---
kind: "section"
citation: "16 U.S.C. § 1286"
title: "16"
title_heading: "Conservation"
number: "1286"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1286"
units:
  - "Chapter 28 — Wild and Scenic Rivers"
---

# §1286. Definitions


As used in this chapter, the term—

- (a) “River” means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.
- (b) “Free-flowing”, as applied to any [river](#a) or section of a [river](#a), means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any [river](#a) is proposed for inclusion in the national wild and scenic [rivers](#a) system shall not automatically bar its consideration for such inclusion: Provided, That this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the national wild and scenic [rivers](#a) system.
- (c) “Scenic easement” means the right to control the use of land (including the air space above such land) within the authorized boundaries of a component of the wild and scenic [rivers](#a) system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational [river](#a) [area](/usc/16/539m–1.md?p=1-A), but such control shall not affect, without the [owner](/usc/16/429b–3.md?p=4)’s consent, any regular use exercised prior to the [acquisition](/usc/16/620e.md?p=1) of the easement. For any designated wild and scenic [river](#a), the appropriate [Secretary](/usc/16/410r–5.md?p=c-1) shall treat the [acquisition](/usc/16/620e.md?p=1) of fee title with the reservation of regular [existing uses](/usc/16/539m–1.md?p=3) to the [owner](/usc/16/429b–3.md?p=4) as a scenic easement for purposes of this chapter. Such an [acquisition](/usc/16/620e.md?p=1) shall not constitute fee title ownership for purposes of [section 1277(b) of this title](/usc/16/1277.md?p=b).

## Source credit

(Pub. L. 90–542, § 16, formerly § 15, Oct. 2, 1968, 82 Stat. 918; Pub. L. 93–279, § 1(c), May 10, 1974, 88 Stat. 123; renumbered Pub. L. 96–487, title VI, § 606(a), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99–590, title V, § 510, Oct. 30, 1986, 100 Stat. 3337.)

## Notes

### Editorial Notes

### Amendments

1986—Subsec. (c). Pub. L. 99–590 inserted provisions relating to function of appropriate Secretary with respect to acquisition of fee title.

1974—Subsec. (c). Pub. L. 93–279 substituted “within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area” for “for the purposes of protecting the scenic view from the river”.