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16 U.S.C. § 544kTributary rivers and streams

submitted 40 years ago by Pub. L. 99-663 to r/title-16-CONSERVATION · 472 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section applies special federal restrictions to certain rivers and streams in or near the scenic area. It also states which waters and federally designated rivers are excluded.

(a) Water-resources projects. The rivers and streams below receive the same licensing, permitting, exemption, and construction restrictions that section 7(a) of the Wild and Scenic Rivers Act applies to National Wild and Scenic Rivers components: (1) tributaries to the Columbia River that flow partly or wholly through a Special Management Area, unless the project would not directly and adversely affect the scenic, cultural, recreational, and natural resources; (2) rivers or segments flowing partly or wholly through the scenic area that State law designates as wild, scenic, or recreational, or studies for possible State designation, unless the project meets the responsible State agencies' terms and conditions; (3) the Wind River, Washington, for at least three years after the later of final approval of the Gifford Pinchot National Forest Plan or the Secretary's report to the President on whether the river is suitable for addition to the national wild-and-scenic system and the President's report to Congress; (4) the Hood River, Oregon, when a facility impounds or diverts water other than through a dam or diversion existing November 17, 1986; and (5) the Little White Salmon segment from the Willard National Fish Hatchery to the Columbia River, under the same existing-dam-or-diversion condition. (b) These rules do not apply to tributary portions flowing through or bordering Indian reservations. They also do not apply to or affect a river segment designated wild and scenic under section 3 of the Wild and Scenic Rivers Act or designated for study under section 5.
the actual law source: uscode.house.gov ↗public domain
(a) Water resources projects

The following rivers and streams shall be subject to the same restrictions on the licensing, permitting, and exempting from licensing and the construction of water resource projects as provided for components of the National Wild and Scenic Rivers System pursuant to section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)):

(1)

any tributary river or stream to the Columbia River not designated in subsections 1 (c) or (d) of this section or otherwise specified in this subsection which flows in whole or in part through a special management area, unless the construction of a water resources project would not have a direct and adverse effect on the scenic, cultural, recreation, and natural resources of the scenic area;

(2)

any river or river segment which flows in whole or in part through the scenic area and which is established pursuant to State law as a wild, scenic, or recreation river or which is under study pursuant to State law for the potential inclusion in any such State protected river system, unless such project or projects meet terms and conditions set by State agencies exercising administration over such river or river segment;

(3)

the Wind River, Washington, for a period not less than three years following the later of—

(A)

final approval of the Gifford Pinchot National Forest Plan, adopted pursuant to the National Forest Management Act of 1976 (Act of October 22, 1976, Public Law 94–588, as amended) (16 U.S.C. 1600 et seq.); or

(B)

submittal by the Secretary of a report to the President on the suitability or nonsuitability for addition to the national wild and scenic rivers system and a report by the President to the Congress of recommendations and proposals with respect to the designation of such river under the Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.];

(4)

the Hood River, Oregon, if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986; and

(5)

the segment of the Little White Salmon, Washington, from the Willard National Fish Hatchery to its confluence with the Columbia River if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986.

(b) Exceptions

The provisions of subsection (a) shall not apply to those portions of tributary rivers or streams to the Columbia River which flow through or border on Indian reservations. Nothing in this section shall apply to or affect any segment of any river designated as a wild and scenic river under section 3 of the Wild and Scenic Rivers Act (16 U.S.C. 1274) or any river designated for study under section 5 of such Act (16 U.S.C. 1276).

Source credit: (Pub. L. 99–663, § 13(a), (b), Nov. 17, 1986, 100 Stat. 4293, 4294; Pub. L. 111–11, title I, § 1203(b), Mar. 30, 2009, 123 Stat. 1012.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-663 · 100 Stat. 4293, 4294
  • 2009Amended · Pub. L. 111-11 · 123 Stat. 1012

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-663 on 1986-11-17.

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