[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: 36CFR297.5]



[Page 433-434]

 

              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.



[[Page 434]]



    (b) If consent is denied, the Secretary may recommend measures to 

eliminate adverse effects, and the authorizing agencies may submit 

revised plans for consideration.