[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR297.3]

[Page 386-387]
 
              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 387]]

    (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.