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 42 of 50
the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any
structures accessory to the dwelling which are situated on the land so designated.
Restrictions on hydro and water resource development projects on designated rivers.
SECTION 7. (a) The Federal Power Commission [FERC] shall not license the construction of any
dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal
Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly affecting any river which
is designated in section 3 of this Act as a component of the national wild and scenic rivers system or
which is hereafter designated for inclusion in that system, and no department or agency of the United
States shall assist by loan, grant, license, or otherwise in the construction of any water resources project
that would have a direct and adverse effect on the values for which such river was established, as
determined by the Secretary charged with its administration. Nothing contained in the foregoing
sentence, however, shall preclude licensing of, or assistance to, developments below or above a wild,
scenic or recreational river area or on any stream tributary thereto which will not invade the area or
unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area on the
date of designation of a river as a component of the national wild and scenic rivers system. No
department or agency of the United States shall recommend authorization of any water resources project
that would have a direct and adverse effect on the values for which such river was established, as
determined by the Secretary charged with its administration, or request appropriations to begin
construction of any such project, whether heretofore or hereafter authorized, without advising the
Secretary of the Interior or the Secretary of Agriculture, as the case may be, in writing of its intention so
to do at least sixty days in advance, and without specifically reporting to the Congress in writing at the
time it makes its recommendation or request in what respect construction of such project would be in
conflict with the purposes of this Act and would affect the component and the values to be protected by
it under this Act. Any license heretofore or hereafter issued by the Federal Power Commission [FERC]
affecting the New River of North Carolina shall continue to be effective only for that portion of the river
which is not included in the national wild and scenic rivers system pursuant to section 2 of this Act and
no project or undertaking so licensed shall be permitted to invade, inundate or otherwise adversely affect
such river segment.
Restrictions on hydro and water resource development projects on study rivers.
(b)The Federal Power Commission [FERC] shall not license the construction of any dam, water
conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act,
as amended, on or directly affecting any river which is listed in section 5, subsection (a), of this Act, and
no department or agency of the United States shall assist by loan, grant, license, or otherwise in the
construction of any water resources project that would have a direct and adverse effect on the values for
which such river might be designated, as determined by the Secretary responsible for its study or
approval -- (i) during the ten -year period following enactment of this Act [October 2, 1968] or for a
three complete fiscal year period following any Act of Congress designating any river for potential
addition to the national wild and scenic rivers system, whichever is later, unless, prior to the expiration
of the relevant period, the Secretary of the Interior and where national forest lands are involved, the
Secretary of Agriculture, on the basis of study, determine that such river should not be included in the
national wild and scenic rivers system and notify the Committees on Interior and Insular Affairs of the
United States Congress, in writing, including a copy of the study upon which the determination was
made, at least one hundred and eighty days while Congress is in session prior to publishing notice to that
effect in the Federal Register: Provided, That if any Act designating any river or rivers for potential
addition to the national wild and scenic rivers system provides a period for the study or studies which
exceeds such three complete fiscal year period the period provided for in such Act shall be substituted
for the three complete fiscal year period in the provisions of this clause (i); and (ii) during such interim
http:// www. biologicaldiversity .org /swcbdIPrograms /watersheds /wildlwsract.html 8/29/2007