16 U.S.C. § 1278

Restrictions on water resources projects

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar

(a) Construction projects licensed by Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly affecting any river which is designated in section 1274 of this title as a component of the national wild and scenic rivers system or which is hereafter designated for inclusion in that system, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary thereto which will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area on the date of designation of a river as a component of the National Wild and Scenic Rivers System. No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration, or request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary of the Interior or the Secretary of Agriculture, as the case may be, in writing of its intention so to do at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this chapter and would affect the component and the values to be protected by it under this chapter. Any license heretofore or hereafter issued by the Federal Energy Regulatory Commission affecting the New River of North Carolina shall continue to be effective only for that portion of the river which is not included in the National Wild and Scenic Rivers System pursuant to section 1273 of this title and no project or undertaking so licensed shall be permitted to invade, inundate or otherwise adversely affect such river segment.

(b) Construction projects on rivers designated for potential addition to systemThe Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act, as amended [16 U.S.C. 791a et seq.], on or directly affecting any river which is listed in section 1276(a) of this title, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river might be designated, as determined by the Secretary responsible for its study or approval—(i) during the ten-year period following October 2, 1968, or for a three complete fiscal year period following any Act of Congress designating any river for potential addition to the national wild and scenic rivers system, whichever is later, unless, prior to the expiration of the relevant period, the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, determine that such river should not be included in the national wild and scenic rivers system and notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, in writing, including a copy of the study upon which the determination was made, at least one hundred and eighty days while Congress is in session prior to publishing notice to that effect in the Federal Register: Provided, That if any Act designating any river or rivers for potential addition to the national wild and scenic rivers system provides a period for the study or studies which exceeds such three complete fiscal year period the period provided for in such Act shall be substituted for the three complete fiscal year period in the provisions of this clause (i); and(ii) during such interim period from the date a report is due and the time a report is actually submitted to the Congress; and(iii) during such additional period thereafter as, in the case of any river the report for which is submitted to the President and the Congress, is necessary for congressional consideration thereof or, in the case of any river recommended to the Secretary of the Interior for inclusion in the national wild and scenic rivers system under section 1273(a)(ii) of this title, is necessary for the Secretary’s consideration thereof, which additional period, however, shall not exceed three years in the first case and one year in the second.Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a potential wild, scenic or recreational river area or on any stream tributary thereto which will not invade the area or diminish the scenic, recreational, and fish and wildlife values present in the potential wild, scenic or recreational river area on the date of designation of a river for study as provided for in section 1276 of this title. No department or agency of the United States shall, during the periods hereinbefore specified, recommend authorization of any water resources project on any such river or request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture in writing of its intention so to do at least sixty days in advance of doing so and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this chapter and would affect the component and the values to be protected by it under this chapter.(c) Activities in progress affecting river of system; notice to Secretary

The Federal Energy Regulatory Commission and all other Federal agencies shall, promptly upon enactment of this chapter, inform the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, of any proceedings, studies, or other activities within their jurisdiction which are now in progress and which affect or may affect any of the rivers specified in section 1276(a) of this title. They shall likewise inform him of any such proceedings, studies, or other activities which are hereafter commenced or resumed before they are commenced or resumed.

(d) Grants under chapter 2003 of title 54

Nothing in this section with respect to the making of a loan or grant shall apply to grants made under chapter 2003 of title 54.

(Pub. L. 90–542, § 7, Oct. 2, 1968, 82 Stat. 913; Pub. L. 93–279, § 1(b)(3), (4), May 10, 1974, 88 Stat. 123; Pub. L. 93–621, § 1(c), Jan. 3, 1975, 88 Stat. 2096; Pub. L. 94–407, § 1(2), Sept. 11, 1976, 90 Stat. 1238; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 99–590, title V, § 505, Oct. 30, 1986, 100 Stat. 3336; Pub. L. 103–437, § 6(a)(7), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 113–287, § 5(d)(30), Dec. 19, 2014, 128 Stat. 3267.)Editorial NotesReferences in Text

The Federal Power Act, referred to in subsecs. (a) and (b), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

Codification

In subsec. (d) text, the words “(78 Stat. 897; 16 U.S.C. 460l–5 et seq.)” were omitted following “chapter 2003 of title 54” in view of the amendment by Pub. L. 113–287. See 2014 Amendment note below.

Amendments

2014—Subsec. (d). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965”.

1994—Subsec. (b)(i). Pub. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives” for “Committees on Interior and Insular Affairs of the United States Congress”.

1986—Subsec. (a). Pub. L. 99–590, § 505(a), substituted provisions relating to values present in the area on the date of designation of a river as a component of the System, for provisions relating to values present in the area on Oct. 2, 1968.

Subsec. (b). Pub. L. 99–590, § 505(b), added cl. (ii), redesignated former cl. (ii) as (iii), and substituted provisions relating to values present in the area on the date of designation of a river for study pursuant to section 1276 of this title for provisions relating to values present in the area on the date of approval of this chapter.

1976—Subsec. (a). Pub. L. 94–407 inserted provision relating to licenses issued affecting the New River of North Carolina.

1975—Subsec. (b)(i). Pub. L. 93–621 inserted proviso that if any Act provides a time period for study in excess of the three fiscal year period, that period shall be substituted for the three complete fiscal year period provision of cl. (i).

1974—Subsec. (b)(i). Pub. L. 93–279, § 1(b)(3), substituted provisions that construction projects may not be licensed or assisted before Oct. 2, 1978, or for a three year period following inclusion of a river in the list of rivers for potential addition to the national wild and scenic river system, unless, prior to that period, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, determined that such river should not be so included and notified the Committees on Interior and Insular Affairs, before publication in the Federal Register, for provisions that such projects may not be licensed or assisted before Oct. 2, 1973, unless, prior to that period, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, concluded that such river should not be so included and published notice to that effect in the Federal Register.

Subsec. (b)(ii). Pub. L. 93–279, § 1(b)(4), substituted “the report for which is submitted to the President and the Congress, is necessary” for “which is recommended to the President and the Congress for inclusion in the national wild and scenic rivers system, is necessary”.

Statutory Notes and Related SubsidiariesTransfer of Functions

“Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in subsecs. (a), (b), and (c) pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.

The Federal Power Commission was terminated, and its functions with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in navigable waters under part I of Federal Power Act (16 U.S.C. 792 et seq.) were transferred to the Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293 of Title 42.

Executive DocumentsTransfer of Functions

Enforcement functions of Secretary or other official in Department of the Interior related to compliance with system activities requiring coordination and approval under this chapter and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

Notes of Decisions

Cited in 32 cases, 1975–2020 · leading case: Marsh v. Oregon Nat. Resources Council, 490 U.S. 360 (1989).

Sort: Relevance Newest Treatment

Marsh v. Oregon Nat. Resources Council, 490 U.S. 360 (1989). “11 Respondents’ complaint also included claims under the Wild and Scenic Rivers Act (WASRA), 16 U. S. C. § 1278 , and the Freedom of Informatio¿i Act (FOIA), 5 U.”

High Country Resources & Glacier Energy Co. v. Fed. Energy Regulatory Comm'n, 255 F.3d 741 (9th Cir. 2001). · cites it 3× “The orders were based on a 1998 United States Forest Service determination (“1998 determination”) that the projects would unreasonably diminish the fishery value of the Skagit Wild and Scenic River Area in violation of Section 7(a) of the Wild and Scenic Rivers Act (“ § 7(a)”),…”

Hughes River Watershed Conservancy v. Glickman, 81 F.3d 437 (4th Cir. 1996). · cites it 6× “See 16 U.S.C. § 1278 (a). These protections do not preclude development below or above a wild, scenic, or recreational river area, _________________________________________________________________ The Conservancy argues that the combinations of alternatives rejected by the Corps…”

Merced Irrigation Dist. v. Cnty. of Mariposa, 941 F. Supp. 2d 1237 (E.D. Cal. 2013). · cites it 3× “” 16 U.S.C. § 1278 (a). Section 7 requires the Secretary of the Interior to evaluate whether a “water resources project .”

Town of Summersville, West Virginia v. Fed. Energy Regulatory Comm'n, Friends of the Earth, Intervenor, 780 F.2d 1034 (D.C. Cir. 1986). · cites it 5× “§ 1274 , and barred the Commission from licensing the construction of any hydroelectric project “on or directly affecting” any river within that system, 16 U.S.C. § 1278 (a). The WSRA also provides that Congress may authorize the Secretary of Interior or the Secretary of…”

Fitzgerald v. Harris, 549 F.3d 46 (1st Cir. 2008). “The protections are primarily contained in 16 U.S.C. § 1278 , entitled “Restrictions on water resources projects.”

Bess Bair v. Cal. Dept of Transp., 982 F.3d 569 (9th Cir. 2020). “18 Because of those deficiencies, the district court determined that Caltrans had not taken the requisite “hard look” at the environmental impacts of the Project, and that the EA was inadequate.”

Nat'l Parks Conservation Ass'n v. Salazar, 965 F. Supp. 2d 67 (D.D.C. 2013). · cites it 2× “16 U.S.C. § 1278 (a). The WSRA provides three classifications for rivers in the system: scenic, recreational and wild.”

Nat'l Parks Conservation Ass'n v. Semonite, 311 F. Supp. 3d 350 (D.C. Cir. 2018). “But federal protection attaches to rivers designated as "Wild and Scenic" under 16 U.S.C. § 1278 , and no river in Virginia has been designated as such.”

Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 213 P.3d 1164 (Or. 2009). “also provides, among other things, that the secretary will have authority over certain parts of the scenic area, 16 USC § 544f, that the Oregon Department of Transportation will develop a plan for restoring the Old Columbia River Highway, 16 USC § 544j, that designated rivers…”

Forest Guardians v. United States Forest Serv., 370 F. Supp. 2d 978 (D. Ariz. 2004). · cites it 3× “5 (a); see also 16 U.S.C. § 1278 . The FLPMA did not terminate rights-of-way that had been previously issued and, in fact, specifically protected those rights.”

Sierra Club North Star Chapter v. Pena, 1 F. Supp. 2d 971 (D. Minnesota 1998). · cites it 4× “Plaintiffs alleged, among other things, that the DOI had violated Section 7(a) of the WSRA, 16 U.S.C. § 1278 (a) (“Section 7”), by failing to determine whether the Project would have a direct and adverse effect upon the values for which the Lower St.”

Show all 32 citing cases →

— 16 U.S.C. § 1278(b) — 1 case

State of North Carolina v. Fed. Power Comm'n, Appalachian Power Co., Intervenors, 533 F.2d 702 (D.C. Cir. 1976).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.