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U.S. Code as of:
01/19/04
Section 1275. Additions to national wild and scenic rivers system
(a) Reports by Secretaries of the Interior and Agriculture;
recommendations to Congress; contents of reports
The Secretary of the Interior or, where national forest lands are
involved, the Secretary of Agriculture or, in appropriate cases,
the two Secretaries jointly shall study and submit to the President
reports on the suitability or nonsuitability for addition to the
national wild and scenic rivers system of rivers which are
designated herein or hereafter by the Congress as potential
additions to such system. The President shall report to the
Congress his recommendations and proposals with respect to the
designation of each such river or section thereof under this
chapter. Such studies shall be completed and such reports shall be
made to the Congress with respect to all rivers named in section
1276(a) (1) through (27) of this title no later than October 2,
1978. In conducting these studies the Secretary of the Interior and
the Secretary of Agriculture shall give priority to those rivers
(i) with respect to which there is the greatest likelihood of
developments which, if undertaken, would render the rivers
unsuitable for inclusion in the national wild and scenic rivers
system, and (ii) which possess the greatest proportion of private
lands within their areas. Every such study and plan shall be
coordinated with any water resources planning involving the same
river which is being conducted pursuant to the Water Resources
Planning Act [42 U.S.C. 1962 et seq.].
Each report, including maps and illustrations, shall show among
other things the area included within the report; the
characteristics which do or do not make the area a worthy addition
to the system; the current status of land ownership and use in the
area; the reasonably foreseeable potential uses of the land and
water which would be enhanced, foreclosed, or curtailed if the area
were included in the national wild and scenic rivers system; the
Federal agency (which in the case of a river which is wholly or
substantially within a national forest, shall be the Department of
Agriculture) by which it is proposed the area, should it be added
to the system, be administered; the extent to which it is proposed
that such administration, including the costs thereof, be shared by
State and local agencies; and the estimated cost to the United
States of acquiring necessary lands and interests in land and of
administering the area, should it be added to the system. Each such
report shall be printed as a Senate or House document.
(b) Study of report by affected Federal and State officials;
recommendations and comments; transmittal to President and
Congress
Before submitting any such report to the President and the
Congress, copies of the proposed report shall, unless it was
prepared jointly by the Secretary of the Interior and the Secretary
of Agriculture, be submitted by the Secretary of the Interior to
the Secretary of Agriculture or by the Secretary of Agriculture to
the Secretary of the Interior, as the case may be, and to the
Secretary of the Army, the Secretary of Energy, the head of any
other affected Federal department or agency and, unless the lands
proposed to be included in the area are already owned by the United
States or have already been authorized for acquisition by Act of
Congress, the Governor of the State or States in which they are
located or an officer designated by the Governor to receive the
same. Any recommendations or comments on the proposal which the
said officials furnish the Secretary or Secretaries who prepared
the report within ninety days of the date on which the report is
submitted to them, together with the Secretary's or Secretaries'
comments thereon, shall be included with the transmittal to the
President and the Congress.
(c) Publication in Federal Register
Before approving or disapproving for inclusion in the national
wild and scenic rivers system any river designated as a wild,
scenic or recreational river by or pursuant to an act of a State
legislature, the Secretary of the Interior shall submit the
proposal to the Secretary of Agriculture, the Secretary of the
Army, the Secretary of Energy, and the head of any other affected
Federal department or agency and shall evaluate and give due weight
to any recommendations or comments which the said officials furnish
him within ninety days of the date on which it is submitted to
them. If he approves the proposed inclusion, he shall publish
notice thereof in the Federal Register.
(d) Areas comprised by boundaries; scope of study report
The boundaries of any river proposed in section 1276(a) of this
title for potential addition to the National Wild and Scenic Rivers
System shall generally comprise that area measured within
one-quarter mile from the ordinary high water mark on each side of
the river. In the case of any designated river, prior to
publication of boundaries pursuant to section 1274(b) of this
title, the boundaries also shall comprise the same area. This
subsection shall not be construed to limit the possible scope of
the study report to address areas which may lie more than
one-quarter mile from the ordinary high water mark on each side of
the river.
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