16 U.S.C. § 544k | Tributary rivers and streams

(a)

Water resources projects

16 U.S.C. 1278(a)The following rivers and streams shall be subject to the same restrictions on the licensing, permitting, and exempting from licensing and the construction of water resource projects as provided for components of the National Wild and Scenic Rivers System pursuant to section 7(a) of the Wild and Scenic Rivers Act ():

(1)

1 So in original. Probably should be “subsection”.

any tributary river or stream to the Columbia River not designated in subsections  (c) or (d) of this section or otherwise specified in this subsection which flows in whole or in part through a special management area, unless the construction of a water resources project would not have a direct and adverse effect on the scenic, cultural, recreation, and natural resources of the scenic area;

(2)

any river or river segment which flows in whole or in part through the scenic area and which is established pursuant to State law as a wild, scenic, or recreation river or which is under study pursuant to State law for the potential inclusion in any such State protected river system, unless such project or projects meet terms and conditions set by State agencies exercising administration over such river or river segment;

(3)

the Wind River, Washington, for a period not less than three years following the later of—

(A)

October 22, 1976Public Law 94–588 16 U.S.C. 1600 final approval of the Gifford Pinchot National Forest Plan, adopted pursuant to the National Forest Management Act of 1976 (Act of , , as amended) ( et seq.); or

(B)

16 U.S.C. 1271 submittal by the Secretary of a report to the President on the suitability or nonsuitability for addition to the national wild and scenic rivers system and a report by the President to the Congress of recommendations and proposals with respect to the designation of such river under the Wild and Scenic Rivers Act [ et seq.];

(4)

November 17, 1986 the Hood River, Oregon, if such facility impounds or diverts water other than by means of a dam or diversion existing as of ; and

(5)

November 17, 1986 the segment of the Little White Salmon, Washington, from the Willard National Fish Hatchery to its confluence with the Columbia River if such facility impounds or diverts water other than by means of a dam or diversion existing as of .

(b)

Exceptions

16 U.S.C. 1274 16 U.S.C. 1276The provisions of subsection (a) shall not apply to those portions of tributary rivers or streams to the Columbia River which flow through or border on Indian reservations. Nothing in this section shall apply to or affect any segment of any river designated as a wild and scenic river under section 3 of the Wild and Scenic Rivers Act () or any river designated for study under section 5 of such Act ().

Pub. L. 99–663, § 13(a)Nov. 17, 1986100 Stat. 4293 Pub. L. 111–11, title I, § 1203(b)Mar. 30, 2009123 Stat. 1012(, (b), , , 4294; , , .)

Editorial Notes

References in Text

section 13 of Pub. L. 99–663Nov. 17, 1986100 Stat. 4294Subsection (c) or (d) of this section, referred to in subsec. (a)(1), is subsec. (c) or (d) of , , , which amended sections 1274(a) and 1276(a), respectively, of this title.

Pub. L. 94–588Oct. 22, 197690 Stat. 2949 section 1600 of this titleThe National Forest Management Act of 1976, referred to in subsec. (a)(3)(A), is , , , which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under and Tables.

Pub. L. 90–542Oct. 2, 196882 Stat. 906 section 1271 of this titleThe Wild and Scenic Rivers Act, referred to in subsec. (a)(3)(B), is , , , which is classified generally to chapter 28 (§ 1271 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Section 13 of Pub. L. 99–663, which enacted this section, consisted of subsecs. (a) to (d). Subsecs. (a) and (b) of section 13 were classified to this section, and subsecs. (c) and (d) of section 13 amended sections 1274 and 1276 of this title, respectively.

Amendments

Pub. L. 111–11November 17, 19862009—Subsec. (a)(4). struck out “for a period not to exceed twenty years from ,” before “if such facility”.