--- kind: "section" citation: "16 U.S.C. § 1273" title: "16" title_heading: "Conservation" number: "1273" heading: "National wild and scenic rivers system" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/1273" units: - "Chapter 28 — Wild and Scenic Rivers" --- # §1273. National wild and scenic rivers system - (a) **Composition; application; publication in Federal Register; expense; administration of federally owned lands—** The national wild and scenic [rivers](/usc/16/1286.md?p=a) system shall comprise [rivers](/usc/16/1286.md?p=a) (i) that are authorized for inclusion therein by Act of Congress, or (ii) that are designated as wild, scenic or recreational [rivers](/usc/16/1286.md?p=a) by or pursuant to an act of the legislature of the [State](/usc/16/590q.md?p=a) or [States](/usc/16/544.md?p=r) through which they flow, that are to be permanently administered as wild, scenic or recreational [rivers](/usc/16/1286.md?p=a) by an agency or political [subdivision](/usc/16/539m–1.md?p=15) of the [State](/usc/16/590q.md?p=a) or [States](/usc/16/544.md?p=r) concerned that are found by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, upon application of the Governor of the [State](/usc/16/590q.md?p=a) or the Governors of the [States](/usc/16/544.md?p=r) concerned, or a [person](/usc/16/450rr–1.md?p=b) or [persons](/usc/16/450rr–1.md?p=b) thereunto duly appointed by him or them, to meet the criteria established in this chapter and such criteria supplementary thereto as he may prescribe, and that are approved by him for inclusion in the system, including, upon application of the Governor of the [State](/usc/16/590q.md?p=a) concerned, the Allagash [Wilderness](/usc/16/3102.md?p=13) Waterway, Maine; that segment of the Wolf [River](/usc/16/1286.md?p=a), Wisconsin, which flows through Langlade County; and that segment of the New [River](/usc/16/1286.md?p=a) in North Carolina extending from its confluence with Dog Creek downstream approximately 26.5 miles to the Virginia [State](/usc/16/590q.md?p=a) line. Upon receipt of an application under clause (ii) of this subsection, the [Secretary](/usc/16/410r–5.md?p=c-1) shall notify the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) and publish such application in the Federal Register. Each [river](/usc/16/1286.md?p=a) designated under clause (ii) shall be administered by the [State](/usc/16/590q.md?p=a) or political [subdivision](/usc/16/539m–1.md?p=15) thereof without expense to the United States other than for administration and management of federally owned lands. For purposes of the preceding sentence, amounts made available to any [State](/usc/16/590q.md?p=a) or political [subdivision](/usc/16/539m–1.md?p=15) under [chapter 2003](/usc/54/chstII/ch2003.md) of title 54 or any other provision of law shall not be treated as an expense to the United States. Nothing in this subsection shall be construed to provide for the transfer to, or administration by, a [State](/usc/16/590q.md?p=a) or local authority of any federally owned lands which are within the boundaries of any [river](/usc/16/1286.md?p=a) included within the system under clause (ii). - (b) **Classification, designation, and administration of rivers—** A wild, scenic or recreational [river](/usc/16/1286.md?p=a) [area](/usc/16/539m–1.md?p=1-A) eligible to be included in the system is a free-flowing stream and the related adjacent land [area](/usc/16/539m–1.md?p=1-A) that possesses one or more of the values referred to in [section 1271 of this title](/usc/16/1271.md). Every wild, scenic or recreational [river](/usc/16/1286.md?p=a) in its free-flowing condition, or upon restoration to this condition, shall be considered eligible for inclusion in the national wild and scenic [rivers](/usc/16/1286.md?p=a) system and, if included, shall be classified, designated, and administered as one of the following: - (1) Wild [river](/usc/16/1286.md?p=a) [areas](/usc/16/539m–1.md?p=1-A)—Those [rivers](/usc/16/1286.md?p=a) or sections of [rivers](/usc/16/1286.md?p=a) that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America. - (2) Scenic [river](/usc/16/1286.md?p=a) [areas](/usc/16/539m–1.md?p=1-A)—Those [rivers](/usc/16/1286.md?p=a) or sections of [rivers](/usc/16/1286.md?p=a) that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads. - (3) Recreational [river](/usc/16/1286.md?p=a) [areas](/usc/16/539m–1.md?p=1-A)—Those [rivers](/usc/16/1286.md?p=a) or sections of [rivers](/usc/16/1286.md?p=a) that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past. ## Source credit (Pub. L. 90–542, § 2, Oct. 2, 1968, 82 Stat. 906; Pub. L. 94–407, § 1(1), Sept. 11, 1976, 90 Stat. 1238; Pub. L. 95–625, title VII, § 761, Nov. 10, 1978, 92 Stat. 3533; Pub. L. 113–287, § 5(d)(29), Dec. 19, 2014, 128 Stat. 3267.) ## Notes ### Editorial Notes ### Amendments 2014—Subsec. (a). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Act of 1965”. 1978—Subsec. (a). Pub. L. 95–625 provided for notification of the Federal Energy Regulatory Commission and publication of any application in the Federal Register; made it an expense of the United States for administration and management of federally owned lands; treated amounts available to the States under provisions of law not as an expense of the United States; and made federally owned lands within boundaries of State rivers free of ownership or administration of State or local authority. 1976—Subsec. (a). Pub. L. 94–407 inserted provision for inclusion of specified segment of New River in North Carolina.