An Act to amend the Wild and Scenic Rivers Act, and for other purposes.
PL 94-486 (S.1506), enacted 10/12/1976

PUBLIC LAW 94-486—OCT. 12, 1976 
90 STAT. 2327 
Public Law 94-486 
94th Congress 
An Act 
To amend the Wild and Scenic Rivers Act, and for other purposes. 
Be it enacted hy the Senate 
and House of Representatives 
of the 
United States of America in Congress 
assembled, 
T I T L E I — F L A T H E A D , MONTANA 
Oct. 12, 1976 
[S. 1506] 
Wild and Scenic 
Rivers Act, 
amendments. 
SEC. 101. Section 3(a) of the Wild and Scenic Rivers Act (82 Stat. 
906; 16 U.S.C. 1271 et seq.) is amended by adding the following new 16 USC 1274. 
paragraph at the end thereof: 
"(13) FLATHEAD, MONTANA.—The North Fork from the Canadian 
border downstream to its confluence with the Middle Fork; the Middle 
Fork from its headw^aters to its confluence to the South Fork; and the 
South Fork from its origin to the Hungry Horse Reservoir, as gener-
ally depicted on the map entitled 'Proposed Flathead Wild and Scenic 
River Boundary Location' dated February 1976; to be administered 
by agencies of the Departments of the Interior and Agriculture as 
agreed upon by the Secretaries of such Departments or as directed by 
the President. Action required to be taken under subsection (b) of 
this section shall be taken within one year from the date of enactment 
of this paragraph. For the purposes of this river, there are authorized 
Appropriation 
to be appropriated not more than $6,719,000 for the acquisition of authorization, 
lands and interests in lands. No funds authorized to be appropriated 
pursuant to this paragraph shall be available prior to October 1,1977.". 
T I T L E II—MISSOURI, MONTANA 
SEC. 201. Section 3(a) of the Act is further amended by adding at 
the end thereof the following new paragraph: 
"(14) MISSOURI, MONTANA.—The segment from Fort Benton one 
hundred and forty-nine miles downstream to Robinson Bridge, as 
generally depicted on the boundary map entitled 'Missouri Breaks 
Freeflowing River Proposal', dated October 1975, to be administered 
by the Secretary of the Interior. For the purposes of this river, there 
are authorized to be appropriated not more than $1,800,000 for the 
acquisition of lands and interests in lands. No funds authorized to be 
appropriated pursuant to this paragraph shall be available prior to 
October 1,1977.". 
SEC. 202. After consultation with the State and local governments 
and the interested public, the Secretary shall, pursuant to section 
3(b) of the Wild and Scenic Rivers Act and within one year of enact-
ment of this Act— 
(1) establish detailed boundaries of the river segment desig-
nated as a component of the National Wild and Scenic Rivers 
System pursuant to section 1 of this Act (hereinafter referred to 
as the "river area") : Provided, 
That the boundaries of the por-
tion of the river area from Fort Benton to Coal Banks Landing 
and the portion of the river area within the boundaries of the 
Charles M. Russell National Wildlife Range shall be drawn to 
include only the river and its bed and exclude all adjacent land 
except significant historic sites and such campsites and access 
Appropriation 
authorization. 
Consuhation. 
16 USC 1274. 
note. 
90 STAT. 2328 
PUBLIC LAW 94-486—OCT. 12, 1976 
16 use 1273. 
Management. 
16 use 1274 
note. 
16 u s e 1271 
note. 
Land acquisition. 
16 use 1277. 
eondemnation. 
Priority 
expenditure. 
Easements. 
Bridge 
construction. 
points as are deemed necessary by the Secretary, and to which the 
Secretary finds no reasonable alternative, as set forth in the man-
agement plan required pursuant to clause (2) of this section; 
and 
(2) determine, in accordance with the guidelines in section 
2(b) of the Wild and Scenic Kivers Act, which of the three 
classes—wild river, scenic river, or recreation river—best fit por-
tions of the river segment, designate such portions in such classes, 
and prepare a management plan for the river area in accordance 
with such designation. 
SEC. 203. (a) The Secretary of the Interior (hereinafter referred to 
as the "Secretary") shall manage the river area pursuant to the provi-
sions of this Act and the Wild and Scenic Rivers Act, and in accord-
ance with the provisions of the Taylor Grazing Act (48 Stat. 1269), 
as amended (43 U.S.C. 315), under principles of multiple use and 
sustained yield, and with any other authorities available to him for 
the management and conservation of natural resources and the protec-
tion and enhancement of the environment, where such Act, principles, 
and authorities are consistent with the purposes and provisions of this 
Act and the Wild and Scenic Rivers Act. 
(b) (1) The Secretary may acquire land and interests in land only in 
accordance with the provisions of this Act and the Wild and Scenic 
Rivers Act and the limitations contained in section 6 of that Act and 
only: (A) at Fort Benton for the visitor facility as provided in sub-
section (g) (2) of this section; (B) at the site of Fort McKenzie; (C) 
in that portion of the river area downstream from Fort Benton to 
Coal Banks Landing for historic sites, campsites, and access points in 
accordance with section 202 (1) of this Act; and (D) in that portion 
of the river area downstream from Coal Banks Landing so as to pro-
vide, wherever practicable and necessary for the purposes of this Act 
and the Wild and Scenic Rivers Act, rim-to-rim protection for such 
portion. 
(2) In accordance with section 6(b) of the Wild and Scenic Rivers 
Act, the Secretary shall not acquire fee title to any lands by condem-
nation under the authority of that Act or this Act, except that the 
Secretary may use condemnation when necessary and within the limi-
tations on acquisition set foith in clause (1) of this subsection to clear 
title, acquire scenic easements, or acquire such other easements as are 
reasonably necessary to give the public access to the river segment 
within the river area and to permit its members to traverse the length 
of said river area or of selected portions thereof. 
(3) The Secretary shall, to the extent feasible, give priority in 
expenditure of funds pursuant to this Act for the acquisition and 
development of campsites and historic sites, including the site of the 
visitor center at Fort Benton and the site of Fort McKenzie. 
(c) Consistent with the provisions of this Act and the Wild and 
Scenic Rivers Act, the Secretary may issue easements, licenses, or per-
mits for rights-of-way through, over, or under the lands in Federal 
ownership within the river area, or for the use of such lands on such 
terms and conditions as are in accordance with the provisions of this 
Act, the Wild and Scenic Rivers Act, and other applicable law. 
(d) The Secretary is authorized to permit the construction of a 
bridge across the river in the general vicinity of the community of 
Winifred, Montana, in order to accommodate the flow of north-south 
traffic. Such construction shall be in accordance with a plan which is 
mutually acceptable to the Secretary and State and local highway 
officials, and which is consistent with the purposes of this Act and the 
Wild and Scenic Rivers Act. 
PUBLIC LAW 94-486—OCT. 12, 1976 
90 STAT. 2329 
(e) To the extent and in a manner consistent with the purposes of 
the Wild and Scenic Rivers Act the Secretary shall permit such pump-
ing facilities and associated pipelines as may be necessary to assure 
the continuation of an adequate supply of water from the Missouri 
River to the owners of lands adjacent to the river and for future 
agricultural use outside the river corridor. The Secretary is authorized 
to permit such pumping facilities and associated pipelines for use for 
fish, wildlife, and recreational uses outside the river corridor. 
(f) The Secretary shall permit hunting and fishing in the river 
area in accordance with applicable Federal and State laws, except that 
he may designate zones where, and periods when, no hunting or fishing 
shall be permitted for reasons of public safety or administration. 
(g) (1) The Secretary, acting through the Bureau of Land Man-
agement, shall exercise management responsibilities in the river area 
for: 
(A) the grazing of livestock; 
(B) the application of the United States mining and mineral 
leasing laws; 
(C) the management of fish and wildlife habitat; 
(D) the diversion and use of water for agricultural and domes-
tic purposes; 
(E) the acquisition of lands and interests therein; 
(F) the administration of public recreational uses of, and any 
historic sites and campsites in, the river area; and 
(G) all other management responsibilities except those set 
forth in paragraph (2) of this subsection. 
(2) The Secretary, acting through the National Park Service, shall 
be responsible for the construction, operation, and management of any 
visitor facility in or near Fort Benton which is found necessary in 
accordance with the management plan developed pursuant to section 
202 and the provision, at such facility, of interpretive services for the 
historic, archeological, scenic, natural, and fish and wildlife resources 
of the area. 
Pumping 
facilities and 
associated 
pipelines. 
Hunting and 
fishing. 
Visitor facility, 
construction. 
T I T L E I I I — O B E D , T E N N E S S E E 
SEC. 301. Section 3(a) of the Act is further amended by adding the 
16 USC 1274. 
following new paragraph at the end thereof: 
"(15) OBED, TENNESSEE.—The segment from the western edge of 
the Catoosa Wildlife Management Area to the confluence with the 
Emory River; Clear Creek from the Morgan County line to the con-
fluence with the Obed River, Daddys Creek from the Morgan County 
line to the confluence with the Obed River; and the Emory River from 
the confluence with the Obed River to the Nemo bridge as gericrally 
depicted and classified on the stream classification map dated Decem-
ber 1973. The Secretary of the Interior shall take such action, with the 
participation of the State of Tennessee as is provided for under subsec-
tion (b) within one year following the date of enactment of this 
paragraph. The development plan required by such subsection (b) 
Cooperative 
shall include cooperative agreements between the State of Tennessee agreements, 
acting through the Wildlife Resources Agency and the Secretary of 
the Interior. Lands within the Wild and Scenic River boundaries that 
are currently part of the Catoosa Wildlife Management Area shall 
continue to be owned and managed by the Tennessee Wildlife 
Resources Agency in such a way as to protect the wildlife resources and 
primitive character of the area, and without further development of 
roads, campsites, or associated recreational facilities unless deemed 
necessary by that agency for wildlife management practices. The 
90 STAT. 2330 
PUBLIC LAW 94-486—OCT. 12, 1976 
Obed Wild and Scenic River shall be managed by the Secretary of the 
Appropriation 
Interior. For the purposes of carrying out the provisions of this Act 
authorization. 
with respect to this river, there are authorized to be appropriated such 
sums as may be necessary, but not to exceed $2,000,000 for the acquisi-
tion of lands or interests in lands and not to exceed $400,000 for 
development. No funds authorized to be appropriated pursuant to 
this paragraph shall be available prior to October 1,1977.". 
TITLE IV—HOUSATONIC, CONNECTICUT 
16 use 1276. 
SEC. 401. Subsection (a) of section 5 of the Act is further amended 
by adding at the end thereof the following: 
"(58) Housatonic, Connecticut: The segment from the Massa-
chusetts-Connecticut boundary downstream to its confluence with the 
Shepaug River.". 
TITLE V—SECTION IV AMENDMENT 
16 use 1275. 
SEC. 501. Subsection (b) of section 4 of the Act is amended by 
deleting the final sentence thereof. 
TITLE VI—FEATHER, CALIFORNIA 
16 use 1274. 
SEC. 601. Subsection (a) of section 3 of the Act is further amended 
by striking the paragraph numbered (3) and inserting in lieu thereof: 
Administration. 
«(3) FEATHER, CALITGRNIA.—The entire Middle Fork downstream 
from the confluence of its tributary streams one kilometer south of 
Beckwourth, California; to be administered by the Secretary of 
Agriculture.". 
TITLE VII—PIEDRA, COLORADO 
16 use 1276. 
SEC. 701. Paragraph (47) of section 6(a) of the Act is amended by 
striking out "including the tributaries and headwaters on national 
forest lands". 
Approved October 12, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1657 accompanying H.R. 15422 (Gomm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 94-502 (eomm. on Interior and Insular Affairs). 
eONGRESSIONAL REeORD: 
Vol. 121 (1975): Dec. 4, considered and passed Senate. 
Vol. 122 (1976): Sept. 27, considered and passed House, amended, in lieu of 
H.R. 15422. 
Sept. 28, Senate concurred in House amendments.