An Act to provide for a National Wild and Scenic Rivers System, and for other purposes
PL 90-542 (S.119), enacted 10/02/1968

906 
PUBLIC LAW 90-541-OCT. 1, 1968 
[82 STAT. 
Public Law 90-541 
October 1, 1968 
J O I N T 
R E S O L U T I O N 
[H.J. Res. 1461] Making continuing appropriations for the fiscal year 1969, and for other purposes. 
Continuing ap-
propriations, 
1969. 
Ante, p. 475. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assenibled, That clause (c) of section 
102 of the joint resolution of June 29, 1968 (Public Law 90-366), is 
hereby further amended by striking out "September 30, 1968" and 
inserting in lieu thereof "October 12,1968". 
Approved October 1, 1968. 
Public Law 90-542 
October 2, 1968 
^ N 
A C T 
[S- 119] 
To provide for a National Wild and Scenic Rivers System, and for other purposes. 
Wild and ! 
Rivers Act. 
National 
and scenic 
system. 
wild 
rivers 
Be It enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) this Act 
may be cited as the "Wild and Scenic Rivers Act". 
(b) It is hereby declared to be the policy of the United States that 
certain selected rivers of the Nation which, with their immediate 
environments, possess outstandingly remarkable scenic, recreational, 
geologic, fish and wildlife, historic, cultural, or other similar values, 
shall be preserved in free-flowing condition, and that they and their 
immediate environments shall be protected for the benefit and enjoy-
ment of present and future generations. The Congress declares that 
the established national policy of dam and other construction at appro-
priate sections of the rivers of the United States needs to be com-
plemented by a policy that would preserve other selected rivers or 
sections thereof in their free-flowing condition to protect the water 
quality of such rivers and to fulfill other vital national conservation 
purposes. 
(c) The purpose of this Act is to implement this policy by institut-
ing a national wild and scenic rivers system, by designating the initial 
components of that system, and by prescribing the methods by which 
and standards according to which additional components may be added 
to the system from time to time. 
SEC. 2. (a) The national wild and scenic rivers system shall comprise 
rivers (i) that are authorized for inclusion therein by Act of Congress, 
or (ii) that are designated as wild, scenic or recreational rivers by or 
pursuant to an act of the legislature of the State or States through 
which they flow, that are to be permanently administered as wild, 
scenic or recreational rivers by an agency or political subdivision of 
the State or States concerned without expense to the United States, 
that are found by the Secretary of the Interior, upon application of 
the Governor of the State or the Governors of the States concerned, 
82 STAT. ] 
PUBLIC LAW 90-542-OCT. 2, 1968 
907 
or a person or persons thereunto duly appointed bv him or them, to 
meet the criteria established in this Act and such criteria supple-
mentary thereto as he may prescribe, and that are approved by him 
lor inclusion in the system, including, upon application of the Governor 
of the State concerned, the Allagash Wilderness Waterway, Maine, 
and that segment of the Wolf River, Wisconsin, which flows through 
Langlade County. 
(b) A wild, scenic or recreational river area eligible to be included jnciufioL^'*^ ^°'^ 
in the system is a free-flowing stream and the related adjacent land 
area that possesses one or more of the values referred to in section 1, 
subsection (b) of this Act. Every wild, scenic or recreational river in 
its free-flowing condition, or upon restoration to this condition, shall 
be considered eligible for inclusion in the national wild and scenic 
rivers system and, if included, shall be classified, designated, and 
administered as one of the following: 
(1) Wild river areas—Those rivers or sections of rivers that are 
free of impoundments and generally inaccessible except by trail, 
with watersheds or shorelines essentially primitive and waters 
unpolluted. These represent vestiges of primitive America. 
(2) Scenic river areas—Those rivers or sections of rivers that 
are free of impoundments, with shorelines or watersheds still 
largely primitive and shorelines largely undeveloped, but acces-
sible in places by roads. 
(3) Recreational river areas—Those rivers or sections of rivers 
that are readily accessible by road or railroad, that may have some 
dexelopnient along their shorelines, and that may have undergone 
some impoundment or diversion in the past. 
SEC. H (a) The following rivers and the land adjacent thereto are National wud 
hereby designated as components of the national wild and scenic rivers 
system: 
(1) CLEARWATER, MmoLE FORK. IDAHO.—The Middle P'ork from the 
town of Kooskia upstream to the town of Lowell; the Lochsa River 
from its junction with the Selway at Lowell forming the Middle Fork, 
upstream to the Powell Ranger Station; and the Selway River from 
Lowell upstream to its origin; to be administered by the Secretary of 
Agriculture. 
(2) ELEVEN POINT, MISSOURI.—The segment of the river extending 
downstream from Thomasville to State Highway 142; to be adminis-
tered by the Secretary of Agriculture. 
(3) FEATHER. (I^LIFORNIA.—The entire Middle Fork; to be adminis-
tered by the Secretary of Agriculture. 
(4) Rio GRANDE, XEW MEXICO.—The segment extending from the 
Colorado State line downstream to the State Highway 96 crossing, and 
the lower four miles of the Red River; to be administered by the 
Secretary of the Interior. 
(5) ROGUE, OREGON.—The segment of the river extending from the 
mouth of the Applegate River downstream to the Lobster Creek 
Bridge; to be administered by agencies of the Departments of the In-
and scenic rivers 
components. 
908 
PUBLIC LAW 90-542-OCT. 2, 1968 
[82 STAT. 
terior or Agriculture as agreed upon by the Secretaries of said Depart-
ments or as directed by the President. 
(6) SAINT CROIX, MINNESOTA AND WISCONSIN.—The segment be-
tween the dam near Taylors Falls, Minnesota, and the dam near 
Gordon, Wisconsin, and its tributary, the Namekagon, from Lake 
Namekagon downstream to its confluence with the Saint Croix; to be 
administered by the Secretary of the Interior: Prorided^ That except 
as may be required in connection with items (a) and (b) of this 
[)aragraph, no funds available to carry out the provisions of this Act 
may be expended for the acquisition or development of lands in con-
nection with, or for administration under this Act of, that portion of 
the Saint Croix River between the dam near Taylors Falls, Minne-
sota, and the upstream end of Big Island in Wisconsin, until sixty 
days after the date on which the Secretary has transmitted to the 
President of the Senate and Speaker of the House of Representatives 
a proposed cooperative agreement between the Northern States Power 
Company and the United States (a) whereby the company agrees to 
convey to the LTnited States, without charge, appropriate interests 
in certain of its lands between the dam near Taylors Falls, Minnesota, 
and the upstream end of Big Island in Wisconsin, including the com-
pany's right, title, and interest to approximately one hundred acres 
per mile, and (b) providing for the use and development of other lands 
and interests in land retained by the company between said points ad-
jacent to the river in a manner which shall complement and not be in-
consistent with the purposes for which the lands and interests in land 
donated by the company are administered under this Act. Said agree-
ment may also include provision for State or local governmental par-
ticipation as authorized under subsection (e) of section 10 of this Act. 
(7) SALMON, MIDDLE FORK, IDAHO.—From its origin to its conflu-
ence with the main Salmon River; to be administered oy the Secretary 
of Agriculture. 
(8) WOLF, WISCONSIN.—From the Langlade-Menominee County 
line downstream to Keshena Falls; to be administered by the Secretary 
of the Interior. 
(b) The agency charged with the administration of each component 
of the national wild and scenic rivers system designated by subsection 
(a) of this section shall, within one year from the date of this Act, 
establish detailed boundaries therefor (which boundaries shall include 
an average of not more than three hundred and twenty acres per mile 
on both sides of the river); determine which of the classes outlined in 
section 2, subsection (b), of this Act best fit the river or its various 
segments; and prepare a plan for necessary developments in connection 
Fe^"rai^Re°"s^er 
^^'^^^^ ^^s administration in accordance with such classification. Said 
^* ^' boundaries, classification, and development plans shall be published 
in the Federal Register and shall not become effective until ninety 
days after they have been forwarded to the President of the Senate 
and the Speaker of the House of Representatives. 
82 STAT. ] 
PUBLIC LAW 90-542-OCT. 2, 1968 
909 
SEC. 4. (a) The Secretary of the Interior or, wliere national forest 
lands are involved, the Secretary of Agriculture or, in appropriate 
oases, the two Secretaries jointly shall study and from time to time 
submit to the President and the Congress proposals for the addition 
to the national wild and scenic rivers system of rivers which are desig-
nated herein or hereafter by the Congress as potential additions to 
such system; which, in his or their judgment, fall within one or more of 
the classes set out in section 2, subsection (b), of this Act; and which 
are proposed to be administered, wholly or jjartially, by an agency of 
the United States. Every such study and plan shall be coordinated with 
any water resources planning involving the same river which is being 
conducted pursuant to the Water Resources Planning Act (79 Stat. 
244; 42 U.S.C. 1962 et seq.). 
Each proposal shall be accompanied by a report, including maps and ^^^^^°''^' ""^P^' 
illustrations, showing among other things the area included within the 
proposal; the characteristics which make the area a worthy addition to 
the system; the current status of landownership and use in the area; 
the reasonably foreseeable potential uses of the land and water which 
would be enhanced, foreclosed, or curtailed if the area were included 
in the national wild and scenic rivers system; the Federal agency 
(which in the case of a river which is wholly or substantially within 
a national forest, shall be the Department of Agriculture) by which 
it is proposed the area be administered; the extent to which it is pi-o-
posed that administration, including the costs thereof, be shared by 
State and local agencies; and the estimated cost to the Ignited States 
of acquiring necessary lands and interests in land and of administering 
the area as a component of the system. Each such report shall be printed 
Printing 
as a Senate or House document. 
(b) Before submitting any such report to the President and the Con-
gress, copies of the proposed report shall, unless it was prepared 
jointly by the Secretary of the Interior and the Secretary of Agricul-
ture, De submitted by the Secretary of the Interior to the Secretary of 
Agriculture or by the Secretary of Agriculture to the Secretary of 
the Interior, as the case may be, and to the Secretary of the Army, the 
Chairman of the Federal Power Commission, the head of any other 
affected Federal department or agency and, unless the lands proposed 
to be included in the area are already owned by the United States or 
have already been authorized for acquisition by Act of Congress, the 
Governor of the State or States in which they are located or an officer 
designated by the Governor to receive the same. Any recommendations 
or comments on the proposal which the said officials furnish the Secre-
tary or Secretaries who prepared the report within ninety days of the 
date on which the report is submitted to them, together with the Secre-
tary's or Secretaries' comments thereon, shall be included with the 
transmittal to the President and the Congress. No river or portion of 
any river shall be added to the national wild and scenic rivers system 
subsequent to enactment of this Act until the close of the next full 
session of the State legislature, or legislatures in case more than one 
Senate or House 
document. 
910 
PUBLIC LAW 90-542-OCT. 2, 1968 
[82 STAT. 
Publication in 
Federal Register. 
Potential addi-
tions, designa-
tion. 
State is involved, which begins following the submission of any recom-
mendation to the President with respect to such addition as herein 
provided. 
(c) Before approving or disapproving for inclusion in the national 
wild and scenic rivers system any river designated as a wild, scenic 
or recreational river by or pursuant to an act of a State legislature, the 
Secretary of the Interior shall submit the proposal to the Secretary of 
Agriculture, the Secretary of the Army, the Chairman of the Federal 
Powder Commission, and the head of any other affected Federal depart-
ment or agency and shall evaluate and give due weight to any recom-
mendations or comments which the said officials furnish him within 
ninety days of the date on which it is .submitted to them. If he approves 
the proposed inclusion, he shall publish notice thereof in the Federal 
Register. 
SEC. 5. (a) The following rivers are hereby designated for potential 
addition to the national wild and scenic rivers system: 
(li) Allegheny, Pennsylvania: The segment from its mouth to the 
town of East Brady, Pennsylvania. 
(2) Bruneau, Idaho: The entire main stem. 
(3) Buffalo, Tennessee: The entire river. 
(4) Chattooga, North Carolina, South Carolina, and Georgia: The 
entire river. 
(5) Clarion, Pennsylvania: The segment between Ridgway and its 
confluence with the Allegheny River. 
(6) Delaware, Pennsylvania and New York: The segment from 
Hancock, New York, to Matamoras, Pennsylvania. 
(7) Flathead, Montana: The North Fork from the Canadian border 
downstream to its confluence with the Middle Fork; the Middle Fork 
from its headwaters to its confluence with the South Fork; and the 
South Fork from its origin to Hungry Horse Reservoir. 
(8) Gasconade, Missouri: The entire river. 
(9) Illinois, Oregon: The entire river. 
(10) Little Beaver, Ohio: The segment of the North and Middle 
Forks of the Little Beaver River in Columbiana County from a point 
in the vicinity of Negly and Elkton, Ohio, downstream to a point in 
the vicinity of East Liverpool, Ohio. 
(11) Little Miami, Ohio: That segment of the main stem of the 
river, exclusive of its tributaries, from a point at the Warren-Cler-
mont County line at Loveland, Ohio, upstream to the sources of Little 
Miami including North Fork. 
(12) Maumee, Ohio and Indiana: The main stem from Perrysburg, 
Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and 
inclusive of its tributaries in Indiana. 
(13) Missouri, Montana: The segment between Fort Benton and 
Ryan Island. 
(14) Moyie, Idaho: The segment from the Canadian border to its 
confluence with the Kootenai River. 
(15) Obed, Tennessee: The entire river and its tributaries, Clear 
Creek and Daddys Creek. 
(16) Penobscot, Maine: Its east and west branches. 
(17) Pere Marquette, Michigan: The entire river. 
(18) Pine Creek, Pennsylvania: The segment from Ansonia to 
Waterville. 
(19) Priest, Idaho: The entire main stem. 
(20) Rio Grande, Texas: The portion of the river between the west 
boundary of Hudspeth County and the east boundary of Terrell 
County on the United States side of the river: Provided^ That before 
undertaking any study of this potential scenic river, the Secretary 
of the Interior shall determine, through the channels of appropriate 
82 STAT. ] 
PUBLIC LAW 90-542-OCT. 2, 1968 
911 
executive agencies, tliat Mexico lias no objection to its being included 
among the studies authorized by this Act. 
(21) Saint Croix, Minnesota and Wisconsin: The segment l>etween 
the dam near Taylors Falls and its confluence with the Mississippi 
River. 
(22) Saint Joe, Idaho: The entire main stem. 
(28) Salmon, Idaho: The segment from the town of North Fork 
to its confluence with the Snake River. 
(24) Skagit, Washington: The segment from the town of Mount 
Vernon to and including the mouth of Bacon Creek; the Cascade River 
between its mouth and the junction of its North and South Forks; the 
South Fork to the boundary of the Glacier Peak Wilderness Area; the 
Suiattle River from its mouth to the Glacier Peak Wilderness Area 
boundary at Milk Creek; the Sauk River from its mouth to its junction 
with Elliott Creek; the North Fork of the Sauk River from its junction 
with the South Fork of the Sauk to the Glacier Peak Wilderness Area 
boundary. 
(25) Suwannee, Georgia and Florida: The entire river from its 
source in the Okefenokee Swamp in Georgia to the gulf and the out-
lying Ichetucknee Springs, Florida. 
(26) LTpper Iowa, Iowa: The entire river. 
(27) Youghiogheny, Maryland and Pennsylvania: The segment 
from Oakland, Maryland, to the Youghiogheny Reservoir, and from 
the Youghiogheny Dam downstream to the town of Connellsville, 
Pennsylvania. 
(b) The Secretary of the Interior and, where national forest lands 
studies. 
are involved, the Secretary of Agriculture shall proceed as expedi-
tiously as possible to study each of the rivers named in subsection (a) 
of this section in order to determine whether it should be included in the 
national wild and scenic rivers system. Such studies shall be completed 
and reports made thereon to the President and the Congi*ess, as pro-
vided in section 4 of this Act, within ten years from the date of this 
Act: Provided, however. That with respect to the Suwannee River, 
Georgia and Florida, and the Upper Iowa River, Iowa, such study 
shall be completed and reports made thereon to the President and the 
Congress, as provided in section 4 of this Act, within two years from 
the date of enactment of this Act. In conducting these studies the Sec-
I'etary of the Interior and the Secretary of Agriculture shall give 
priority to those rivers with respect to which there is the greatest likeli-
hood of developments which, if undertaken, would render them unsuit-
able for inclusion in the national wild and scenic rivers system. 
(c) The study of any of said rivers shall be pursued in as close 
cooperation with appropriate agencies of the affected State and its 
political subdivisions as possible, shall be carried on jointly with such 
agencies if request for such joint study is made by the State, and shall 
include a determination of the degree to which the State or its political 
subdivisions might participate in the preservation and administration 
of the river should it be proposed for inclusion in the national wild 
and scenic rivers system. 
(d) In all planning for the use and development of water and 
related land resources, consideration shall be given by all Federal 
agencies involved to potential national wild, scenic and recreational 
river areas, and all river basin and project plan reports submitted to 
the Congress shall consider and discuss any such potentials. The Secre-
tary of the Interior and the Secretary of Agriculture shall make spe-
cific studies and investigations to determine which additional wild, 
scenic and recreational river areas within the United States shall be 
evaluated in planning reports by all Federal agencies as potential 
alternative uses of the water and related land resources involved-
912 
PUBLIC LAW 90-542-OCT. 2, 1968 
[82 STAT. 
Land acquisi- 
gj;c. 6. (a) The Secretary of the Interior and the Secretary of Agri-
culture are each authorized to acquire lands and interests in land 
within the authorized boundaries of any 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, 
which is administered by him, but he shall not acquire fee title to an 
average of more than 100 acres per mile on both sides of the river. 
Lands owned by a State may be acquired only by donation, and lands 
owned by an Indian tribe or a political subdivision of a State may not 
be acquired without the consent of the appropriate governing body 
thereof as long as the Indian tribe or political subdivision is following 
a plan for management and protection of the lands which the Secretary 
finds protects the land and assures its use for purposes consistent with 
this Act. Money appropriated for Federal purposes from the land 
and water conservation fund shall, without prejudice to the use of 
appropriations from other sources, be available to Federal departments 
and agencies for the acquisition of property for the purposes of this 
Act. 
(b) If 50 per centum or more of the entire acreage within a federally 
administered wild, scenic or recreational river area is owned by the 
United States, by the State or States within which it lies, or by 
political subdivisions of those 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 ease-
ments 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 Agri-
culture may acc^uire lands by condemnation, for the purpose of includ-
ing such lands m 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, sj)ecifying 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 com-
mercial or industrial uses which are consistent with the purposes of 
this Act, and (B) the protection of the bank lands by means of acre-
age, 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 inclu-
sion in the system by Act of Congress and, in exchange therefor, con-
vey 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 
l^roperties so exchanged either shall be approximately equal or, if they 
}ire 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 adminis-
trative jurisdiction over any lands or interests in land within the au-
thorized 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 Con-
gress in authorized to transfer to the appropriate secretary jurisdic-
82 STAT. ] 
PUBLIC LAW 90-542-OCT. 2, 1%8 
913 
tion over such lands for administration in accordance with the provi-
sions of this Act. "Lands acquired hj or transferred to the Secretary of 
Agriculture for the purposes of this Act within or adjacent to a na-
tional 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 proj)erty for use in con-
nection 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 date of the right retained by the 
owner. 
(2) A right of use and occupancy retained pursuant to this subsec- occup^Lncy"^^ ^"^ 
tion shall be sub 
j ect 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 pr"^'^^'y°"^'^ 
detached, one-family dwelling (hereinafter referred to as "dwelling"), 
the construction of which was be|^n before January 1, 1967, 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 the enjoyment 
of the dwelling for the sole purpose of noncommercial residential use, 
together with any structures accessory to the dwelling which are sit-
uated on the land so designated. 
SEC. 7. (a) The Federal Power Commission shall not license the r^^c^ts'^resu-'ic*-* 
construction of any dam, water conduit, reservoir, powerhouse, trans- tions. 
mission line, or other project works under the Federal Power Act (41 
Stat. 1068), as amended (l6 U.S.C 791a et seq.), on or directly affect-
ing any river which is designated in section 3 of this Act as a com-
ponent of the national wild and scenic rivers system or which is 
liereafter 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 admin-
istration. 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 approval of this Act. No department or agency of the 
United States shall recommend authorization of any water resources 
projeti 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 
Publication in 
Federal Register, 
914 
PUBLIC LAW 90-542-OCT. 2, 1968 
[82 STAT. 
construction of any such project, whether heretofore or hereafter 
autliorized, without advising the Secretary of the Interior or the 
Secretary of Agriculture, as the case may be, in writing of its inten-
tion so to do at least sixty days hi advance, and without specifically 
reporting to the Congress in writing at the time it makes its recom-
mendation or req^uest 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. 
(b) The Federal Power Commission shall not license the construction 
of any dam, water conduit, reservoir, powerhouse, transmission line, 
1
6 u*sc 7
*
9
i
^
a 
^^ otlier project works under the Federal Power Act, as amended, on 
or directl}^ 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 five-year period following enactment of this Act 
unless, prior to the expiration of said period, the Secretary of the 
Interior and, where national forest lands are involved, the Secre-
tary of Agriculture, on the basis of study, conclude that such river 
should not be included in the national wild and scenic rivers 
system and publish notice to that effect in the Federal Register, 
and 
(ii) during such additional period thereafter as, in the case of 
any river winch is recommended to the President and the Congress 
for inclusion in the national wild and scenic rivers system, is 
necessary for congressional consideration thereof or, in the case 
of any river recommended to the Secretary of the Interior for 
inclusion in the national wild and scenic rivers system under 
section 2(a) (ii) of this Act, is necessary for the Secretary's con-
sideration thereof, which additional period, however, shall not 
exceed three years in the first case and one year in the second. 
Nothing contained in the foregoing sentence, however, shall preclude 
licensing of, or assistance to, developments below or above a potential 
wild, scenic or recreational river area or on any stream tributary 
thereto which will not invade the area or diminish the scenic, recrea-
tional, and fish and wildlife values present in the potential wild, 
scenic or recreational river area on the date of approval of this Act. 
No department or agency of the United States shall, during the periods 
hereinbefore 
specified, recommend 
authorization 
of 
any 
water 
resources project on any such river or request appropriations to begin 
construction of any such project, whether heretofore or hereafter 
authorized, without advising the Secretary of the Interior and, where 
national forest lands are involved, the Secretary of Agriculture in 
wanting of its intention so to do at least sixty days in advance of doing 
so and without specifically reporting to the Congress in writing at the 
time it makes its recommendation or request in what respect con-
struction 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. 
(c) The Federal Power Commission and all other Federal agencies 
shall, promptly upon enactment of this Act, inform the Secretary of 
the Interior and, where national forest lands are involved, the Sec-
retary of Agriculture, of any proceedings, studies, or other activities 
within their jurisdiction which are now in progress and which affect or 
may affect any of the rivers specified in section 5, subsection (a), of 
this Act. They shall likewise inform him of any such proceedings, 
studies, or other activities which are hereafter commenced or resumed 
before they are commenced or resumed. 
82 STAT. ] 
PUBLIC LAW 90-542-OCT. 2, 1968 
915 
(d) Nothing in this section with respect to the making of a loan or 
grant shall apply to grants made under the Land and Water Conserva-
tion Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-5 et seq.). 
SEC. 8. (a) All public lands within the authorized boundaries of any 
component of the national wild and scenic rivers system which is 
designated in section 3 of this Act or which is hereafter designated for 
inclusion in that system are hereby withdrawn from entry, sale, or 
other disposition under the public land laws of the United States. 
(b) All public lands which constitute the bed or bank, or are within 
one-quarter mile of the bank, of any river which is listed in section 5, 
subsection (a), of this Act are hereby withdrawn from entry, sale, or 
other disposition under the public land laws of the United States for 
the periods specified in section 7, subsection (b), of this Act. 
SEC. 9. (a) Nothing in this Act shall affect the applicability of the ^^^^'^^\^^'^^^ 
United States mining and mineral leasing laws within components of i^w^^ easing 
the national wild and scenic rivers system except that— 
(i) all prospecting, mining operations, and other activities on 
mining claims which, in the case of a component of the system 
designated in section 3 of this Act, have not heretofore been per-
fected or which, in the case of a component hereafter designated 
pursuant to this Act or any other Act of Congress, are not per-
fected before its inclusion in the system and all mining operations 
and other activities under a mineral lease, license, or permit issued 
or renewed after inclusion of a component in the system shall be 
subject to such regulations as the Secretary of the Interior or, in 
the case of national forest lands, the Secretary of Agriculture may 
prescribe to effectuate the purposes of this Act; 
(ii) subject to valid existing rights, the perfection of, or issu-
ance of a patent to, any mining claim affecting lands wdthin the 
system shall confer or convey a right or title only to the mineral 
deposits and such rights only to the use of the surface and the 
surface resources as are reasonably required to carrying on pros-
pecting or mining operations and are consistent with such regula-
tions as may be prescribed by the Secretary of the Interior or, in 
the case of national forest lands, by the Secretary of Agriculture; 
and 
(iii) subject to valid existing rights, the minerals in Federal 
lands which are part of the system and constitute the bed or bank 
or are situated within one-quarter mile of the bank of any river 
designated a wild river under this Act or any subsequent Act are 
hereby withdrawn from all forms of appropriation under the 
mining laws and from operation of the mineral leasing laws 
including, in both cases, amendments thereto. 
Kegulations issued pursuant to paragraphs (i) and (ii) of this subsec-
tion shall, among other things, provide safeguards against pollution of 
the river involved and unnecessary impairment of the scenery within 
the component in question. 
(b) The minerals in any Federal lands which constitute the bed or 
bank or are situated within one-quarter mile of the bank of any river 
which is listed in section 5, subsection (a) of this Act are hereby with-
drawn from all forms of appropriation under the mining laws dur-
ing the periods specified in section 7, subsection (b) of this Act. 
Nothing contained in this subsection shall be construed to forbid 
prospecting or the issuance or leases, licenses, and permits under the 
mineral leasing laws subject to such conditions as the Secretary of 
the Interior and, in the case of national forest lands, the Secretary of 
Agriculture find appropriate to safeguard the area in the event it 
is subsequently included in the system. 
916 
PUBLIC LAW 90.542-OCT. 2, 1968 
[82 STAT. 
Administration. 
16 u s e 1131 
note. 
State or local 
governments, co-
operative agree-
ments. 
State and local 
projects, financial 
assistance. 
16 u s e 460M 
note. 
16 u s e 460^ 
460^-3. 
SEC. 10. (a) Each component of the national wild and scenic rivers 
system shall be administered in such manner as to protect and enhance 
the values which caused it to be included in said system without, 
insofar as is consistent therewith, limiting other uses that do not sub-
stantially interfere with public use and enjoyment of these values. In 
such administration primary emphasis shall be ^iven to protecting its 
esthetic, scenic, historic, archeologic, and scientific features. Manage-
ment plans for any such component may establish varying degrees 
of intensity for its protection and development, based on the special 
attributes of the area. 
(b) Any portion of a component of the national wild and scenic 
rivers system that is within the national wilderness preservation sys-
tem, as established by or pursuant to the Act of September 3,1964 (78 
Stat. 890; 16 U.S.C., ch. 23), shall be subject to the provisions of both 
the Wilderness Act and this Act with respect to preservation of such 
river and its immediate environment, and in case of conflict between 
the provisions of these Acts the more restrictive provisions shall 
applv. 
(c) Any component of the national wild and scenic rivers system 
that is administered by the Secretary of the Interior through the 
National Park Service shall become a part of the national park sys-
tem, and any such component that is administered by the Secretary 
through the Fish and Wildlife Service shall become a part of the na-
tional wildlife refuge system. The lands involved shall be subject to the 
provisions of this Act and the Acts under which the national park 
system or national wildlife system, as the case may be, is administered, 
and in case of conflict between the provisions of these Acts, the more 
restrictive provisions shall apply. The Secretary of the Interior, in his 
administration of any component of the national wild and scenic rivers 
system, may utilize such general statutory authorities relating to 
areas of the national park system and such general statutory authorities 
otherwise available to him for recreation and preservation purposes 
and for the conservation and management of natural resources as he 
deems appropriate to carry out the purposes of this Act. 
(d) The Secretary of Agriculture, in his administration of any com-
ponent of the national wild and scenic rivers system area, may utilize 
the general statutory authorities relating to the national forests in such 
manner as he deems appropriate to carry out the purjjoses of this Act. 
(e) The Federal agency charged with the administration of any 
component of the national wild and scenic rivers system may enter into 
written cooperative agreements with the Governor of a State, the head 
of any State agency, or the appropriate official of a political subdi-
vision of a State for State or local governmental participation in the. 
administration of the component. The States and their political sub-
divisions shall be encouraged to cooperate in the planning and admin-
istration of components of the system which include or ad]oin State- or 
county-owned lands. 
SEC. 11. (a) The Secretary of the Interior shall encourage and assist 
the States to consider, in formulating and carrying out their compre-
hensive statewide outdoor recreation plans and proposals for financing 
assistance for State and local projects submitted pursuant to the Land 
and Water Conservation Fund Act of 1965 (78 Stat. 897), needs and 
opportunities for establishing State and local wild, scenic and recrea-
tional river areas. He shall also, in accordance with the authority con-
tained in the Act of May 28, 1963 (77 Stat. 49), provide technical 
assistance and advice to, and cooperate with. States, political subdi-
visions, and private interests, including nonprofit organizations, with 
respect to establishing such wild, scenic and recreational river areas. 
82 STAT. ] 
PUBLIC LAW 90-542-OCT. 2, 1968 
917 
(b) The Secretaries of Agriculiture and of Health, Education, and 
Welfare shall likewise, in accordance with the authority vested in 
them, assist, advise, and cooperate with State and local agencies and 
private interests with respect to establishing such wild, scenic and 
recreational river areas. 
SEC. 12. (a) The Secretary of the Interior, the Secretary of Agricul- and*^^a^a^*J^'e°" 
ture, and heads of other Federal agencies shall review administrative pou^es^re^iew. 
and management policies, regulations, contracts, and plans affecting 
lands under their respective jurisdictions which include, border upon, 
or are adjacent to the rivers listed in subsection (a) of section 5 of this 
Act in order to determine what actions should be taken to protect such 
rivers during the period they are being considered for potential addi-
tion to the national wild and scenic rivers system. Particular attention 
shall be given to scheduled timber harvestnig, road construction, and 
similar activities which might be contrary to the purjjoses of this Act. 
(b) Nothing in this section shall be construed to abrogate any exist-
ing rights, privileges, or contracts affecting Federal lands held by any 
l)rivate party without the consent of said party. 
(c) The head of any agency administering a component of the na-
tional wild and scenic rivers system shall cooperate with the Secretary 
of the Interior and with the appropriate State water pollution conti;ol 
agencies for the purpose of eliminating or diminishing the pollution 
of waters of the river. 
SEC. 13. (a) Nothing in this Act shall affect the jurisdiction or ifj%^^'^i^^.^n 
responsibilities of the States with respect to fish and wildlife. Hunting 
and fishing shall be j^ermitted on lands and waters administered as 
parts of the system under applicable State and Federal law^s and 
regulations unless, in the case of hunting, those lands or waters are 
within a national park or monument. The administering Secretary 
may, however, designate zones where, and establish periods when, no 
hunting is permitted for reasons of public safety, administration, or 
public use and enjoyment and shall issue appropriate regulations after 
consultation with the wildlife agency of the State or States affected. 
(b) The jurisdiction of the States and the United States over waters 
of any stream included in a national wild, scenic or recreational river 
area shall be determined by established principles of law. Under the 
water rights, 
provisions of this Act, any taking by the United Staites of a w^ater right 
which is vested under either State or Federal law at the time such 
river is included in the national wild and scenic rivers system shall en-
title the owner thereof to just compensation. Nothing in this Act shall 
constitute an express or implied claim or denial on the part of the Fed-
eral Government as to exemption from State water laws. 
(c) Designation of any stream or portion thereof as a national wild, 
scenic or recreational river area shall not be construed as a reservation 
of the waters of such streams for purposes other than those specified 
in this Act, or in quantities greater than necessary to accomplish these 
purposes. 
(d) The jurisdiction of the States over waters of any stream includetl 
in a national wild, scenic or recreational river area shall be unaffected 
by this Act to the extent that such jurisdiction may be exercised without 
impairing the purposes of this Act or its administration. 
compensation. 
918 
PUBLIC LAW 90-542-OCT. 2, 1968 
[82 STAT. 
Easements and 
rights-of-way. 
Easement as 
contribution, 
claim and allow-
ance. 
76 Stat. 1034; 
68A Stat. 410. 
Definitions. 
Appropriations. 
(e) Nothing contained in this Act shall be construed to alter, amend, 
repeal, interpret, modify, or be in conflict with any interstate compact 
made by any States which contain any portion of the national wild and 
scenic rivers system. 
(f) Nothing in this Act shall affect existing rights of any State, in-
cluding the right of access, with respect to the beds o;^ navigable 
streams, tributaries, or rivers (or segments thereof) located in a na-
tional wild, scenic or recreational river area. 
(g) The Secretary of the Interior or the Secretary of AgTiculture, as 
the case may be, may grant easements and rights-of-way upon, over, 
under, across, or through any component of the national wild and 
scenic rivers system in accordance with the laws applicable to the na-
tional park system and the national forest system, respectively: Pro-
vided^ That any conditions precedent to granting such easements and 
rights-of-way shall be related to the policy and purpose of this Act. 
SEC. 14. The claim and allowance of the value of an easement as a 
charitable contribution under section 170 of title 26, United States 
Code, or as a gift under section 2522 of said title shall constitute an 
agreement by the donor on behalf of himself, his heirs, and assigns that, 
if the terms of the instrument creating the easement are violated, the 
donee or the United States may acquire the servient estate at its fair 
market value as of the time the easement w^as donated minus the value 
of the easement claimed and allowed as a charitable contribution or 
gift. 
SEC. 15. As used in this Act, the term— 
(a) "River" means a flowing body of water or estuary or a section, 
portion, or tributary thereof, including rivers, streams, creeks, runs, 
kills, rills, and small lakes. 
(b) "Free-flowing", as applied to any river or section of a river, 
means existing or flowing m natural condition without impound-
ment, diversion, straightening, rip-rapping, or other modification of 
the waterway. The existence, however, of low dams, diversion works, 
and other minor structures at the time any river is proposed for in-
clusion in the national wild and scenic rivers system shall not auto-
matically bar its consideration for such inclusion: Provided^ That this 
shall not be construed to authorize, intend, or encourage future con-
struction of such structures within components of the national wild 
and scenic rivers system. 
(c) "Scenic easement" means the right to control the use of land 
(including the air space above such land) for the purpose of protect-
ing the scenic view from the river, but such control shall not affect, 
without the owner's consent, any regular use exercised prior to the 
acquisition of the easement. 
SEC. 16. There are hereby authorized to be appropriated such sums 
as may be necessary, but not more than $17,000,000, for the acquisition 
of lands and interests in land under the provisions of this Act. 
Approved October 2, 1968.