[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR297.5]

[Page 425]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 297--WILD AND SCENIC RIVERS--Table of Contents
 
                   Subpart A--Water Resources Projects
 
Sec. 297.5  Determination.

    (a) The Secretary of Agriculture will consent to the issuance of any 
Federal license, permit, or other authorization if, as a finding of 
fact, it is determined that:
    (1) The water resources project will not have a direct and adverse 
effect on the values for which a Wild and Scenic River or Study River 
was designated, when any portion of the project is within the boundaries 
of said river, or;
    (2) The effects of the water resources project will neither invade 
nor unreasonably diminish the scenic, recreational, and fish wildlife 
values of a Wild and Scenic River, when any portion of the project is 
located above, below, or outside the Wild and Scenic River, or;
    (3) The effects of the water resources project will neither invade 
nor diminish the scenic, recreational, and fish and wildlife values of a 
Study River when the project is located above, below, or outside the 
Study River during the study period.
    (b) If consent is denied, the Secretary may recommend measures to 
eliminate adverse effects, and the authorizing agencies may submit 
revised plans for consideration.