322 



within a federally administered wild, scenic or rec- 

 reational 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 Secre- 

 tary shall acquire fee title to any lands by condem- 

 nation under authority of this chapter. Nothing 

 contained In this section, however, shall preclude 

 the use of condemnation when necessary to clear title 

 or to acquire scenic easements or such other ease- 

 ments 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 seg. 

 ments thereof. 



(c) Curtailment of condemnation power in urban areas 

 covered by valid and satisfactory zoning ordi- 

 nances. 



Neither the Secretary of the Interior nor the Sec- 

 retary of Agriculture may acquire lands by condem- 

 nation, for the purpose of including such lands in 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 chapter. In 

 order to carry out the provisions of this subsection 

 the appropriate Secretary shall issue guidelines, 

 specifying standards for local zoning ordinances, 

 which are consistent with the purposes of this chap- 

 ter. The standards specified In such guidelines shall 

 have the object of (A) prohibiting new commercial or 

 Industrial uses other than commercial or Industrial 

 uses which are consistent with the purposes of this 

 chapter, and (B) the protection of the bank lands by 

 means of acreage, frontage, and setback require- 

 ments on development. 



(d) Exchange of property. 



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 desig- 

 nated in section 1274 of this title or hereafter desig- 

 nated for Inclusion In the system by Act of Congress 

 and, in exchange therefor, convey to the grantor any 

 federally owned property which Is under his jurisdic- 

 tion within the State In which the component lies 

 and which he classifies as suitable for exchange or 

 other disposal. The values of the properties so ex- 

 changed either shall be approximately equal or, If 

 they are not approximately equal, shall be equalized 

 by the payment of cash to the grantor or to the Sec- 

 retary as the circumstances require. 



(e) Transfer of jurisdiction over Federally owned 

 property to appropriate Secretary. 



The head of any Federal department or agency 

 having administrative jurisdiction over any lands or 

 Interests in land within the authorized boundaries Of 

 any federally administered component of the na- 

 tional wild and scenic rivers system designated In 

 section 1274 of this title or hereafter designated for 

 Inclusion In the system by Act of Congress is author- 

 ized to tiansfer to the appropriate secretary Jurisdic- 

 tion over such lands for administration in accord- 

 ance with the provisions of this chapter. Lands 

 acquired by or transferred to the Secretary of Agri- 

 culture for the purposes of this chapter within or 



adjacent to a national forest shall upon such acquisi- 

 tion or transfer become national forest lands. 



(f) Acceptance of donated land, funds, and other 

 property. 



The appropriate Secretary is authorized to accept 

 donations of lands and Interests In land, funds, and 

 other property for use In connection with his admin- 

 istration of the national wild and scenic rivers 

 system. 



(g) Retained right of use and occupancy; termination; 

 fair market value; improved property. 



(1) Any owner or owners (hereinafter in this sub- 

 section referred to as "owner") of improved property 

 on the date of its acquisition, may retain for them- 

 selves and their s.uccessors or assigns a right of use 

 and occupancy of the improved property for noncom- 

 mercial 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 appro- 

 priate Secretary shall pay to the owner the fair mar- 

 ket value of the property on the date of such acquisi- 

 tion less the fair market value on such date of the 

 right retained by the owner. 



(2) A right of use and occupancy retained pur- 

 suant to this subsection shall be subject to termina- 

 tion 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 chapter. 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 oc- 

 cupancy shall terminate by operation of law upon 

 tender of the fair market price. 



(3) The term "improved property", as used in this 

 chapter, means a detached, one-family dwelling 

 (hereinafter referred to as "dwelling"), the con- 

 struction of which was begun 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 Sec- 

 retary 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. (Pub. L. 90-542, 5 6. 

 Oct. 2, 1968, 82 Stat. 912.) 



§1278. Restrictions on water resources projects. 



(a) Construction projects licensed by Federal Power 

 Commission. 

 The Federal Power Commission shall not license 

 the construction of any dam, water conduit, reservoir, 

 powerhouse, transmission line, or other project works 

 under the Federal Power Act, as amended, on or di- 

 rectly affecting any river which is designated in sec- 

 tion 1274 of this title as a component of the national 

 wild and scenic rivers system or which is hereafter 

 designated for inclusion in that system, and no de- 

 partment or agency of the United States shall assist 

 by loan, grant, license, or otherwise in the construc- 

 tion of any water resources project that would have 

 a direct and adverse effect on the values for which 



