U.S. Code » Title 16 » Chapter CHAPTER 28— WILD AND SCENIC RIVERS

16 U.S.C. § 1283

Management policies

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(a) Action of Secretaries and heads of agencies; cooperative agreements

The Secretary of the Interior, the Secretary of Agriculture, and the head of any other Federal department or agency having jurisdiction over any lands which include, border upon, or are adjacent to, any river included within the National Wild and Scenic Rivers System or under consideration for such inclusion, in accordance with section 1273(a)(ii), 1274(a), or 1276(a) of this title, shall take such action respecting management policies, regulations, contracts, plans, affecting such lands, following November 10, 1978, as may be necessary to protect such rivers in accordance with the purposes of this chapter. Such Secretary or other department or agency head shall, where appropriate, enter into written cooperative agreements with the appropriate State or local official for the planning, administration, and management of Federal lands which are within the boundaries of any rivers for which approval has been granted under section 1273(a)(ii) of this title. Particular attention shall be given to scheduled timber harvesting, road construction, and similar activities which might be contrary to the purposes of this chapter.

(b) Existing rights, privileges, and contracts affecting Federal lands

Nothing in this section shall be construed to abrogate any existing rights, privileges, or contracts affecting Federal lands held by any private party without the consent of said party.

(c) Water pollution

The head of any agency administering a component of the national wild and scenic rivers system shall cooperate with the Administrator, Environmental Protection Agency and with the appropriate State water pollution control agencies for the purpose of eliminating or diminishing the pollution of waters of the river.

(Pub. L. 90–542, § 12, Oct. 2, 1968, 82 Stat. 917; Pub. L. 95–625, title VII, § 762, Nov. 10, 1978, 92 Stat. 3533; Pub. L. 99–590, title V, § 509, Oct. 30, 1986, 100 Stat. 3337.)Editorial NotesAmendments

1986—Subsec. (c). Pub. L. 99–590 substituted “Administrator, Environmental Protection Agency” for “Secretary of the Interior”.

1978—Subsec. (a). Pub. L. 95–625 substituted provision for action to be taken by Secretaries and heads of agencies for prior provision for review by such officials, made provision applicable to rivers included within the System, included references to rivers covered in sections 1273(a)(ii) and 1274(a) of this title, and required cooperative agreements with appropriate State or local officials for planning, administration, and management of Federal lands within boundaries of rivers approved under section 1273(a)(ii) of this title.

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 15 cases, 1984–2020 · leading case: Friends of Yosemite Valley v. Norton, 348 F.3d 789 (9th Cir. 2003).
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Friends of Yosemite Valley v. Norton, 348 F.3d 789 (9th Cir. 2003). · cites it 4× “; and (4) the NPS has failed to cooperate with federal and state agencies to eliminate or reduce pollution of the Merced River, in violation of the WSRA, 16 U.S.C. § 1283 (c). II. JURISDICTION AND STANDARD OF REVIEW We have jurisdiction over this appeal under 28 U.”
Newton Cnty. Wildlife Ass'n v. George Rogers Arkansas Forestry Ass'n, Intervenors-Appellees, 141 F.3d 803 (8th Cir. 1998). · cites it 2× “” 16 U.S.C. § 1283 (a). In our prior opinion, we noted that “the Forest Service may well have WSRA compliance obligations in approving timber sales (an issue not before us).”
Wilderness Soc'y v. Tyrrel, 701 F. Supp. 1473 (E.D. Cal. 1988). · cites it 7× “” 16 U.S.C. § 1283 (a) (emphasis added). The plain meaning of the word “shall” requires the governing federal agency to implement such a management agenda before making commitments of government resources that raise a significant likelihood of threatening the values upon which…”
Wilderness Watch v. United States Forest Serv., 143 F. Supp. 2d 1186 (D. Mont. 2000). · cites it 2× “In 1977, the USFS adopted a Salmon River Management Plan (“Management Plan”) pursuant to § 12 of the WSRA, 16 U.S.C. § 1283 , to provide for interim protection for the Salmon River prior to its designation as a wild and scenic river.”
Friends of Yosemite Valley v. Norton, 194 F. Supp. 2d 1066 (E.D. Cal. 2002). · cites it 2× “” 16 U.S.C. § 1283 (a). Plaintiffs claim that the classification system set forth in WSRA show that development and infrastructure along rivers is not favored.”
Wilderness Soc'y v. Tyrrel, 918 F.2d 813 (9th Cir. 1990). · cites it 8× “There is limited provision for purchase and exchange of land around the designated river as well as mention of using state and local zoning laws. Restrictions are also placed on federal agencies engaged in projects around designated rivers, requiring respect be paid to the…”
Oregon Nat. Desert Ass'n v. United States Forest Serv., 312 F. Supp. 2d 1337 (D. Or. 2004). “” 16 U.S.C. § 1283 (a). Second, plaintiffs allege that the Forest Service has a mandatory duty to protect and enhance the outstandingly remarkable values for which the Malheur and North Fork Malheur wild and scenic rivers were *MCCCLXXXVII designated.”
Thomas v. Peterson, 589 F. Supp. 1139 (D. Idaho 1984). · cites it 2× “” 16 U.S.C. § 1283 (a). Agencies are to pay particular attention to “scheduled timber harvesting, road construction and similar activities which might be contrary to purposes” of the Act.”
Ouachita Watch League v. Henry, 59 F. Supp. 3d 922 (E.D. Ark. 2014). “” 16 U.S.C. § 1283 (a). The Eighth Circuit has stated that “§ 1283(a) does not require agencies managing adjacent federal land to prepare or join in a WSRA plan.”
Ctr. for Biological Diversity v. Veneman, 394 F.3d 1108 (9th Cir. 2003). “16 U.S.C. § 1283 (a). The Center may be able to allege a failure to take specific, discrete agency actions “respecting management policies, regulations, contracts, [or] plans” that are “necessary to protect” specific rivers pursuant to § 1283(a).”
Idaho Rivers United v. United States Forest Serv., 857 F. Supp. 2d 1020 (D. Idaho 2012). · cites it 7× “The first, found at 16 U.S.C. § 1283 (a), states that the Forest Service “shall take such action respecting management policies, regulations, contracts, plans, affecting such lands .”
Idaho Rivers United v. Hudson, 173 F. Supp. 3d 1027 (D. Idaho 2016). “” 16 U.S.C. § 1283 (a). This language required, the District Ranger to consider the effects of the State’s intensive use of the road on the wild and scenic values set forth in the Act.”
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