[Code of Federal Regulations]

[Title 36, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR297.3]



[Page 432-433]

 

              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.  297.3  Definitions.



    Act means the Wild and Scenic Rivers Act (82 Stat. 906, as amended; 

16 U.S.C. 1271-1288).

    Construction means any action carried on with Federal assistance 

affecting the free-flowing characteristics or the scenic or natural 

values of a Wild and Scenic River or Study River.

    Federal assistance means any assistance by an authorizing agency 

including, but not limited to, the following:

    (a) A license, permit, preliminary permit, or other authorization 

granted by the Federal Energy Regulatory Commission pursuant to sections 

4(e) and 4(f) of the Federal Power Act, 16 U.S.C. 797;



[[Page 433]]



    (b) A license, permit, or other authorization granted by the Corps 

of Engineers, Department of the Army, pursuant to the Rivers and Harbors 

Act of 1899 (33 U.S.C. 401 et seq.), and section 404 of the Clean Water 

Act (33 U.S.C. 1344); and,

    (c) Any other license, permit, or authorization which may be 

required by an agency or Department of the Federal Government before, 

during, or after construction of a water resources project.

    Free-flowing is defined by section 16(b) of the Act as ``existing or 

flowing in natural condition without impoundment, diversion, 

straightening, riprapping, or other modification of the waterway'' (16 

U.S.C. 1287(b)).

    Study period means the time during which a river is being studied as 

a potential component of the Wild and Scenic Rivers System and such 

additional time as provided in section 7(b)(ii) of the Act not to exceed 

3 additional years during which a report recommending designation is 

before the Congress, or such additional time as may be provided by 

statute.

    Study river means a river and the adjacent area within one quarter 

mile of the banks of the river which is designated for study as a 

potential addition to the National Wild and Scenic Rivers System 

pursuant to section 5(a) of the Act.

    Water resources project means any dam, water conduit, reservoir, 

powerhouse, transmission line, or other project works under the Federal 

Power Act (41 Stat. 1063) as amended, or other construction of 

developments which would affect the free-flowing characteristics of a 

Wild and Scenic River or Study River.

    Wild and scenic river means a river and the adjacent area within the 

boundaries of a component of the National Wild and Scenic Rivers System 

pursuant to section 3(a) or 2(a)(ii) of the Act.