Wild and Scenic Rivers Act

• Description: Wild and Scenic Rivers Act
• State: CO
• Date: 8/29/2007
• Title: Wild and Scenic Rivers Act
• Water Supply Pro - Doc Type: Legislation

Wild and Scenic Rivers Act
Page 41 of 50
States, neither Secretary shall acquire fee title to any lands by condemnation under authority of this Act.
Nothing contained in this section, however, shall preclude the use of condemnation when necessary to
clear title or to acquire scenic easements or such other easements as are reasonably necessary to give the
public access to the river and to permit its members to traverse the length of the area or of selected
segments thereof.
(c) Neither the Secretary of the Interior nor the Secretary of Agriculture may acquire lands by
condemnation, for the purpose of including such lands in any national wild, scenic or recreational river
area, if such lands are located within any incorporated city, village or borough which has in force and
applicable to such lands a duly adopted, valid zoning ordinance that conforms with the purposes of this
Act. In order to carry out the provisions of this subsection the appropriate Secretary shall issue
guidelines, specifying standards for local zoning ordinances, which are consistent with the purposes of
this Act. The standards specified in such guidelines shall have the object of (A) prohibiting new
commercial or industrial uses other than commercial or industrial uses which are consistent with the
purposes of this Act, and (B) the protection of the bank lands by means of acreage, frontage, and setback
requirements on development.
(d) The appropriate Secretary is authorized to accept title to non - Federal property within the
authorized boundaries of any federally administered component of the national wild and scenic rivers
system designated in section 3 of this Act or hereafter designated for inclusion in the system by Act of
Congress and, in exchange therefor, convey to the grantor any federally owned property which is under
his jurisdiction within the State in which the component lies and which he classifies as suitable for
exchange or other disposal. The values of the properties so exchanged either shall be approximately
equal or, if they are not approximately equal, shall be equalized by the payment of cash to the grantor or
to the Secretary as the circumstances require.
(e) The head of any Federal department or agency having administrative jurisdiction over any
lands or interests in land within the authorized boundaries of any federally administered component of
the national wild and scenic rivers system designated in section 3 of this Act or hereafter designated for
inclusion in the system by Act of Congress is authorized to transfer to the appropriate Secretary
jurisdiction over such lands for administration in accordance with the provisions of this Act. Lands
acquired by or transferred to the Secretary of Agriculture for the purposes of this Act within or adjacent
to a national forest shall upon such acquisition or transfer become national forest lands.
(f) The appropriate Secretary is authorized to accept donations of lands and interests in land,
funds, and other property for use in connection with his administration of the national wild and scenic
rivers system.
(g)(1) Any owner or owners (hereinafter in this subsection referred to as "owner ") of improved
property on the date of its acquisition, may retain for themselves and their successors or assigns a right
of use and occupancy of the improved property for noncommercial residential purposes for a definite
term not to exceed twenty -five years, or in lieu thereof, for a term ending at the death of the owner, or
the death of his spouse, or the death of either or both of them. The owner shall elect the term to be
reserved. The appropriate Secretary shall pay to the owner the fair market value of the property on the
date of such acquisition less the fair market value on such a date of the right retained by the owner.
(2) A right of use and occupancy retained pursuant to this subsection shall be subject to
termination whenever the appropriate Secretary is given reasonable cause to find that such use and
occupancy is being exercised in a manner which conflicts with the purposes of this Act. In the event of
such a finding, the Secretary shall tender to the holder of that right an amount equal to the fair market
value of that portion of the right which remains unexpired on the date of termination. Such right of use
or occupancy shall terminate by operation of law upon tender of the fair market price.
(3) The term "improved property ", as used in this Act, means a detached, one - family dwelling
(hereinafter referred to as "dwelling "), the construction of which was begun before January 1, 19679
(except where a different date is specifically provided by law with respect to any particular river),
together with so much of the land on which the dwelling is situated, the said land being in the same
ownership as the dwelling, as the appropriate Secretary shall designate to be reasonably necessary for
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