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16 U.S.C. § 1284Existing State jurisdiction and responsibilities

submitted 58 years ago by Pub. L. 90-542 to r/title-16-CONSERVATION · 498 words · no verdicts yet

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This section sets rules about existing state jurisdiction and responsibilities. It states the duties, permissions, limits, definitions, funding rules, or penalties that apply under the provisions below.

(a) Fish and wildlife Nothing in this chapter must affect the jurisdiction or responsibilities of the States for fish and wildlife. Hunting and fishing must 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 must 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 recreational river area must 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 must entitle the owner of it to just compensation. Nothing in this chapter must 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 of it as a national wild, scenic or recreational river area must 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 must 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 must 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 must affect existing rights of any State, including the right of access, for the beds of navigable streams, tributaries, or rivers (or segments of it) 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 under the laws applicable to the national park system and the national forest system, respectively: but any conditions precedent to granting such easements and rights-of-way must be related to the policy and purpose of this chapter.
the actual law source: uscode.house.gov ↗public domain
(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 recreational 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.

Source credit: (Pub. L. 90–542, § 13, Oct. 2, 1968, 82 Stat. 917.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-542 · 82 Stat. 917

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-542 on 1968-10-02.

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