2012 US Code
Title 16 - Conservation
Chapter 28 - WILD AND SCENIC RIVERS (§§ 1271 - 1287)
Section 1286 - Definitions
Publication Title | United States Code, 2012 Edition, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 28 - WILD AND SCENIC RIVERS Sec. 1286 - Definitions |
Contains | section 1286 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 90-542, §16, formerly §15, Oct. 2, 1968, 82 Stat. 918; Pub. L. 93-279, §1(c), May 10, 1974, 88 Stat. 123; renumbered Pub. L. 96-487, title VI, §606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99-590, title V, §510, Oct. 30, 1986, 100 Stat. 3337. |
Statutes at Large References | 82 Stat. 918 88 Stat. 123 94 Stat. 2416 100 Stat. 3337 |
Public Law References | Public Law 90-542, Public Law 93-279, Public Law 96-487, Public Law 99-590 |
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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.
(Pub. L. 90–542, §16, formerly §15, Oct. 2, 1968, 82 Stat. 918; Pub. L. 93–279, §1(c), May 10, 1974, 88 Stat. 123; renumbered Pub. L. 96–487, title VI, §606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99–590, title V, §510, Oct. 30, 1986, 100 Stat. 3337.)
Amendments1986—Subsec. (c). Pub. L. 99–590 inserted provisions relating to function of appropriate Secretary with respect to acquisition of fee title.
1974—Subsec. (c). Pub. L. 93–279 substituted “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” for “for the purposes of protecting the scenic view from the river”.
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