16 U.S.C. § 1281

Administration

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(a) Public use and enjoyment of components; protection of features; management plans

Each component of the national wild and scenic rivers system shall be administered in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith, limiting other uses that do not substantially interfere with public use and enjoyment of these values. In such administration primary emphasis shall be given to protecting its esthetic, scenic, historic, archeologic, and scientific features. Management plans for any such component may establish varying degrees of intensity for its protection and development, based on the special attributes of the area.

(b) Wilderness areas

Any portion of a component of the national wild and scenic rivers system that is within the national wilderness preservation system, as established by or pursuant to the Wilderness Act [16 U.S.C. 1131 et seq.], shall be subject to the provisions of both the Wilderness Act and this chapter with respect to preservation of such river and its immediate environment, and in case of conflict between the provisions of the Wilderness Act and this chapter the more restrictive provisions shall apply.

Any component of the national wild and scenic rivers system that is administered by the Secretary of the Interior through the National Park Service shall become a part of the national park system, and any such component that is administered by the Secretary through the Fish and Wildlife Service shall become a part of the national wildlife refuge system. The lands involved shall be subject to the provisions of this chapter and the Acts under which the national park system or national wildlife system, as the case may be, is administered, and in case of conflict between the provisions of this chapter and such Acts, the more restrictive provisions shall apply. The Secretary of the Interior, in his administration of any component of the national wild and scenic rivers system, may utilize such general statutory authorities relating to areas of the national park system and such general statutory authorities otherwise available to him for recreation and preservation purposes and for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this chapter.

(d) Statutory authorities relating to national forests

The Secretary of Agriculture, in his administration of any component of the national wild and scenic rivers system area, may utilize the general statutory authorities relating to the national forests in such manner as he deems appropriate to carry out the purposes of this chapter.

(e) Cooperative agreements with State and local governments

The Federal agency charged with the administration of any component of the national wild and scenic rivers system may enter into written cooperative agreements with the Governor of a State, the head of any State agency, or the appropriate official of a political subdivision of a State for State or local governmental participation in the administration of the component. The States and their political subdivisions shall be encouraged to cooperate in the planning and administration of components of the system which include or adjoin State- or county-owned lands.

(Pub. L. 90–542, § 10, Oct. 2, 1968, 82 Stat. 916.)Editorial NotesReferences in Text

The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

The Acts under which the national park system and the national wildlife system are administered, referred to in subsec. (c), are classified generally to this title.

Codification

The first reference to the Wilderness Act in subsec. (b) was in the original a reference to the Act of September 3, 1964 (78 Stat. 890).

Statutory Notes and Related SubsidiariesManagement of Segment of Salmon River Designated as Component of Wild and Scenic River System Located Within Frank Church—River of No Return Wilderness or Gospel-Hump Wilderness

Pub. L. 96–312, § 9(b), July 23, 1980, 94 Stat. 953, as amended Pub. L. 98–231, § 1, Mar. 14, 1984, 98 Stat. 60, provided: “That segment of the main Salmon River designated as a component of the Wild and Scenic Rivers System by this Act [see 16 U.S.C. 1274(a)(24)], which lies within the Frank Church—River of No Return Wilderness or the Gospel-Hump Wilderness designated by Public Law 95–237 [Pub. L. 95–237, § 4, Feb. 24, 1978, 92 Stat. 43], shall be managed under the provisions of the Wild and Scenic Rivers Act, as amended [16 U.S.C. 1271 et seq], and the regulations promulgated pursuant thereto, notwithstanding section 10(b) of the Wild and Scenic Rivers Act [16 U.S.C. 1281(b)] or any provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] to the contrary.”

Executive DocumentsTransfer of Functions

For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1278 of this title.

Notes of Decisions

Cited in 43 cases (1 in the last 5 years), 1979–2025 · leading case: Sierra Club v. Babbitt, 69 F. Supp. 2d 1202 (E.D. Cal. 1999).

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Sierra Club v. Babbitt, 69 F. Supp. 2d 1202 (E.D. Cal. 1999). · cites it 8× “16 U.S.C. § 1281 (c). “The WRSA imposes both procedural and substantive requirements on the agencies responsible for administering a designated area.”

Friends of Yosemite Valley v. Kempthorne, 520 F.3d 1024 (9th Cir. 2008). · cites it 2× “VERP The district court correctly found that VERP does not properly address user capacities because, by not requiring a response to environmental degradation until *1034 after it already occurs, it is reactive and thereby violates 16 U.S.C. § 1281 (a) and the Secretarial…”

Fitzgerald v. Harris, 549 F.3d 46 (1st Cir. 2008). · cites it 2× “16 U.S.C. § 1281 (a) (“Each component of the national wild and scenic rivers system shall be administered in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith, limiting other uses that do…”

Am. Whitewater v. Thomas Tidwell, 770 F.3d 1108 (4th Cir. 2014). · cites it 2× “” 16 U.S.C. § 1281 (a). American Whitewater argues, first, that “floating” is a value that led Congress to designate the Chattooga, and that under the “protect and enhance” standard, the Forest Service has no choice but to lift all restrictions on floating.”

Friends of Yosemite Valley v. Norton, 348 F.3d 789 (9th Cir. 2003). · cites it 3× “§ 1274 (d)(1); (2) the boundaries selected by the NPS for the portion of the river flowing through El Portal disregard the WSRA’s mandate that the river area must be “administered in such manner as to protect and enhance the values which caused it to be included in [the wild and…”

United States Forest Serv. v. Cowpasture River Pres. Assn., 140 S. Ct. 1837 (2020). “916 , codified at 16 U.S.C. § 1281 (c) (emphasis added). That statute also explicitly permits the head of an agency "to transfer to the appropriate secretary jurisdiction over such lands .”

Wilderness Watch v. United States Forest Serv., 143 F. Supp. 2d 1186 (D. Mont. 2000). · cites it 5× “See 16 U.S.C. § 1281 (a); see also Hells Canyon Alliance v.”

United States v. Hells Canyon Guide Serv., Inc., an Oregon Corp., & Forest O. Garrigus, Jr., Individually, 660 F.2d 735 (9th Cir. 1981). · cites it 3× “§ 551 , as assimilated by the Wild and Scenic Rivers Act, 16 U.S.C. § 1281 (d), as the authority for its promulgation.”

Nat'l Park & Conservation Ass'n v. Stanton, 54 F. Supp. 2d 7 (D.D.C. 1999). · cites it 2× “The duties of the Secretary of the Interior are further explained in 16 U.S.C. § 1281 (c) (1999) (emphasis added): The Secretary of the Interior, in his administration of any component of the national wild and scenic rivers system, may utilize such general statutory authorities…”

Nat'l Parks Conservation Ass'n v. Salazar, 965 F. Supp. 2d 67 (D.D.C. 2013). · cites it 2× “” 16 U.S.C. § 1281 (a). Additionally, the WSRA provides that 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…”

Oregon Nat. Desert Ass'n v. Green, 953 F. Supp. 1133 (D. Or. 1997). · cites it 2× “16 U.S.C. § 1281 . In 1988, the Donner und Blitzen was designated by Congress as a component of the System.”

Am. Whitewater v. Tidwell, 959 F. Supp. 2d 839 (D.S.C. 2013). · cites it 6× “See 16 U.S.C. § 1281 (d). On March 22, 1976, the Forest Service published its Chattooga Wild and Scenic Development Plan 6 in the Federal Register (“1976 Plan”), in an effort to manage the resources available at and around the Chattooga.”

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