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<br />Pub. Law 90 -542 - 12 - October 2, 1968
<br />82 STAT. 918.
<br />Eacemonts and
<br />(9) The Secretary of tie Interior or the Secretary of Agriculture, as
<br />runts -of —way.
<br />the case may be, may grant easements and rights -of -way upon, over,
<br />under, across, or through any component of the national wild and
<br />scenic rivers systsn in accordaneo with the litws applicable to the fla-
<br />t tonal Intl* systelll and t td
<br />ile liaonal forest systeln, respectively : Pro -
<br />ii hhilt
<br />vided, ally Conditions precedent to granting suell easelnents find
<br />rights -of -way shall be related to the policy and purpose of this Act.
<br />Claim and allow-
<br />Saic. 14. The claim and allowance of the value of an easement as it
<br />anoe as chart-
<br />charitable contribution under section 170 of ticks ° Unitaxl Stdtte,4
<br />table contra-
<br />(lode, or as it gift hillier socl.ioil 2.522 of said title shall eollstitllte an
<br />bution or i;ii•t.
<br />76 Stat 1034
<br />agreenient by.the donor oil behalf of himself, his heirs, an d ass that,
<br />if the terms of the instrument creating the easement are violated, the
<br />68A Stat. 410,
<br />donee or the Unite States fully acquire the Sitrvlent estate at Its fair
<br />market value as of the tittle the easement, was donated minus the vales
<br />of the easement claimed and allowed as it charitable contribution or
<br />gift.
<br />Definitions.
<br />SEc. 1:. As used in this Act, the term —
<br />(a) "River" means a flowing body of winter or estuary or it section,
<br />1mrt.lon, or tributary thereof, Including rivers, strcains, creeks, runs,
<br />kills, rills, and small lakes.
<br />(I1) " Free-flowing ", its applied to any river of section of it 1'IVi!1',
<br />nwalls existing of flowing Ill natural t
<br />ral condition witho inlpolllld-
<br />nlent, diversion, straightening, rip- rapping, or other modification of
<br />the waterway. The existence, however, of low dams, diversion works,
<br />and other minor structures at the time any river is proposed for in-
<br />elusion in the national wild and scenic rivets system shall not auto -
<br />matically bar its consideration for such inclusion Provided, That this
<br />shall not be construed to authorize, intend, or encourage future con-
<br />struction of such structures within components of the national wild
<br />and scenic rivers system.
<br />(c) "Scenic easelnellt" means I]M, right to control the use of land
<br />(including the air space above such land) for the purpose of protect-
<br />ing the scenic view from the river, but such control shall not affect,
<br />without the owner's consent, any regular use exercised prior to the
<br />acquisition of the easement.
<br />Appropriations.
<br />S>•:c. 16. 'There are hereby authorized to he appro priated such sums
<br />as be but
<br />may necessary, not more than $17,000,000, for the acquisition
<br />of lands and interests in land under the provisions of this Act.
<br />Approved October 2, 1968.
<br />LEGISLATIVE HESTORY
<br />HOUSE REPORTS: No. 1623 accompanying H. R. 18260 (Comm. on
<br />Interior & Insular Affairs) and No. 1917 (Comm. of
<br />Conference).
<br />SENATE REPORT No. 491 (Comm, on Interior & Insular Affairs).
<br />CONGRESSIONAL RECORD:
<br />Vol. 113 (1967): Aug. 8, considered and passed Senato.
<br />Vol. 114 (1968)z July 15, Sept. 12, considered and passed
<br />Heusi,, amended, in lieu of Il. R. 18760.
<br />:;ept. 25, House a;rood to conference report.
<br />Sept, 26, Senate agreed to conference report.
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