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Wild and Scenic Rivers Act
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<br />(4) No permit or other authorization provided for under provision of any other Federal law shall
<br />be conditioned on the existence of any agreement provided for in this section.
<br />Management policies
<br />SECTION 12. (a) The Secretary of the Interior, the Secretary of Agriculture, and the head of any
<br />other Federal department or agency having jurisdiction over any lands which include, border upon, or
<br />are adjacent to, any river included within the National Wild and Scenic Rivers System or under
<br />consideration for such inclusion, in accordance with section 2(a)(ii), 3(a), or 5(a), shall take such action
<br />respecting management policies, regulations, contracts, plans, affecting such lands, following November
<br />10, 1978, as may be necessary to protect such rivers in accordance with the purposes of this Act. Such
<br />Secretary or other department or agency head shall, where appropriate, enter into written cooperative
<br />agreements with the appropriate State or local official for the planning, administration, and management
<br />of Federal lands which are within the boundaries of any rivers for which approval has been granted
<br />under section 2(a)(ii). Particular attention shall be given to scheduled timber harvesting, road
<br />construction, and similar activities which might be contrary to the purposes of this Act.
<br />(b) Nothing in this section shall be construed to abrogate any existing rights, privileges, or
<br />contracts affecting Federal lands held by any private party without the consent of said party.
<br />(c) The head of any agency administering a component of the national wild and scenic rivers
<br />system shall cooperate with the Administrator, Environmental Protection Agency and with the
<br />appropriate State water pollution control agencies for the purpose of eliminating or diminishing the
<br />pollution of waters of the river.
<br />Reservation of State and Federal jurisdiction and responsibilities; access to and across wild and
<br />scenic rivers.
<br />SECTION 13. (a) Nothing in this Act shall affect the jurisdiction or responsibilities of the States
<br />with respect to fish and wildlife. Hunting and fishing shall be permitted on lands and waters
<br />administered as parts of the system under applicable State and Federal laws and regulations unless, in
<br />the case of hunting, those lands or waters are within a national park or monument. The administering
<br />Secretary may, however, designate zones where, and establish periods when, no hunting is permitted for
<br />reasons of public safety, administration, or public use and enjoyment and shall issue appropriate
<br />regulations after consultation with the wildlife agency of the State or States affected.
<br />(b) The jurisdiction of the States and the United States over waters of any stream included in the
<br />national wild, scenic or recreational river area shall be determined by established principles of law.
<br />Under the provisions of this Act, any taking by the United States of a water right which is vested under
<br />either State or Federal law at the time such river is included in the national wild and scenic rivers system
<br />shall entitle the owner thereof to just compensation. Nothing in this Act shall constitute an express or
<br />implied claim or denial on the part of the Federal Government as to exemption from State water laws.
<br />(c) Designation of any stream or portion thereof as a national wild, scenic or recreational river
<br />area shall not be construed as a reservation of the waters of such streams for purposes other than those
<br />specified in this Act, or in quantities greater than necessary to accomplish these purposes.
<br />(d) The jurisdiction of the States over waters of any stream included in a national wild, scenic or
<br />recreational river area shall be unaffected by this Act to the extent that such jurisdiction may be
<br />exercised without impairing the purposes of this Act or its administration.
<br />(e) Nothing contained in this Act shall be construed to alter, amend, repeal, interpret, modify, or
<br />be in conflict with any interstate compact made by any States which contain any portion of the national
<br />wild and scenic rivers system.
<br />(f) Nothing in this Act shall affect existing rights of any State, including the right of access, with
<br />respect to the beds of navigable streams, tributaries, or rivers (or segments thereof) located in a national
<br />wild, scenic or recreational river area.
<br />http:// www. biologicaldiversity .org /swcbdIPrograms /watersheds /wild /wsract.html 8/29/2007
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