U.S. Code » Title 16 » Chapter CHAPTER 28— WILD AND SCENIC RIVERS

16 U.S.C. § 1286

Definitions

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As used in this chapter, the term—(a) “River” means a flowing body of water or estuary or a section, portion, or tributary thereof, 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 shall not automatically bar its consideration for such inclusion: Provided, That this shall 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, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area, but such control shall not affect, without the owner’s consent, any regular use exercised prior to the acquisition of the easement. For any designated wild and scenic river, the appropriate Secretary shall 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 shall not constitute fee title ownership for purposes of section 1277(b) of this title.(Pub. L. 90–542, § 16, formerly § 15, Oct. 2, 1968, 82 Stat. 918; Pub. L. 93–279, § 1(c), May 10, 1974, 88 Stat. 123; renumbered Pub. L. 96–487, title VI, § 606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99–590, title V, § 510, Oct. 30, 1986, 100 Stat. 3337.)Editorial NotesAmendments

1986—Subsec. (c). Pub. L. 99–590 inserted provisions relating to function of appropriate Secretary with respect to acquisition of fee title.

1974—Subsec. (c). Pub. L. 93–279 substituted “within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area” for “for the purposes of protecting the scenic view from the river”.

Notes of Decisions
Cited in 6 cases, 1975–1998 · leading case: Sierra Club North Star Chapter v. Pena, 1 F. Supp. 2d 971 (D. Minn. 1998).
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Sierra Club North Star Chapter v. Pena, 1 F. Supp. 2d 971 (D. Minn. 1998). · cites it 2× “” 16 U.S.C. § 1286 (a). With that purpose in mind, the NPS concluded that the Proposed Bridge constitutes a “water resources project” because its construction would involve “a measurable alteration of the bed and banks of the river” and would thereby “impact the free-flow of the…”
Town of Summersville, West Virginia v. Fed. Energy Regulatory Comm'n, Friends of the Earth, Intervenor, 780 F.2d 1034 (D.C. Cir. 1986). “See 16 U.S.C. § 1286 (b). In the debates over the enactment of the WSRA, many congressional representatives expressed concern that the Act would impede development of rivers improperly designated as potential wild and scenic rivers.”
Hardesty v. State Roads Comm'n, 343 A.2d 884 (Md. 1975). “” 16 U.S.C.A. § 1286 (c) (1970). A scenic easement has otherwise been characterized as a negative easement or servitude precluding the owner of land from doing an act which, if no easement existed, he would be entitled to do: “Negative easements involve the payment to the…”
Kiernat v. Cnty. of Chisago, 564 F. Supp. 1089 (D. Minn. 1983). “16 U.S.C. § 1286 (c). The Act permits joint administration with state and local governments.”
United States v. Hanten, 500 F. Supp. 188 (D. Or. 1980). “’’ 16 U.S.C. § 1286 (c) [emphasis supplied].”
State Roads Comm'n of the State High. Admin. v. Town of Colmar Manor, 442 A.2d 199 (Md. Ct. Spec. App. 1982). “’ 16 U.S.C.A. § 1286 (c) (1970). A scenic easement has otherwise been characterized as a negative easement or servitude precluding the owner of land from doing an act which, if no easement existed, he would be entitled to do: 'Negative easements involve the payment to the…”
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