BOARD00714

• Board Meeting Date: 7/9/1975
• Description: Agenda or Table of Contents, Minutes, Resolution
• Board Meetings - Doc Type: Meeting

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per mile on both sides of the river; or, in other words, not more than
one' quarter mile on each side of the river. Not more than an average
of one hundred acres per mile on both sides of the river can be
acquired by fee title. If fifty percent of the land along the river
is public land, fee title cannot be obtained by condemnation. However,
scenic or other easements can be acquired to give the public reasonable
access to the river. Scenic easements give the right to control the
use of land and the air space above for the purpose of protecting the
scenic view of the river, but they cannot interfere with any existing
use at the time the easement was acquired.

Water resource development could be curtailed if it would have a direct
and adverse effect on the values for which a component was included
in the national wild and scenic rivers system. The Federal Power
Commission cannot license power projects nor can other federal agencies
request authorization for or request appropriations to begin construction
of any such projects without reporting to Congress the effects it would
have on the wild and scenic river values. However, the Act does not
preclude water resource developments above or below a wild, scenic or
recreational river or on a tributary thereto which will not unreasonably
diminish the wild and scenic river values. ,,,' ".

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Designation as a component of the national wild and scenic river system
shall not affect the applicability of the mining and leasing laws,
except that all prospecting, mining, and other activities on claims
not perfected prior to inclusion in the system shall be subject to
special regulations; and that issuance of patents within the system
shall convey mineral and reasonable surface rights only and the operation
must be consistent with special regulations. And further, that subject
to existing valid rights, minerals in federal lands within one quarter
of a mile of each bank of any river designated as "wild" are with-
drawn from appropriation.

Mineral leases, licenses and permits for lands located within one quarter
of a mile of a river designated as a potential addition may be issued
subject to special regulations. These special regulations will be
prescribed by the Secretary of the Interior or the ~~cretary of Agri-
culture to effectuate purposes of the act and to provide safeguards
against river pollution and unnecessary impairment of scenic values.

Each component of the national wild and scenic river system shall be
administered in such a manner as to protect and enhance those values
which cause it to be included in the system, without limiting other
uses that do not substantially interfere with public use and enjoyment
of these values. Therefore, a summary of the facts that the wild and
scenic river designation might have on water resource utilization and
development is:

1. Water resource development could be curtailed if it would have a
direct and adverse effect on the values for which the river was
established.

2. Water users on wild rivers most likely would not be able to use

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