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<br />[Aument. and (g) TheSecn.t.d. .~..... 'or:.h'(he.:5l:~(.l-eu:u.y'o1.t\.t;1Il;uhJ
<br />r1.gh1....of--.,y. the case may be, ml, . .t~..''\SCmellts and rights.of.way upon,>... ;... ,
<br />unuer, aLcross. or fhI\ 1".;,(P(~ component of tbe national wiJ,d and
<br />scenic ri\'ers system in ,t.:orua.nc& with the laW's applicable to the oa-
<br />I ional"po.rk system and the national forest system, re.~pectively: Pro.
<br />viJtd, That any conditions precedent to ~anting such ea.semellts nod
<br />rights-of-waY shan be related to the policy and purpose of th is Act,
<br />Cla1Jll II.1ld .110.- SEC. 14. The claim and allowance of the value of an ea...-.ement as a
<br />..... .. ohar1- charitable contrihution under section 170 of title 26, United! States
<br />table co~r1- Code, or as a gift under section 2:;22 of said title shall constitute an
<br />button or 11t't. o.frcement by the donor on hehalf of himself, his heirs, and assigns that,
<br />76 Stat. 1034. i ~he terms of the instrument creating the easement are violated, the
<br />681 Stat. 410. donflfi or the Cnited States may acquire the servient estate at its fair
<br />nlarket ,.alue as of the time the easement was donated minus the value
<br />of the easement claimed and a!1owed. as a charitable contribution or
<br />gift,
<br />D.fin1tionJ. SEC. l..... As used in this Act. the term-
<br />(a) hnh.er~' means a flowin{; body of water or estuary or a section,
<br />portion. or tributar\" thereof, Including rivers, streams, creeks, nlns,
<br />kills. rill.. and small lakes.
<br />(b) hFree-tlo",'ing", as applied to any river or section of a river,
<br />means eJ:istin~ or flowing In natural condition without impound.
<br />ment, diversion, stro.it;htening, 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 Bny river is proposed for in-
<br />clusion in the national wild and scenic rh..ers system shall not auto-
<br />filo.ticalJy 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 stMlctures within components of the national wild
<br />and scenic rivers system.
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<br />(c) "Scenic easement" means the right to control the use
<br />of land (including the air space above such land) within the
<br />authorized boundaries of a component of the wild and scenic
<br />rivers system, for the purpose of protecting the natural
<br />qualities of a designated wild, scenic or recreational river
<br />area, but such control shall not affect, without the owner's
<br />consent, any regular use exercised prior to the acquisition
<br />of the easement.
<br />Sec. 16. (a) There are hereby authorized to be appropriated,
<br />including such sums as have heretofore been appropriated, the
<br />following amounts for land acquisition for each of the rivers
<br />described in section 3(a) of this Act:
<br />Clearwater, Middle Fork, Idaho, $2,909,800;
<br />Eleven Point, Missouri, $4,906,500;
<br />Feather, Middle Fork, California, $3,935,700;
<br />Rio Grande, New Mexico, $253,000;
<br />Rogue, Oregon, $12,447,200;
<br />St. Croix, Minnesota and Wisconsin, $11,768,550;
<br />Salmon, Middle Fork, Idaho, $1,237,100; and
<br />Wolf, Wisconsin, $142,150.
<br />(b) The authority to make the appropriations authorized
<br />in this section shall expire on June 30, 1979.
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<br />INT: 'I5Z0_1~
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