326 



determined by established principles of law. Under 

 the provisions of this chapter, any taking by the 

 United States of a water 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 entitle the owner thereof to just com- 

 pensation. Nothing in this chapter shall constitute 

 an express or implied claim or denial on the part of 

 the Federal Government as to exemption from State 

 water laws. 



(c) Reservation of waters for other purposes og in 

 unnecessary quantities prohibited. 



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 chapter, or in quantities greater than neces- 

 sary to accomplish these purposes. 



(d) State jurisdiction over included streams. 



The jurisdiction of the States over waters of any 

 stream included in a national wild, scenic or recrea- 

 tional river area shall be unaffected by this chapter 

 to the extent that such jurisdiction may be exercised 

 without impairing the purposes of this chapter or its 

 administration. 



(e) Interstate compacts. 



Nothing contained in this chapter shall be con- 

 strued 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. 



(0 Rights of access to streams. 



Nothing in this chapter shall affect existing rights 

 of any State, including the right of access, with 

 respect to the beds of navigable streams, tributaries, 

 or rivers (or segments thereof) located in a national 

 wild, scienic or recreational river area. 



(g) Easements and rights-of-way. 



The Secretary of the Interior or the Secretary of 

 Agriculture, as the case may be, may grant ease- 

 ments 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 ap- 

 plicable to the national park system and the national 

 forest system, respectively: Provided, That any con- 

 ditions precedent to granting such easements and 

 rights-of-way shall be related to the policy and 

 purpose of this chapter. (Pub. L. 90-542. § 13, Oct. 

 2. 1968, 82 Stat. 917.) 



§ 1285. Claim and allowance of charitable deduction for 

 contribution or gift of easement. 



The claim and allowance of the value of an ease- 

 ment as a charitable contribution under section 170 

 of Title 26, 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 was donated minus the value of the 

 easement claimed and allowed as a charitable con- 



tribution or gift. (Pub. L. 90-542, § 14. Oct. 2. 1968, 

 82 Stat. 918.) 



§ 1286. Definitions. 

 As used in this chapter, 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 sec- 

 tion of a river, means existing or flowing in natural 

 condition without impoimdment, diversion, straight- 

 ening, rip-rapping, or other modiflcatlon of the 

 waterway. The existence, however, of low dams, di- 

 version works, and other minor structures at the 

 time any river is proposed for inclusion in the na- 

 tional wild and scenic rivers system shall not auto- 

 matically bar its consideration for such inclusion: 

 Provided, That this shall not be construed to au- 

 thorize, intend, or encourage future construction 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) within the authorized boundaries of a com- 

 ponent of the wild and scenic rivers system, for the 

 purpose of protecting the natural qualities of a 

 designated wild, scenic or recreational river area, 

 but such control shall not affect, without the owner's 

 consent, any regular use exercised prior to the ac- 

 quisition of the easement. (As amended Pub. L. 93- 

 279, § 1(c), May 10, 1974, 88 Stat. 123.) 



Amendments 

 1974 — Subsec. (c). Pub. L, 93-279 substituted "within 



the natual qualities cf a designated wild, scenic o rrec- 

 reatlonal river area" for "tor the purpose of protecting 

 the natural qualities of a designated wUd, scenic or rec- 

 reational river area" for "for the purpose of protecting 

 the scenic view from the river". 



§ 1287. Authorization of appropriations. 



(a) There are hereby authorized to be appropri- 

 ated, including such sums as have heretofore been 

 appropriated, the following amounts for land acquisi- 

 tion for each of the rivers (described in section 1274 

 (a) of this title) : 



Clearwater, Middle Fork, Idaho, $2,909,800; 

 Eleven Point, Missouri, $4,906,500; 

 Feather Middle Fork, California, $3,935,700; 

 Rio Grande, New Mexico, $253,000; 

 Rogue. Oregon, $12,447,200; 

 St. Croix, Minnesota and Wisconsin, $11,768,550; 

 Salmon Middle Fork, Idaho, $1,237,100; and 

 Wolf, Wisconsin, $142,150. 



(b) The authority to make the appropriations au- 

 thorized in this section shall expire on Sept. 30, M79. 

 (As amended Pub. L. 93-279. § 1(d), May 10, 1974, 

 88 Stat. 123.) 



Amendments 

 1974 — Pub. L. 93-279 added subsecs. (a) and (b) . Former 

 unlettered provisions authorizing appropriation of 

 amounts up to $17,000,000 for the acquisition of lands 

 and interests In land, were stricken. 



