16 USC 1276 - Rivers constituting potential additions to national wild and scenic rivers system

1 See Change of Name note below.

and shall include a determination of the degree to which the Yakima Indian Nation should participate in the preservation and administration of the river segment should it be proposed for inclusion in the Wild and Scenic Rivers system.

2 So in original. Probably should be “Massachusetts.”

 —

3 So in original. Probably should be “rivers”.

named in paragraphs (38), (55), (83), and (87) shall be completed and the reports transmitted to the Congress not later than

4 See Codification note below.

of this title.

5 So in original. Probably should be “(108)”.

of subsection (a) shall be completed not later than three years after

6 See References in Text note below.

and shall encourage public participation and involvement through hearings, workshops, and such other means as are necessary to be effective.

7 So in original. Probably should be subsection “(a)(133)”.

of this section shall be completed and the report submitted to Congress not later than one year after

8 So in original. Probably should not be capitalized.

boundary of Bucks County, Pennsylvania.

9 So in original. Probably should refer to the river segments described in those paragraphs.

described in paragraphs (142), (143), and (144) of subsection (a); and

Editorial Notes

References in Text

Section 5 of the Michigan Scenic Rivers Act of 1990, referred to in subsec. (span)(13), probably means section 5 of Puspan. L. 102–249, Mar. 3, 1992, 106 Stat. 50, known as the Michigan Scenic Rivers Act of 1991, which is not classified to the Code.

Codification

Section 3183 of this title, referred to in subsec. (span)(6), was in the original “section 1204 of the Alaska National Interest Lands Conservation Act” and has been editorially translated as section 3183 of this title, which is section 1203 of that Act, as the probable intent of Congress, in view of that Act being enacted without a section 1204 and section 1203 of that Act relating to the Bristol Bay Cooperative Region Plan.

Amendments

2022—Subsec. (a)(145). Puspan. L. 117–328, § 403(a), added par. (145).

Subsec. (a)(146). Puspan. L. 117–328, § 404(a), added par. (146).

Subsec. (span)(22). Puspan. L. 117–328, § 403(span), added par. (22).

Subsec. (span)(23). Puspan. L. 117–328, § 404(span), added par. (23).

2014—Subsec. (a)(141). Puspan. L. 113–291, § 3041(e)(2)(A), added par. (141).

Subsec. (a)(142) to (144). Puspan. L. 113–291, § 3074(a), added pars. (142) to (144).

Subsec. (span)(20). Puspan. L. 113–291, § 3041(e)(2)(B), added par. (20).

Subsec. (span)(21). Puspan. L. 113–291, § 3074(span), added par. (21).

2009—Subsec. (a)(140). Puspan. L. 111–11, § 5101(a), added par. (140).

Subsec. (span)(19). Puspan. L. 111–11, § 5101(span), added par. (19).

2006—Subsec. (a)(139). Puspan. L. 109–370 added par. (139).

2001—Subsec. (a)(138). Puspan. L. 107–65, § 3, added par. (138).

Subsec. (span)(18). Puspan. L. 107–65, § 4, added par. (18).

2000—Subsec. (a)(136). Puspan. L. 106–318, § 3(1), designated unnumbered par. relating to Wekiva River, Florida, as par. (136).

Subsec. (a)(137). Puspan. L. 106–318, § 3(2), added par. (137).

Subsec. (span)(8), (10). Puspan. L. 106–318, § 4(1), redesignated par. (8) relating to study of St. Marys River, Florida and Georgia, as (10).

Subsec. (span)(11) to (14). Puspan. L. 106–318, § 4(2)–(4), redesignated par. (11) relating to study of White Clay Creek, Delaware and Pennsylvania, as (12), par. (11) relating to study of segments of Brule, Carp, and other rivers in Michigan as (13), and par. (11) relating to study of segments of Delaware River in Pennsylvania and New Jersey as (14).

Subsec. (span)(15). Puspan. L. 106–318, § 4(5), designated unnumbered par. relating to study of Rio Grande, New Mexico, as par. (15).

Subsec. (span)(16). Puspan. L. 106–318, § 4(6), (7), designated unnumbered par. relating to study of Wekiva River, Florida, and its tributaries as par. (16) and substituted “paragraph (136)” for “paragraph ( )”.

Subsec. (span)(17). Puspan. L. 106–318, § 4(8), added par. (17).

1996—Subsec. (a). Puspan. L. 104–311, § 1, added unnumbered par. relating to Wekiva River, Florida.

Subsec. (a)(106), (108). Puspan. L. 104–333, § 407(span)(1), redesignated par. (106), relating to St. Marys River, Florida, as (108).

Subsec. (a)(109) to (111). Puspan. L. 104–333, § 407(span)(3), designated unnumbered pars. relating to Mills River, North Carolina, Sudbury, Assabet, and Concord, Massachusetts, and Niobrara, Nebraska, as pars. (109) to (111), respectively.

Subsec. (a)(112), (113). Puspan. L. 104–333, § 407(span)(2), (3), designated unnumbered par. relating to Lamprey, New Hampshire as par. (112) and redesignated former par. (112), relating to White Clay Creek, Delaware and Pennsylvania, as (113).

Subsec. (a)(114) to (135). Puspan. L. 104–333, § 407(span)(3), designated unnumbered pars. relating to various rivers as pars. (114) to (135).

Subsec. (span). Puspan. L. 104–311, § 2, added unnumbered par. relating to study of Wekiva River, Florida, and its tributaries.

1994—Subsec. (a). Puspan. L. 103–242, § 3(a), added unnumbered par. relating to Rio Grande, New Mexico.

Subsec. (span). Puspan. L. 103–242, § 3(span), added unnumbered par. relating to study of Rio Grande, New Mexico.

1992—Subsec. (a). Puspan. L. 102–525 added unnumbered par. relating to New River, West Virginia and Virginia.

Puspan. L. 102–460, § 1(a), added unnumbered par. relating to Delaware River, Pennsylvania and New Jersey.

Puspan. L. 102–432 added unnumbered par. relating to North Fork Merced, California.

Puspan. L. 102–301 added unnumbered pars. relating to the following rivers in California: Piru Creek, Little Sur River, Matilija Creek, Lopez Creek, and Sespe Creek.

Puspan. L. 102–271 added unnumbered pars. relating to Clarion River and Mill Creek, Pennsylvania.

Puspan. L. 102–249, § 4(a), added unnumbered pars. relating to the Brule River in Michigan and Wisconsin, and the following rivers in Michigan: Carp, Little Manistee, White, Ontonagon, Paint, Presque Isle, Sturgeon (Ottawa National Forest), Sturgeon (Hiawatha National Forest), Tahquamenon, and Whitefish.

Subsec. (span)(11). Puspan. L. 102–460, § 1(span), added par. (11) relating to study of segments of Delaware River in Pennsylvania and New Jersey.

Puspan. L. 102–249, § 4(span), added par. (11) relating to study of segments of Brule, Carp, and other rivers in Michigan.

1991—Subsec. (a). Puspan. L. 102–214, § 2, added unnumbered par. relating to Lamprey River, New Hampshire.

Puspan. L. 102–50 added unnumbered par. relating to Niobrara River, Nebraska.

Subsec. (a)(112). Puspan. L. 102–215, § 3, added par. (112).

Subsec. (span)(11). Puspan. L. 102–215, § 4, added par. (11) relating to study of White Clay Creek, Delaware and Pennsylvania.

Puspan. L. 102–214, § 3, added par. (11) relating to study of Lamprey River, New Hampshire.

1990—Subsec. (a). Puspan. L. 101–628 added unnumbered par. relating to Sudbury, Assabet, and Concord rivers in Massachusetts.

Puspan. L. 101–538 added unnumbered par. relating to Mills River, North Carolina.

Subsec. (a)(106). Puspan. L. 101–364, § 1(a), added par. (106) relating to St. Marys River, Florida and Georgia.

Puspan. L. 101–356, § 2, added par. (106) relating to Merrimack River, New Hampshire.

Subsec. (a)(107). Puspan. L. 101–357, § 2, added par. (107).

Subsec. (span)(8). Puspan. L. 101–364, § 1(span), added par. (8) relating to study of St. Marys River, Florida and Georgia.

Puspan. L. 101–356, § 3, added par. (8) relating to study of Merrimack River, New Hampshire.

Subsec. (span)(9). Puspan. L. 101–357, § 3, added par. (9).

1989—Subsec. (a)(96), (99). Puspan. L. 101–40, § 2(span)(1), redesignated par. (96), relating to Merced River, California, as par. (99).

Subsec. (a)(100) to (105). Puspan. L. 101–40, § 2(span)(2), designated unnumbered paragraphs relating to rivers in Oregon as pars. (100) to (105).

1988—Subsec. (a). Puspan. L. 100–557, § 103, added unnumbered pars. relating to the following rivers in Oregon: Blue, Chewaucan, North Fork Malheur, South Fork McKenzie, Steamboat Creek, and Wallowa.

Subsec. (d). Puspan. L. 100–557, § 104, designated existing provisions as par. (1) and added par. (2).

1987—Subsec. (a)(94), (95). Puspan. L. 100–149, § 2(span), designated pars. relating to Klickitat and White Salmon as pars. (94) and (95), respectively.

Subsec. (a)(96). Puspan. L. 100–149, § 2(a), added par. (96) relating to Merced, California.

Puspan. L. 100–33 added par. (96) relating to Maurice, New Jersey.

Subsec. (a)(97), (98). Puspan. L. 100–33 added pars. (97) and (98).

1986—Subsec. (a)(90), (91). Puspan. L. 99–590, § 503(a), redesignated par. (90), relating to North Umpqua, Oregon, as par. (91).

Subsec. (a)(92), (93). Puspan. L. 99–590, §§ 201(span), 301(a), added pars. (92) and (93).

Subsec. (a)(94), (95). Puspan. L. 99–663 added at end two unnumbered pars., relating to Klickitat, Washington, and White Salmon, Washington, which were designated as pars. (94) and (95), respectively, by Puspan. L. 100–149.

Subsec. (span)(1). Puspan. L. 99–590, § 503(span), inserted provisions relating to completion and transmission of reports to Congress not later than Jan. 1, 1987.

Subsec. (span)(3). Puspan. L. 99–590, § 301(span), inserted provisions relating to completion date of study of river named in subsec. (a)(93).

Subsec. (span)(4). Puspan. L. 99–590, § 503(c), amended par. (4) generally, substituting provisions authorizing appropriations for purposes of conducting studies of rivers named in subsec. (a), for provisions authorizing appropriations for the purpose of conducting studies of rivers named in pars. (28) through (56), (59) through (76), (90), and (93) of subsec. (a).

Puspan. L. 99–590, § 301(c), inserted provisions authorizing an appropriation of not to exceed $150,000 for conducting study of river named in subsec. (a)(93).

Subsec. (span)(7). Puspan. L. 99–590, § 202(c), added par. (7).

1984—Subsec. (a)(89). Puspan. L. 98–323 added par. (89).

Subsec. (a)(90). Puspan. L. 98–494 added par. (90) appearing second relating to North Umpqua, Oregon.

Puspan. L. 98–484, § 5(a), added par. (90) appearing first relating to Horsepasture, North Carolina.

Subsec. (span)(3). Puspan. L. 98–484, § 5(span), required completion of the study of the Horsepasture River, North Carolina, within three years after Oct. 17, 1984.

Subsec. (span)(4). Puspan. L. 98–484, § 5(c), authorized appropriations for conducting study of the Horsepasture River, North Carolina.

Subsec. (span)(5), (6). Puspan. L. 98–484, § 5(c), redesignated pars. (4) and (5) added by Puspan. L. 96–487, § 604(span), as pars. (5) and (6), respectively.

1980—Subsec. (a)(76). Puspan. L. 96–199, § 102(a), added par. (76).

Subsec. (a)(77) to (88). Puspan. L. 96–487, § 604(a), added pars. (77) to (88).

Subsec. (span)(3), (4). Puspan. L. 96–199, § 102(span), substituted “(76)” for “(75)”.

Subsec. (span)(4), (5). Puspan. L. 96–487, § 604(span), added second par. (4) and par. (5). See 1984 Amendment note above.

1979—Subsec. (span)(3). Puspan. L. 96–87, § 404(a), substituted “paragraphs (59) through (75)” for “paragraphs (59) through (72)”.

Subsec. (span)(4). Puspan. L. 96–87, § 404(span), substituted “subparagraphs (59) through (75)” for “subparagraphs (59) through (74)”.

1978—Subsec. (a)(59) to (75). Puspan. L. 95–625, §§ 721–734, 1108, added pars. (59) to (75).

Subsec. (span)(3), (4). Puspan. L. 95–625, §§ 735, 736, added par. (3), redesignated former par. (3) as (4), and increased appropriations authorization for certain studies to $4,060,000 from $2,175,000 and authorized necessary appropriations for certain other river studies.

1976—Subsec. (a)(47). Puspan. L. 94–486, § 701, struck out “including the tributaries and headwaters on national forest lands” after “Colorado Highway 160”.

Subsec. (a)(58). Puspan. L. 94–486, § 401, added par. (58).

1975—Subsec. (a)(28) to (56). Puspan. L. 93–621, § 1(a), added pars. (28) to (56).

Subsec. (a)(57). Puspan. L. 94–199 added par. (57).

Subsecs. (span) to (d). Puspan. L. 93–621, § 1(span), added subsec. (span) and redesignated former subsecs. (span) and (c) as (c) and (d), respectively.

1974—Subsecs. (span) to (d). Puspan. L. 93–279 redesignated subsecs. (c) and (d) as (span) and (c), respectively. Former subsec. (span), relating to the study of rivers named in subsec. (a) of this section for inclusion in the national wild and scenic river system and submission of reports to the President and the Congress, was incorporated in section 1275(a) of this title.

Statutory Notes and Related Subsidiaries

Change of Name

The Yakima Indian Nation was renamed the Yakama Nation by Puspan. L. 103–434, title XII, § 1204(g), Oct. 31, 1994, 108 Stat. 4557, set out as a note under section 544 of this title.

The Delaware and Lehigh Navigation Canal National Heritage Corridor was redesignated the Delaware and Lehigh National Heritage Corridor by Puspan. L. 105–355, title IV, § 401, Nov. 6, 1998, 112 Stat. 3258.

Effective Date of 1984 Amendment

Puspan. L. 98–484, § 6, Oct. 17, 1984, 98 Stat. 2260, provided that: “The provisions of this Act [amending this section] shall take effect on the date of the enactment of this Act [Oct. 17, 1984].”

Effect on Management of Little Manatee River, Florida

Puspan. L. 117–328, div. DD, title IV, § 403(c), Dec. 29, 2022, 136 Stat. 5599, provided that: “This section [amending this section] and the amendments made by this section shall not interfere with the current management of the area of the Little Manatee River described in paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor shall the fact that such area is listed for study under that Act [16 U.S.C. 1271 et seq.] be used as justification for more restrictive management until Congress acts on the study recommendations.”

Effect on Management of Kissimmee River, Florida

Puspan. L. 117–328, div. DD, title IV, § 404(c), Dec. 29, 2022, 136 Stat. 5599, provided that: “This section [amending this section] and the amendments made by this section shall not interfere with the current management of the area of the Kissimmee River described in paragraph (146) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor shall the fact that such area is listed for study under that Act [16 U.S.C. 1271 et seq.] be used as justification for more restrictive management until Congress acts on the study recommendations.”

Genesee River Protection

Puspan. L. 101–175, Nov. 27, 1989, 103 Stat. 1294, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Genesee River Protection Act of 1989’.

“SEC. 2. PROTECTION OF THE GENESEE RIVER.

“In order to protect for present and future generations the outstanding scenic, natural, recreational, scientific, cultural, and ecological values of the Genesee River within Letchworth Gorge State Park in the State of New York, and to assist in the protection and enhancement of the Gorge’s archeological sites of sacred significance to the Seneca Nation, historic areas, endangered plant communities, and diverse recreation uses, the protections afforded for rivers listed in section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) for study for potential addition to the National Wild and Scenic Rivers System shall apply to the segment of the Genesee River beginning at the southern boundary of Letchworth Gorge State Park and extending downstream to the Mt. Morris Dam, except that the protection so afforded shall not interfere with the Secretary of the Army’s operation and management of Mt. Morris Dam as authorized for purposes of flood control.”