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U.S. Code as of:
01/19/04
Section 1286. Definitions
As used in this chapter, the term -
(a) "River" means a flowing body of water or estuary or a
section, portion, or tributary thereof, including rivers, streams,
creeks, runs, kills, rills, and small lakes.
(b) "Free-flowing", as applied to any river or section of a
river, means existing or flowing in natural condition without
impoundment, diversion, straightening, rip-rapping, or other
modification of the waterway. The existence, however, of low dams,
diversion works, and other minor structures at the time any river
is proposed for inclusion in the national wild and scenic rivers
system shall not automatically bar its consideration for such
inclusion: Provided, That this shall not be construed to authorize,
intend, or encourage future construction of such structures within
components of the national wild and scenic rivers system.
(c) "Scenic easement" means the right to control the use of land
(including the air space above such land) within the authorized
boundaries of a component of the wild and scenic rivers system, for
the purpose of protecting the natural qualities of a designated
wild, scenic or recreational river area, but such control shall not
affect, without the owner's consent, any regular use exercised
prior to the acquisition of the easement. For any designated wild
and scenic river, the appropriate Secretary shall treat the
acquisition of fee title with the reservation of regular existing
uses to the owner as a scenic easement for purposes of this
chapter. Such an acquisition shall not constitute fee title
ownership for purposes of section 1277(b) of this title.
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