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U.S. Code as of:
01/19/04
Section 1284. Existing State jurisdiction and responsibilities
(a) Fish and wildlife
Nothing in this chapter shall affect the jurisdiction or
responsibilities of the States with respect to fish and wildlife.
Hunting and fishing shall be permitted on lands and waters
administered as parts of the system under applicable State and
Federal laws and regulations unless, in the case of hunting, those
lands or waters are within a national park or monument. The
administering Secretary may, however, designate zones where, and
establish periods when, no hunting is permitted for reasons of
public safety, administration, or public use and enjoyment and
shall issue appropriate regulations after consultation with the
wildlife agency of the State or States affected.
(b) Compensation for water rights
The jurisdiction of the States and the United States over waters
of any stream included in a national wild, scenic or recreation
river area shall be determined by established principles of law.
Under the provisions of this chapter, any taking by the United
States of a water right which is vested under either State or
Federal law at the time such river is included in the national wild
and scenic rivers system shall entitle the owner thereof to just
compensation. Nothing in this chapter shall constitute an express
or implied claim or denial on the part of the Federal Government as
to exemption from State water laws.
(c) Reservation of waters for other purposes or in unnecessary
quantities prohibited
Designation of any stream or portion thereof as a national wild,
scenic or recreational river area shall not be construed as a
reservation of the waters of such streams for purposes other than
those specified in this chapter, or in quantities greater than
necessary to accomplish these purposes.
(d) State jurisdiction over included streams
The jurisdiction of the States over waters of any stream included
in a national wild, scenic or recreational river area shall be
unaffected by this chapter to the extent that such jurisdiction may
be exercised without impairing the purposes of this chapter or its
administration.
(e) Interstate compacts
Nothing contained in this chapter shall be construed to alter,
amend, repeal, interpret, modify, or be in conflict with any
interstate compact made by any States which contain any portion of
the national wild and scenic rivers system.
(f) Rights of access to streams
Nothing in this chapter shall affect existing rights of any
State, including the right of access, with respect to the beds of
navigable streams, tributaries, or rivers (or segments thereof)
located in a national wild, scenic or recreational river area.
(g) Easements and rights-of-way
The Secretary of the Interior or the Secretary of Agriculture, as
the case may be, may grant easements and rights-of-way upon, over,
under, across, or through any component of the national wild and
scenic rivers system in accordance with the laws applicable to the
national park system and the national forest system, respectively:
Provided, That any conditions precedent to granting such easements
and rights-of-way shall be related to the policy and purpose of
this chapter.
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