---
kind: "section"
citation: "36 C.F.R. § 297.5"
title: "36"
number: "297.5"
heading: "Determination."
url: "https://uscodex.org/cfr/36/297.5"
---

# §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.

## Notes

### Authority

Authority: 16 U.S.C. 551, 1278(c), 1281(d).

### Source

Source: 49 FR 1902, Jan. 16, 1984, unless otherwise noted. Correctly designated at 49 FR 6896, Feb. 24, 1984.