36 C.F.R. § 297.4

Requirements for Federal agencies

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(a) No license, permit, or other authorization can be issued for a Federally assisted water resources project on any portion of a Wild and Scenic River or Study River nor can appropriations be requested to begin construction of such projects, without prior notice to the Secretary of Agriculture, and a determination in accordance with section 7 of the Act.

(b) As soon as practicable, but no less than 60 days prior to the date of proposed action, the Federal agency shall provide a notice of intent to issue such license, permit, or other authorization to the Chief, Forest Service, U.S. Department of Agriculture, P.O. Box 2417, Washington, DC 20013. The Secretary will, to the extent possible, give expedited consideration to a notice of intent for a project needed to address an emergency situation.

(1) Name and location of affected river;

(2) Location of the project;

(3) Nature of the permit or other authorization proposed for issuance;

(4) A description of the proposed activity; and

(5) Any relevant information, such as plans, maps, and environmental studies, assessments, or environmental impact statements.

Notes of Decisions

Cited in 2 cases, 1990–1994 · leading case: Coalition for Canyon Pres., Inc. v. Hazen, 788 F. Supp. 1522 (D. Mont. 1990).

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Coalition for Canyon Pres., Inc. v. Hazen, 788 F. Supp. 1522 (D. Mont. 1990). · cites it 2× “Failure to provide 60 day notice and to obtain a section seven determination under the Wild and Scenic Rivers Act: Plaintiffs allege that the Corps failed to give the Forest Service the 60 day notice required by 36 CFR 297.4(b). Plaintiffs concede there is no doubt the Forest…”

Oregon Nat. Resources Council v. Marsh, 845 F. Supp. 758 (D. Or. 1994). · cites it 3× “8 This notice requirement is implemented by 36 C.F.R. § 297.4 . To the extent plaintiffs rely on this notice requirement, 9 their claim must fail.”

— 36 C.F.R. § 297.4(b) — 1 case

Coalition for Canyon Pres., Inc. v. Hazen, 788 F. Supp. 1522 (D. Mont. 1990). “Failure to provide 60 day notice and to obtain a section seven determination under the Wild and Scenic Rivers Act: Plaintiffs allege that the Corps failed to give the Forest Service the 60 day notice required by 36 CFR 297.4(b). Plaintiffs concede there is no doubt the Forest…”

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