[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: 36CFR297.5]

[Page 387-388]
 
              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 388]]

    (b) If consent is denied, the Secretary may recommend measures to 
eliminate adverse effects, and the authorizing agencies may submit 
revised plans for consideration.