A) The 1.5-mile segment from its confluence with the Wallowa
River to the Umatilla National Forest boundary in section 11,
township 3 north, range 40 east, as a recreational river; to be
administered by the Secretary of Agriculture;
(B) the 17.4-mile segment from the Umatilla National Forest
boundary in section 11, township 3 north, range 40 east, to the
Wallowa-Whitman National Forest boundary approximately one-half
mile east of Grossman Creek as a wild river; to be administered
by the Secretary of Agriculture;
(C) the 9-mile segment from the Wallowa-Whitman National Forest
boundary approximately one-half mile east of Grossman Creek to
Wildcat Creek as a wild river; to be administered by the
Secretary of the Interior; and
(D) the 15.9-mile segment from Wildcat Creek to the
Oregon-Washington State line as a recreational river; to be
administered by the Secretary of the Interior.
(78) Imnaha, Oregon. - Those segments, including the South Fork
Imnaha; to be administered by the Secretary of Agriculture in the
following classes:
(A) The 6-mile segment from its confluence with the North and
South Forks of the Imnaha River to Indian Crossing as a wild
river;
(B) the 58-mile segment from Indian Crossing to Cow Creek as a
recreational river;
(C) the 4-mile segment from Cow Creek to its mouth as a scenic
river; and
(D) the 9-mile segment of the South Fork Imnaha from its
headwaters to its confluence with the Imnaha River as a wild
river.
(79) John Day, Oregon. - The 147.5-mile segment from Service
Creek to Tumwater Falls as a recreational river; to be administered
through a cooperative management agreement between the State of
Oregon and the Secretary of the Interior as provided in section
1281(e) of this title.
(80) Joseph Creek, Oregon. - The 8.6-mile segment from Joseph
Creek Ranch, one mile downstream from Cougar Creek, to the
Wallowa-Whitman National Forest boundary as a wild river; to be
administered by the Secretary of Agriculture.
(81) Little Deschutes, Oregon. - The 12-mile segment from its
source in the northwest quarter of section 15, township 26 south,
range 6 1/2 east to the north section line of section 12, township
26 south, range 7 east as a recreational river; to be administered
by the Secretary of Agriculture.
(82) Lostine, Oregon. - The 16-mile segment from its headwaters
to the Wallowa-Whitman National Forest boundary; to be administered
by the Secretary of Agriculture in the following classes:
(A) The 5-mile segment from its headwaters to the Eagle Cap
Wilderness boundary as a wild river; and
(B) the 11-mile segment from the Eagle Cap Wilderness boundary
to the Wallowa-Whitman National Forest boundary at Silver Creek
as a recreational river.
(83) Malheur, Oregon. - The 13.7-mile segment from Bosonberg
Creek to the Malheur National Forest boundary; to be administered
by the Secretary of Agriculture in the following classes:
(A) The 7-mile segment from Bosonberg Creek to Malheur Ford as
a scenic river; and
(B) the 6.7-mile segment from Malheur Ford to the Malheur
National Forest boundary as a wild river.
(84) McKenzie, Oregon. - The 12.7-mile segment from Clear Lake to
Scott Creek; to be administered by the Secretary of Agriculture in
the following classes:
(A) The 1.8-mile segment from Clear Lake to the head of maximum
pool at Carmen Reservoir as a recreational river;
(B) the 4.3-mile segment from a point 100 feet downstream from
Carmen Dam to the maximum pool at Trail Bridge Reservoir as a
recreational river; and
(C) the 6.6-mile segment from the developments at the base of
the Trail Bridge Reservoir Dam to Scott Creek as a recreational
river.
(85) Metolius, Oregon. - The 28.6-mile segment from the south
Deschutes National Forest boundary to Lake Billy Chinook in the
following classes:
(A) The 11.5-mile segment from the south Deschutes National
Forest boundary (approximately 2,055.5 feet from Metolius
Springs) to Bridge 99 as a recreational river; to be administered
by the Secretary of Agriculture;
(B) the 17.1-mile segment from Bridge 99 to Lake Billy Chinook
as a scenic river; by (!3) the Secretary of Agriculture, through
a cooperative management agreement between the Secretary of the
Interior and the Confederated Tribes of the Warm Springs
Reservation, as provided in section 1281(e) of this title and
section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of
1988: Provided, That the river and its adjacent land area will be
managed to provide a primitive recreational experience as defined
in the ROS User's Guide.
(86) Minam, Oregon. - The 39-mile segment from its headwaters at
the south end of Minam Lake to the Eagle Cap Wilderness boundary,
one-half mile downstream from Cougar Creek, as a wild river; to be
administered by the Secretary of Agriculture.
(87) North Fork Crooked, Oregon. - The 32.3-mile segment from its
source at Williams Prairie to one mile from its confluence with the
Crooked River in the following classes:
(A) The 3-mile segment from its source at Williams Prairie to
the Upper End of Big Summit Prairie as a recreational river; to
be administered by the Secretary of Agriculture;
(B) the 3.7-mile segment from the Lower End of Big Summit
Prairie to the bridge across from the Deep Creek Campground as a
recreational river; to be administered by the Secretary of
Agriculture;
(C) the 8-mile segment from the bridge across from the Deep
Creek Campground to the Ochoco National Forest boundary, one-half
mile from Lame Dog Creek as a scenic river; to be administered by
the Secretary of Agriculture;
(D) the 1.5-mile segment from the Ochoco National Forest
boundary to Upper Falls as a scenic river; to be administered by
the Secretary of the Interior;
(E) the 11.1-mile segment from Upper Falls to Committee Creek
as a wild river; to be administered by the Secretary of the
Interior; and
(F) the 5-mile segment from Committee Creek to one mile from
its confluence with the Crooked River as a recreational river; to
be administered by the Secretary of the Interior.
(88) North Fork John Day, Oregon. - The 54.1-mile segment from
its headwaters in the North Fork of the John Day Wilderness Area at
section 13, township 8 south, range 36 east, to its confluence with
Camas Creek in the following classes:
(A) The 3.5-mile segment from its headwaters in the North Fork
of the John Day Wilderness at section 13, township 8 south, range
36 east, to the North Fork of the John Day Wilderness boundary as
a wild river; to be administered by the Secretary of Agriculture;
(B) the 7.5-mile segment from the North Fork of the John Day
Wilderness boundary to Trail Creek as a recreational river; to be
administered by the Secretary of Agriculture;
(C) the 24.3-mile segment from Trail Creek to Big Creek as a
wild river; to be administered by the Secretary of Agriculture;
(D) the 10.5-mile segment from Big Creek to Texas Bar Creek as
a scenic river; to be administered by the Secretary of
Agriculture; and
(E) the 8.3-mile segment from Texas Bar Creek to its confluence
with Camas Creek as a recreational river; to be administered by
the Secretary of Agriculture.
(89) North Fork Malheur, Oregon. - The 25.5-mile segment from its
headwaters to the Malheur National Forest boundary as a scenic
river; to be administered by the Secretary of Agriculture.
(90) North Fork of the Middle Fork of the Willamette, Oregon. -
The 42.3-mile segment from Waldo Lake to the Willamette National
Forest boundary; to be administered by the Secretary of Agriculture
in the following classes:
(A) The 8.8-mile segment from Waldo Lake to the south section
line of section 36, township 19 south, range 5 1/2 east as a
wild river;
(B) the 6.5-mile segment from the south section line of section
36, township 19 south, range 5 1/2 east to Fisher Creek as a
scenic river; and
(C) the 27-mile segment from Fisher Creek to the Willamette
National Forest boundary as a recreational river.
(91) North Fork Owyhee, Oregon. - The 8-mile segment from the
Oregon-Idaho State line to its confluence with the Owyhee River as
a wild river; to be administered by the Secretary of the Interior.
(92) North Fork Smith, Oregon. - The 13-mile segment from its
headwaters to the Oregon-California State line; to be administered
by the Secretary of Agriculture in the following classes:
(A) The 6.5-mile segment from its headwaters to Horse Creek as
a wild river;
(B) the 4.5-mile segment from Horse Creek to Baldface Creek as
a scenic river; and
(C) the 2-mile segment from Baldface Creek to the
Oregon-California State line as a wild river.
(93) North Fork Sprague, Oregon. - The 15-mile segment from the
head of River Spring in the southwest quarter of section 15,
township 35 south, range 16 east, to the northwest quarter of the
southwest quarter of section 11, township 35 south, range 15 east,
as a scenic river; to be administered by the Secretary of
Agriculture.
(94) North Powder, Oregon. - The 6-mile segment from its
headwaters to the Wallowa-Whitman National Forest boundary at River
Mile 20 as a scenic river; to be administered by the Secretary of
Agriculture.
(95) North Umpqua, Oregon. - The 33.8-mile segment from the Soda
Springs Powerhouse to Rock Creek in the following classes:
(A) The 25.4-mile segment from the Soda Springs Powerhouse to
the Umpqua National Forest boundary as a recreational river; to
be administered by the Secretary of Agriculture; and
(B) the 8.4-mile segment from the Umpqua National Forest
boundary to its confluence with Rock Creek as a recreational
river; to be administered by the Secretary of the Interior.
(96) Powder, Oregon. - The 11.7-mile segment from Thief Valley
Dam to the Highway 203 bridge as a scenic river; to be administered
by the Secretary of the Interior.
(97) Quartzville Creek, Oregon. - The 12-mile segment from the
Willamette National Forest boundary to slack water in Green Peter
Reservoir as a recreational river; to be administered by the
Secretary of the Interior.
(98) Roaring, Oregon. - The 13.7-mile segment from its headwaters
to its confluence with the Clackamas River; to be administered by
the Secretary of Agriculture in the following classes:
(A) The 13.5-mile segment from its headwaters to one-quarter
mile upstream of the mouth as a wild river; and
(B) the 0.2-mile segment from one-quarter mile upstream of the
mouth to its confluence with the Clackamas River as a
recreational river.
(99) Salmon, Oregon. - The 33.5-mile segment from its headwaters
to its confluence with the Sandy River in the following classes:
(A) The 7-mile segment from its headwaters to the south
boundary line of section 6, township 4 south, range 9 east as a
recreational river; to be administered by the Secretary of
Agriculture: Provided, That designation and classification shall
not preclude the Secretary from exercising discretion to approve
the construction, operation, and maintenance of ski lifts, ski
runs, and associated facilities for the land comprising the
Timberline Lodge Winter Sports Area insofar as such construction
does not involve water resources projects;
(B) the 15-mile segment from the south boundary line at section
6, township 4 south, range 9 east to the junction with the South
Fork of the Salmon River as a wild river; to be administered by
the Secretary of Agriculture;
(C) the 3.5-mile segment from the junction with the south fork
of the Salmon River to the Mt. Hood National Forest boundary as a
recreational river; to be administered by the Secretary of
Agriculture;
(D) the 3.2-mile segment from the Mt. Hood National Forest
boundary to Lymp Creek as a recreational river; to be
administered by the Secretary of the Interior; and
(E) the 4.8-mile segment from Lymp Creek to its confluence with
the Sandy River as a scenic river; to be administered by the
Secretary of the Interior.
(100) Sandy, Oregon. - Those portions as follows:
(A) The 4.5-mile segment from its headwaters to the section
line between sections 15 and 22, township 2 south, range 8 east
as a wild river; to be administered by the Secretary of
Agriculture;
(B) the 7.9-mile segment from the section line between sections
15 and 22, township 2 south, range 8 east to the Mt. Hood
National Forest boundary at the west section line of section 26,
township 2 south, range 7 east as a recreational river; to be
administered by the Secretary of Agriculture; and
(C) the 12.5-mile segment from the east boundary of sections 25
and 36, township 1 south, range 4 east in Clackamas County near
Dodge Park, downstream to the west line of the east half of the
northeast quarter of section 6, township 1 south, range 4 east,
in Multnomah County at Dabney State Park, the upper 3.8 miles as
a scenic river and the lower 8.7 miles as a recreational river;
both to be administered through a cooperative management
agreement between the State of Oregon, the Secretary of the
Interior and the Counties of Multnomah and Clackamas in
accordance with section 1281(e) of this title.
(101) South Fork John Day, Oregon. - The 47-mile segment from the
Malheur National Forest to Smokey Creek as a recreational river; to
be administered by the Secretary of the Interior.
(102) Squaw Creek, Oregon. - The 15.4-mile segment from its
source to the hydrologic Gaging Station 800 feet upstream from the
intake of the McAllister Ditch, including the Soap Fork Squaw
Creek, the North Fork, the South Fork, the East and West Forks of
Park Creek, and Park Creek Fork; to be administered by the
Secretary of Agriculture as follows:
(A) The 6.6-mile segment and its tributaries from the source to
the Three Sisters Wilderness boundary as a wild river; and
(B) the 8.8-mile segment from the boundary of the Three Sisters
Wilderness Area to the hydrologic Gaging Station 800 feet
upstream from the intake of the McAllister Ditch as a scenic
river: Provided, That nothing in this chapter shall prohibit the
construction of facilities necessary for emergency protection for
the town of Sisters relative to a rapid discharge of Carver Lake
if no other reasonable flood warning or control alternative
exists.
(103) Sycan, Oregon. - The 59-mile segment from the northeast
quarter of section 5, township 34 south, range 17 east to Coyote
Bucket at the Fremont National Forest boundary; to be administered
by the Secretary of Agriculture in the following classes:
(A) The 26.4-mile segment from the northeast quarter of section
5, township 34 south, range 17 east to the west section line of
section 22, township 32 south, range 14 1/2 east, as a scenic
river;
(B) the 8.6-mile segment from the west section line of section
22, township 32 south, range 14 east, to the Fremont National
Forest boundary in the southeast quarter of section 10, township
33 south, range 13 east, as a recreational river; and
(C) the 24-mile segment from the Fremont National Forest
boundary in the southwest quarter of section 10, township 33
south, range 13 east, to Coyote Bucket at the Fremont National
Forest boundary, as a scenic river.
(104) Upper Rogue, Oregon. - The 40.3-mile segment from the
Crater Lake National Park boundary to the Rogue River National
Forest boundary; to be administered by the Secretary of Agriculture
in the following classes:
(A) The 0.5-mile segment from the Crater Lake National Park
boundary to approximately 0.1-mile downstream from the forest
road 6530760 (West Lake Road) crossing as a scenic river;
(B) the 6.1-mile segment from approximately 0.1-mile downstream
from the forest road 6530760 (West Lake Road) crossing to
Minehaha Creek as a wild river; and
(C) the 33.7-mile segment from Minehaha Creek to the Rogue
River National Forest boundary as a scenic river.
(105) Wenaha, Oregon. - The 21.55-mile segment from the
confluence of the North Fork and the South Fork to its confluence
with the Grande Ronde River; to be administered by the Secretary of
Agriculture in the following classes:
(A) The 18.7-mile segment from the confluence of the North Fork
and South Fork to the Umatilla National Forest as a wild river;
(B) the 2.7-mile segment from the Umatilla National Forest
boundary to the easternmost boundary of the Wenaha State Wildlife
Area as a scenic area; and
(C) the 0.15-mile segment from the easternmost boundary of the
Wenaha State Wildlife Area to the confluence with the Grande
Ronde River as a recreational river.
(106) West Little Owyhee, Oregon. - The 51-mile segment from its
headwaters to its confluence with Owyhee River as a wild river; to
be administered by the Secretary of the Interior.
(107) White, Oregon. - The 46.5-mile segment from its headwaters
to its confluence with the Deschutes River in the following
classes:
(A) The 2-mile segment from its headwaters to the section line
between sections 9 and 16, township 3 south, range 9 east, as a
recreational river; to be administered by the Secretary of
Agriculture: Provided, That designation and classification shall
not preclude the Secretary from exercising discretion to approve
construction, operation, and from exercising discretion to
approve construction, operation, and maintenance of ski lifts,
ski runs, and associated facilities for the land comprising the
Mt. Hood Winter Sports Area insofar as such construction does not
involve water resource projects and is consistent with protecting
the values for which the river was designated.
(B) the 13.6-mile segment from the section line between
sections 9 and 16, township 3 south, range 9 east, to Deep Creek
as a recreational river; to be administered by the Secretary of
Agriculture;
(C) the 6.5-mile segment from Deep Creek to the Mt. Hood
National Forest boundary as a scenic river; to be administered by
the Secretary of Agriculture;
(D) the 17.5-mile segment from the Mt. Hood National Forest
boundary to Three Mile Creek as a scenic river; to be
administered by the Secretary of the Interior;
(E) the 5.3-mile segment from Three Mile Creek to River Mile
2.2 as a recreational river; to be administered by the Secretary
of the Interior; and
(F) the 1.6-mile segment from River Mile 1.6 to its confluence
with the Deschutes River as a recreational river; to be
administered by the Secretary of the Interior.
(108) Rio Chama, New Mexico. - The segment extending from El Vado
Ranch launch site (immediately south of El Vado Dam) downstream
approximately 24.6 miles to elevation 6,353 feet above mean sea
level; to be administered by the Secretary of Agriculture and the
Secretary of the Interior. For purposes of compliance with the
planning requirements of subsection (d) of this section, the
Cooperative Management Plan for the river prepared by the Secretary
of Agriculture and the Secretary of the Interior may be revised and
amended to the extent necessary to conform to the provisions of
this chapter. The segment of the Rio Chama beginning at the El Vado
Ranch launch site downstream to the beginning of Forest Service
Road 151 shall be administered as a wild river and the segment
downstream from the beginning of Forest Service Road 151 to
elevation 6,353 feet shall be administered as a scenic river.
(109) East Fork of Jemez, New Mexico. - The 11-mile segment from
the Santa Fe National Forest boundary to its confluence with the
Rio San Antonio; to be administered by the Secretary of Agriculture
in the following classifications:
(A) the 2-mile segment from the Santa Fe National Forest
boundary to the second crossing of State Highway 4, near Las
Conchas Trailhead, as a recreational river; and
(B) the 4-mile segment from the second crossing of State
Highway 4, near Las Conchas Trailhead, to the third crossing of
State Highway 4, approximately one and one-quarter miles upstream
from Jemez Falls, as a wild river; and
(C) the 5-mile segment from the third crossing of State Highway
4, approximately one and one-quarter miles upstream from Jemez
Falls, to its confluence with the Rio San Antonio, as a scenic
river.
After June 6, 1990, Federal lands within the boundaries of the
segments designated under this paragraph or which constitute the
bed or bank or are situated within one-quarter mile of the ordinary
highwater mark on each side of such segments are withdrawn, subject
to valid existing rights, from all forms of appropriation under the
mining laws and from operation of the mineral leasing laws of the
United States, and no patent may be issued for the surface estate
with respect to any mining claim located on such lands. Nothing in
this paragraph shall be construed as precluding mining operations
on any valid existing claim, subject to applicable regulations
under section 1280 of this title.
(110) Pecos River, New Mexico. - The 20.5-mile segment from its
headwaters to the townsite of Tererro; to be administered by the
Secretary of Agriculture in the following classifications:
(A) the 13.5-mile segment from its headwaters to the Pecos
Wilderness boundary, as a wild river; and
(B) the 7-mile segment from the Pecos Wilderness boundary to
the townsite of Tererro, as a recreational river.
After June 6, 1990, Federal lands within the boundaries of the
segments designated under this paragraph or which constitute the
bed or bank or are situated within one-quarter mile of the ordinary
highwater mark on each side of such segments are withdrawn, subject
to valid existing rights, from all forms of appropriation under the
mining laws and from operation of the mineral leasing laws of the
United States, and no patent may be issued for the surface estate
with respect to any mining claim located on such lands. Nothing in
this paragraph shall be construed as precluding mining operations
on any valid existing claim, subject to applicable regulations
under section 1280 of this title.
(111) Smith River, California. - The segment from the confluence
of the Middle Fork Smith River and the North Fork Smith River to
the Six Rivers National Forest boundary, including the following
segments of the mainstem and certain tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
(A) The segment from the confluence of the Middle Fork Smith
River and the South Fork Smith River to the National Forest
boundary, as a recreational river.
(B) Rowdy Creek from the California-Oregon State line to the
National Forest boundary, as a recreational river.
(112) Middle Fork Smith River, California. - The segment from the
headwaters to its confluence with the North Fork Smith River,
including the following segments of the mainstem and certain
tributaries, to be administered by the Secretary of Agriculture in
the following classes:
(A) The segment from its headwaters about 3 miles south of
Sanger Lake, as depicted on the 1956 USGS 15º Preston Peak topographic map, to the center of section 7, T.
17 N., R. 5 E., as a wild river.
(B) The segment from the center of section 7, T. 17 N., R. 5
E., to the center of section 6, T. 17 N., R. 5 E., as a scenic
river.
(C) The segment from the center of section 6, T. 17 N., R. 5
E., to one-half mile upstream from its confluence with Knopki
Creek, as a wild river.
(D) The segment from one-half mile upstream of its confluence
with Knopki Creek to its confluence with the South Fork Smith
River, as a recreational river.
(E) Myrtle Creek from its headwaters in section 9, T. 17 N., R.
1 E., as depicted on the 1952 USGS 15º
Crescent City topographic map, to the middle of section 28, T. 17
N., R. 1 E., as a scenic river.
(F) Myrtle Creek from the middle of section 28, T. 17 N., R. 1
E., to its confluence with the Middle Fork Smith River, as a wild
river.
(G) Shelly Creek from its headwaters in section 1, T. 18 N.,
R., 3 E., as depicted on the 1951 USGS 15º
Gasquet topographic map, to its confluence with Patrick Creek, as
a recreational river.
(H) Kelly Creek from its headwaters in section 32, T. 17 N., R.
3 E., as depicted on the 1951 USGS 15º
Gasquet topographic map, to its confluence with the Middle Fork
Smith River, as a scenic river.
(I) Packsaddle Creek from its headwaters about 0.8 miles
southwest of Broken Rib Mountain, as depicted on the 1956 USGS
15º Preston Peak topographic map, to its
confluence with the Middle Fork Smith River, as a scenic river.
(J) East Fork Patrick Creek from its headwaters in section 10,
T. 18 N., R. 3 E., as depicted on the 1951 USGS 15º Gasquet topographic map, to its confluence with the
West Fork of Patrick Creek, as a recreational river.
(K) West Fork Patrick Creek from its headwaters in section 18,
T. 18 N., R. 3 E., as depicted on the 1951 (!4) 15º Gasquet topographic map to its confluence with the
East Fork Patrick Creek, as a recreational river.
(L) Little Jones Creek from its headwaters in section 34, T. 17
N., R. 3 E., as depicted on the 1951 USGS 15º Gasquet topographic map to its confluence with the Middle
Fork Smith River, as a recreational river.
(M) Griffin Creek from its headwaters about 0.2 miles southwest
of Hazel View Summit, as depicted on the 1956 USGS 15º Preston Peak topographic map, to its confluence with
the Middle Fork Smith River, as a recreational river.
(N) Knopki Creek from its headwaters about 0.4 miles west of
Sanger Peak, as depicted on the 1956 USGS 15º Preston Peak topographic map, to its confluence with the
Middle Fork Smith River, as a recreational river.
(O) Monkey Creek from its headwaters in the northeast quadrant
of section 12, T. 18 N., R. 3 E., as depicted on the 1951 USGS
15º Gasquet topographic map, to its
confluence with the Middle Fork Smith River, as a recreational
river.
(P) Patrick Creek from the junction of East and West Forks of
Patrick Creek to its confluence with Middle Fork Smith River, as
a recreational river.
(Q) Hardscrabble Creek from its headwaters in the northeast
quarter of section 2, T. 17 N., R. 1 E., as depicted on the 1952
USGS 15º Crescent City topographic map, to
its confluence with the Middle Fork Smith River, as a
recreational river.
(113) North Fork Smith River, California. - The segment from the
California-Oregon State line to its confluence with the Middle Fork
Smith River, including the following segments of the mainstem and
certain tributaries, to be administered by the Secretary of
Agriculture in the following classes:
(A) The segment from the California-Oregon State line to its
confluence with an unnamed tributary in the northeast quarter of
section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS
15º Gasquet topographic map, as a wild
river.
(B) The segment from its confluence with an unnamed tributary
in the northeast quarter of section 5, T. 18 N., R. 2 E., to its
southern-most intersection with the eastern section line of
section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS
15º Gasquet topographic map, as a scenic
river.
(C) The segment from its southern-most intersection with the
eastern section line of section 5, T. 18 N., R. 2 E., as depicted
on the 1951 USGS 15º Gasquet topographic
map, to its confluence with Stony Creek, as a wild river.
(D) The segment from its confluence with Stony Creek to its
confluence with the Middle Fork Smith River, as a recreational
river.
(E) Diamond Creek from California-Oregon State line to its
confluence with Bear Creek, as a recreational river.
(F) Diamond Creek from its confluence with Bear Creek to its
confluence with the North Fork Smith River, as a scenic river.
(G) Bear Creek from its headwaters in section 24, T. 18 N., R.
2 E., as depicted on the 1951 USGS 15º
Gasquet topographic map, to its confluence with Diamond Creek, as
a scenic river.
(H) Still Creek from its headwaters in section 11, T. 18 N., R.
1 E., as depicted on the 1952 USGS 15º
Crescent City topographic map, to its confluence with the North
Fork Smith River, as a scenic river.
(I) North Fork Diamond Creek from the California-Oregon State
line to its confluence with Diamond Creek, as a recreational
river.
(J) High Plateau Creek from its headwaters in section 26, T. 18
N., R. 2 E., as depicted on the 1951 USGS 15º Gasquet topographic map, to its confluence with Diamond
Creek, as a scenic river.
(K) Stony Creek from its headwaters in section 25, T. 18 N., R.
2 E., as depicted on the 1951 USGS 15º
Gasquet topographic map, to its confluence with the North Fork
Smith River, as a scenic river.
(L) Peridotite Creek from its headwaters in section 34, T. 18
N., R. 2 E., as depicted on the 1951 USGS 15º Gasquet topographic map, to its confluence with the North
Fork Smith River, as a wild river.
(114) Siskiyou Fork Smith River, California. - The segment from
its headwaters to its confluence with the Middle Fork Smith River,
and the following tributaries, to be administered by the Secretary
of Agriculture in the following classes:
(A) The segment from its headwaters about 0.7 miles southeast
of Broken Rib Mountain, as depicted on the 1956 USGS 15º Preston Peak Topographic (!5) map, to its confluence
with the South Siskiyou Fork Smith River, as a wild river.
(B) The segment from its confluence with the South Siskiyou
Fork Smith River to its confluence with the Middle Fork Smith
River, as a recreational river.
(C) South Siskiyou Fork Smith River from its headwaters about
0.6 miles southwest of Buck Lake, as depicted on the 1956 USGS
15º Preston Peak topographic map, to its
confluence with the Siskiyou Fork Smith River, as a wild river.
(115) South Fork Smith River, California. - The segment from its
headwaters to its confluence with the main stem of the Smith River,
and the following tributaries, to be administered by the Secretary
of Agriculture in the following classes:
(A) The segment from its headwaters about 0.5 miles southwest
of Bear Mountain, as depicted on (!6) 1956 USGS 15º Preston Peak topographic map, to Blackhawk Bar, as a
wild river.
(B) The segment from Blackhawk Bar to its confluence with the
main stem of the Smith River, as a recreational river.
(C) Williams Creek from its headwaters in section 31, T. 14 N.,
R. 4 E., as depicted on the 1952 USGS 15º
Ship Mountain topographic map, to its confluence with Eightmile
Creek, as a wild river.
(D) Eightmile Creek from its headwaters in section 29, T. 14
N., R. 4 E., as depicted on the 1955 USGS 15º Dillon Mtn. topographic map, to its confluence with the South
Fork Smith River, as a wild river.
(E) Harrington Creek from its source to its confluence with the
South Fork Smith River, as a wild river.
(F) Prescott Fork of the Smith River from its headwaters about
0.5 miles southeast of Island Lake, as depicted on the 1955 USGS
15º Dillon Mtn. topographic map, to its
confluence with the South Fork Smith River, as a wild river.
(G) Quartz Creek from its headwaters in section 31, T. 16 N.,
R. 4 E., as depicted on the 1952 15º USGS
Ship Mountain topographic map, to its confluence with the South
Fork Smith River, as a recreational river.
(H) Jones Creek from its headwaters in section 36, T. 16 N., R.
3 E., as depicted on the 1952 USGS 15º Ship
Mountain topographic map, to its confluence with the South Fork
Smith River, as a recreational river.
(I) Hurdygurdy Creek from its headwaters about 0.4 miles
southwest of Bear Basin Butte as depicted on the 1956 USGS
15º Preston Peak topographic map, to its
confluence with the South Fork Smith River, as a recreational
river.
(J) Gordon Creek from its headwaters in section 18, T. 16 N.,
R. 3 E., as depicted on the 1951 USGS 15º
Gasquet topographic map, to its confluence with the South Fork
Smith River, as a recreational river.
(K) Coon Creek from the junction of its two headwaters
tributaries in the southeast quadrant of section 31, T. 17 N., R.
3 E., as depicted on the 1951 USGS 15º
Gasquet topographic map, to its confluence with the South Fork
Smith River, as a recreational river.
(L) Craigs Creek from its headwaters in section 36, T. 17 N.,
R. 2 E., as depicted on the 1951 USGS 15º
Gasquet topographic map, to its confluence with the South Fork
Smith River, as a recreational river.
(M) Goose Creek from its headwaters in section 13, T. 13 N., R.
2 E., as depicted on the 1952 USGS 15º Ship
Mountain topographic map, to its confluence with the South Fork
Smith River, as a recreational river.
(N) East Fork Goose Creek from its headwaters in section 18, T.
13 N., R. 3 E., as depicted on the 1952 USGS 15º Ship Mountain topographic map, to its confluence with Goose
Creek, as a recreational river.
(O) Buck Creek from its headwaters at Cedar Camp Spring, as
depicted on the 1952 USGS 15º Ship Mountain
topographic map, to the northeast corner of section 8, T. 14 N.,
R. 3 E., as a scenic river.
(P) Buck Creek from the northeast corner of section 8, T. 14
N., R. 3 E., to its confluence with the South Fork Smith River,
as a wild river.
(Q) Muzzleloader Creek from its headwaters in section 2, T. 15
N., R. 3 E., as depicted on the 1952 USGS 15º Ship Mountain topographic map, to its confluence with Jones
Creek, as a recreational river.
(R) Canthook Creek from its headwaters in section 2, T. 15 N.,
R. 2 E., as depicted in (!7) the 1952 USGS 15º Ship Mountain topographic map, to its confluence with the
South Fork Smith River, as a recreational river.
(S) Rock Creek from the national forest boundary in section 6,
T. 15 N., R. 2 E., as depicted on the 1952 USGS 15º Ship Mountain topographic map, to its confluence with
the South Fork Smith River, as a recreational river.
(T) Blackhawk Creek from its headwaters in section 21, T. 15
N., R. 2 E., as depicted on the 1952 USGS 15º Ship Mountain topographic map, to its confluence with the
South Fork Smith River, as a recreational river.
(116) Clarks Fork, Wyoming. - (A) The twenty and five-tenths-mile
segment from the west boundary of section 3, township 56 north,
range 106 west at the Crandall Creek Bridge downstream to the north
boundary of section 13, township 56 north, range 104 west at Clarks
Fork Canyon; to be administered by the Secretary of Agriculture as
a wild river. Notwithstanding subsection (b) of this section, the
boundary of the segment shall include all land within four hundred
and forty yards from the ordinary high water mark on both sides of
the river. No land or interest in land may be acquired with respect
to the segment without the consent of the owner thereof. For the
purposes of carrying out this paragraph, there is authorized to be
appropriated $500,000 for development and $750,000 for the
acquisition of land and interests therein.
(B) Designation of a segment of the Clarks Fork by this paragraph
as a component of the Wild and Scenic Rivers System shall not be
utilized in any Federal proceeding, whether concerning a license,
permit, right-of-way, or any other Federal action, as a reason or
basis to prohibit the development or operation of any water
impoundment, diversion facility, or hydroelectric power and
transmission facility located entirely downstream from the segment
of the river designated by this paragraph: Provided, That water
from any development shall not intrude upon such segment. Congress
finds that development of water impoundments, diversion facilities,
and hydroelectric power and transmission facilities located
entirely downstream from the segment of the river is not
incompatible with its designation as a component of the Wild and
Scenic Rivers System.
(C) The Secretary of Agriculture is directed to apply for the
quantification of the water right reserved by the inclusion of a
portion of the Clarks Fork in the Wild and Scenic Rivers System in
accordance with the procedural requirements of the laws of the
State of Wyoming: Provided, That, notwithstanding any provision of
the laws of the State of Wyoming otherwise applicable to the
granting and exercise of water rights, the purposes for which the
Clarks Fork is designated, as set forth in this chapter and this
paragraph, are declared to be beneficial uses and the priority date
of such right shall be November 28, 1990.
(D) The comprehensive management plan developed under subsection
(d) of this section for the segment designated by this paragraph
shall provide for all such measures as may be necessary in the
control of fire, insects, and diseases to fully protect the values
for which the segment is designated as a wild river.
(117) Niobrara, Nebraska. - (A) The 40-mile segment from Borman
Bridge southeast of Valentine downstream to its confluence with
Chimney Creek and the 30-mile segment from the river's confluence
with Rock Creek downstream to the State Highway 137 bridge, both
segments to be classified as scenic and administered by the
Secretary of the Interior. That portion of the 40-mile segment
designated by this subparagraph located within the Fort Niobrara
National Wildlife Refuge shall continue to be managed by the
Secretary through the Director of the United States Fish and
Wildlife Service.
(B) The 25-mile segment from the western boundary of Knox County
to its confluence with the Missouri River, including that segment
of the Verdigre Creek from the north municipal boundary of
Verdigre, Nebraska, to its confluence with the Niobrara, to be
administered by the Secretary of the Interior as a recreational
river.
After consultation with State and local governments and the
interested public, the Secretary shall take such action as is
required under subsection (b) of this section.
(118) Missouri River, Nebraska and South Dakota. - The 39-mile
segment from the headwaters of Lewis and Clark Lake to the Ft.
Randall Dam, to be administered by the Secretary of the Interior as
a recreational river.
(119) Bear Creek, Michigan. - The 6.5-mile segment from Coates
Highway to the Manistee River, to be administered by the Secretary
of Agriculture as a scenic river.
(120) Black, Michigan. - The 14-mile segment from the Ottawa
National Forest boundary to Lake Superior, to be administered by
the Secretary of Agriculture as a scenic river.
(121) Carp, Michigan. - The 27.8-mile segment from the west
section line of section 30, township 43 north, range 5 west, to
Lake Huron, to be administered by the Secretary of Agriculture in
the following classes:
(A) The 2.3-mile segment from the west section line of section
30, township 43 north, range 5 west, to Forest Development Road
3458 in section 32, township 43 north, range 5 west, as a scenic
river.
(B) The 6.5-mile segment from the Forest Development Road 3458
in section 32, township 43 north, range 5 west, to Michigan State
Highway 123, as a scenic river.
(C) The 7.5-mile segment from Michigan State Highway 123 to one
quarter of a mile upstream from Forest Development Road 3119, as
a wild river.
(D) The 0.5-mile segment from one quarter of a mile upstream of
Forest Development Road 3119 to one quarter mile downstream of
Forest Development Road 3119, as a scenic river.
(E) The 4.9-mile segment from one quarter of a mile downstream
of Forest Development Road 3119 to McDonald Rapids, as a wild
river.
(F) The 6.1-mile segment from McDonald Rapids to Lake Huron, as
a recreational river.
(122) Indian, Michigan. - The 51-mile segment from Hovey Lake to
Indian Lake to be administered by the Secretary of Agriculture in
the following classes:
(A) The 12-mile segment from Hovey Lake to Fish Lake, as a
scenic river.
(B) The 39-mile segment from Fish Lake to Indian Lake, as a
recreational river.
(123) Manistee, Michigan. - The 26-mile segment from the Michigan
DNR boat ramp below Tippy Dam to the Michigan State Highway 55
bridge, to be administered by the Secretary of Agriculture as a
recreational river.
(124) Ontonagon, Michigan. - Segments of certain tributaries,
totaling 157.4 miles, to be administered by the Secretary of
Agriculture as follows:
(A) The 46-mile segment of the East Branch Ontonagon from its
origin at Spring Lake to the Ottawa National Forest boundary in
the following classes:
(i) The 20.5-mile segment from its origin at Spring Lake to
its confluence with an unnamed stream in section 30, township
48 north, range 37 west, as a recreational river.
(ii) The 25.5-mile segment from its confluence with an
unnamed stream in section 30, township 48 north, range 37 west,
to the Ottawa National Forest boundary, as a wild river.
(B) The 59.4-mile segment of the Middle Branch Ontonagon, from
its origin at Crooked Lake to the northern boundary of the Ottawa
National Forest in the following classes:
(i) The 20-mile segment from its origin at Crooked Lake to
Burned Dam, as a recreational river.
(ii) The 8-mile segment from Burned Dam to Bond Falls
Flowage, as a scenic river.
(iii) The 8-mile segment from Bond Falls to Agate Falls, as a
recreational river.
(iv) The 6-mile segment from Agate Falls to Trout Creek, as a
scenic river.
(v) The 17.4-mile segment from Trout Creek to the northern
boundary of the Ottawa National Forest, as a wild river.
(C) The 37-mile segment of the Cisco Branch Ontonagon from its
origin at Cisco Lake Dam to its confluence with Ten-Mile Creek
south of Ewen in the following classes:
(i) The 10-mile segment from the origin of Cisco Branch
Ontonagon at Cisco Lake Dam to the County Road 527 crossing, as
a recreational river.
(ii) The 27-mile segment from the Forest Development Road 527
crossing to the confluence of the Cisco Branch and Ten-Mile
Creek, as a scenic river.
(D) The 15-mile segment of the West Branch Ontonagon from its
confluence with Cascade Falls to Victoria Reservoir, in the
following classes:
(i) The 10.5-mile segment from its confluence with Cascade
Falls to its confluence with the South Branch Ontonagon, as a
recreational river.
(ii) The 4.5-mile segment from its confluence with the South
Branch Ontonagon to Victoria Reservoir, as a recreational
river.
Nothwithstanding (!8) any limitation contained in this chapter, the
Secretary is authorized to acquire lands and interests in lands
which, as of August 1, 1990, were owned by Upper Peninsula Energy
Corporation, and notwithstanding any such limitation, such lands
shall be retained and managed by the Secretary as part of the
Ottawa National Forest, and those lands so acquired which are
within the boundaries of any segment designated under this
paragraph shall be retained and managed pursuant to this chapter.
(125) Paint, Michigan. - Segments of the mainstream and certain
tributaries, totaling 51 miles, to be administered by the Secretary
of Agriculture as follows:
(A) The 6-mile segment of the main stem from the confluence of
the North and South Branches Paint to the Ottawa National Forest
boundary, as a recreational river.
(B) The 17-mile segment of the North Branch Paint from its
origin at Mallard Lake to its confluence with the South Branch
Paint, as a recreational river.
(C) The 28-mile segment of the South Branch Paint from its
origin at Paint River Springs to its confluence with the North
Branch Paint, as a recreational river.
(126) Pine, Michigan. - The 25-mile segment from Lincoln Bridge
to the east 1/16th line of section 16, township 21 north, range 13
west, to be administered by the Secretary of Agriculture as a
scenic river.
(127) Presque Isle, Michigan. - Segments of the mainstream and
certain tributaries, totaling 57 miles, to be administered by the
Secretary of Agriculture as follows:
(A) The 23-mile segment of the mainstream, from the confluence
of the East and West Branches of Presque Isle to Minnewawa Falls,
to be classified as follows:
(i) The 17-mile segment from the confluence of the East and
West Branches Presque Isle to Michigan State Highway 28, as a
recreational river.
(ii) The 6-mile segment from Michigan State Highway 28 to
Minnewawa Falls, as a scenic river.
(B) The 14-mile segment of the East Branch Presque Isle within
the Ottawa National Forest, as a recreational river.
(C) The 7-mile segment of the South Branch Presque Isle within
the Ottawa National Forest, as a recreational river.
(D) The 13-mile segment of the West Branch Presque Isle within
the Ottawa National Forest, as a scenic river.
(128) Sturgeon, Hiawatha National Forest, Michigan. - The
43.9-mile segment from the north line of section 26, township 43
north, range 19 west, to Lake Michigan, to be administered by the
Secretary of Agriculture in the fol | |