16 U.S.C. § 1279

Withdrawal of public lands from entry, sale, or other disposition under public land laws

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(a) Lands within authorized boundaries of components of system

All public lands within the authorized boundaries of any component of the national wild and scenic rivers system which is designated in section 1274 of this title or which is designated after October 2, 1968, for inclusion in that system are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States. This subsection shall not be construed to limit the authorities granted in section 1277(d) or section 1285a of this title.

(b) Lands constituting bed or bank of river; lands within bank area

All public lands which constitute the bed or bank, or are within one-quarter mile of the bank, of any river which is listed in section 1276(a) of this title are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States for the periods specified in section 1278(b) of this title. Notwithstanding the foregoing provisions of this subsection or any other provision of this chapter, subject only to valid existing rights, including valid Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel on both sides of the river segments referred to in paragraphs (77) through (88) of section 1276(a) of this title are hereby withdrawn from entry, sale, State selection or other disposition under the public land laws of the United States for the periods specified in section 1278(b) of this title.

(Pub. L. 90–542, § 8, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96–487, title VI, § 606(c), Dec. 2, 1980, 94 Stat. 2417; Pub. L. 99–590, title V, § 506, Oct. 30, 1986, 100 Stat. 3336.)Editorial NotesReferences in Text

The public land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.

The Alaska Native Claims Settlement Act, referred to in subsec. (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

1986—Subsec. (a). Pub. L. 99–590 inserted provisions relating to construction of subsec. (a) with respect to authorities granted in section 1277(d) or 1285a of this title.

1980—Subsec. (b). Pub. L. 96–487 inserted provision withdrawing, subject to valid existing rights, all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel on both sides of the river segments referred to in section 1276(a)(77) through (88) of this title, from entry, sale, State selection or other disposition under the public land laws for periods specified in section 1278(b) of this title.

Notes of Decisions

Cited in 4 cases, 1979–1996 · leading case: State Ex Rel. Evans v. Click, 631 P.2d 614 (Idaho 1981).

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State Ex Rel. Evans v. Click, 631 P.2d 614 (Idaho 1981). “§ 1274 (a)(23); see also the withdrawal of land adjacent to such systems, 16 U.S.C. § 1279 and the effect of such classification on mining, 16 U.”

Wilderness Soc'y v. Tyrrel, 701 F. Supp. 1473 (E.D. Cal. 1988). “Moreover, the boundary limitation referred to pertains to acquisition of *1486 lands, not to the size of the management corridor, see 16 U.S.C. § 1279 (b) (one quarter mile acquisition boundary).”

Appalachian Power Co. v. United States, 221 Ct. Cl. 398 (Ct. Cl. 1979). “§ 1278 (1976); (2) withdrawal from "entry, sale, or other disposition” of public lands within the authorized boundaries of any such river included in the scenic river system, 16 U.S.C. § 1279 (1968); (3) mineral activities which remain permissible must be conducted in accordance…”

St. Croix Waterway Ass'n v. Meyer, 942 F. Supp. 435 (D. Minnesota 1996). “§§ 1278 & 1280), and withdrew public lands from disposition ( 16 U.S.C. § 1279 ). Congress also' determined that regulation and administration of the Wild and Scenic Rivers System should be accomplished “in such manner as to protect and enhance the values which caused it to be…”

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