16 U.S.C. § 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 of it, 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 must not automatically bar its consideration for such inclusion: but this must 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, to protecting the natural qualities of a designated wild, scenic or recreational river area, but such control must not affect, without the owner’s consent, any regular use exercised before the acquisition of the easement. For any designated wild and scenic river, the appropriate Secretary must 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 must not constitute fee title ownership for purposes of section 1277(b) of this title.