JM 5-7.120 – Categories of Litigation

The Natural Resources Section supervises and conducts litigation arising under several different classes of statutes, described below, and also under treaties and agreements with Indians, Executive Orders, common law, and the laws of various states. The listing is not exhaustive, but illustrative, and contains the primary statutes under which litigation arises.

A. National Environmental Policy Act and similar review and consultation statutes. Regardless of the agency involved: 1) the National Environmental Policy Act of 1969, 42 U.S.C. § 4321; 2) the National Historic Preservation Act of 1966, as amended, 16 U.S.C. § 470 (for all such cases, see JM 5-7.300); and 3) Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661-666c, except § 666a (see JM 5-10.120).
B. Civil construction and operation of projects and facilities. Chief among these statutes are: 1) the Federal-Aid Highway Act, 23 U.S.C. § 101, 2) Statutes relating to flood control projects, 33 U.S.C. § 701, and other civil works authorities of the U.S. Army Corps of Engineers, some of which are codified at 33 U.S.C. § 540.
C. Federal Land and Resource Management. The statutes under which the Bureau of Land Management, the Forest Service, the Fish and Wildlife Service and the National Park Service administer lands and resources under their jurisdiction, excepting those matters related to wildlife management delegated to the Wildlife and Marine Resources Section (see JM 5-10.100). Chief among these statutes are: 1) (Bureau of Land Management) Federal Land Policy and Management Act, 43 U.S.C. § 1701, Taylor Grazing Act, 43 U.S.C. § 315; 2) (Forest Service) "Organic Act of 1897", 16 U.S.C. § 471, National Forest Management Act, 16 U.S.C. § 1601; Multiple Use Sustained Yield Act 16 U.S.C. § 528; 3) (Fish and Wildlife Service) National Wildlife Refuge System Administration Act, as amended, 16 U.S.C. §§ 668dd, 668ee; 4) (National Park Service) National Park Service Act, 16 U.S.C. §§ 1-4, and the authorizing statutes for individual units of the National Park System, 16 U.S.C. §§ 21-460mm, and the Historic Sites, Buildings and Antiquities Act of 1935, 16 U.S.C. §§ 461-467.
D. Mineral exploration and development.Statutes governing mineral activity on federal lands and the outer continental shelf: 1) General Mining Law of 1872, as amended, 30 U.S.C. § 22; 2) Mineral Leasing Act, 30 U.S.C. § 181; 3) Mineral Leasing Act for Acquired Lands, 30 U.S.C. § 351; 4) Outer Continental Shelf Lands Act, 43 U.S.C. § 1331; 5) Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. § 1701.
E. Indian cases. 1) Suits by Indian tribes, individuals or allottees against the United States under treaties and agreements with Indians, and in the administration of statutes governing Indian lands, Indian resources, Indian assistance programs, Indian gaming, and actions with respect to tribal self-government, and 2) Alaska Native Claims Settlement Act, 43 U.S.C. §1601.
F. Water Rights and Projects. 1) Reclamation Act of 1902, as amended, 43 U.S.C. § 431 et seq., and other project authorizations of the Bureau of Reclamation; and 2) McCarran Act of 1952, 43 U.S.C. § 666, involving adjudication of federal water rights in state courts, except for Indian water rights (see JM 5-5.100).
G. Boundaries, Quiet Title and Navigation. 1) Quiet Title Act, as amended, 28 U.S.C. § 2409a, including suits by states regarding navigability under the Equal Footing doctrine, 2) Sections 9 and 11 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 401, 404, and 3) Submerged Lands Act of 1953, 43 U.S.C. § 1301.
H. Other statutes of general applicability.1) Tucker Act, 28 U.S.C. §§ 1346(a)(2), 1491 (for all matters within the responsibility of the Environment and Natural Resources Division (JM 5-1.100)), 2) Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201, 3) Coastal Zone Management Act, 16 U.S.C. § 1415, 4) Alaska National Interest Lands Conservation Act of 1980, Pub.L. No. 96-487, and 5) Wilderness Act of 1964, 16 U.S.C. § 1131.

[cited in JM 5-7.300; JM 5-10.100; JM 5-10.120]

[updated May 2018]

A. National Environmental Policy Act and similar review and consultation statutes. Regardless of the agency involved: 1) the National Environmental Policy Act of 1969, 42 U.S.C. § 4321; 2) the National Historic Preservation Act of 1966, as amended, 16 U.S.C. § 470 (for all such cases, see JM 5-7.300); and 3) Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661-666c, except § 666a (see JM 5-10.120).
B. Civil construction and operation of projects and facilities. Chief among these statutes are: 1) the Federal-Aid Highway Act, 23 U.S.C. § 101, 2) Statutes relating to flood control projects, 33 U.S.C. § 701, and other civil works authorities of the U.S. Army Corps of Engineers, some of which are codified at 33 U.S.C. § 540.
C. Federal Land and Resource Management. The statutes under which the Bureau of Land Management, the Forest Service, the Fish and Wildlife Service and the National Park Service administer lands and resources under their jurisdiction, excepting those matters related to wildlife management delegated to the Wildlife and Marine Resources Section (see JM 5-10.100). Chief among these statutes are: 1) (Bureau of Land Management) Federal Land Policy and Management Act, 43 U.S.C. § 1701, Taylor Grazing Act, 43 U.S.C. § 315; 2) (Forest Service) "Organic Act of 1897", 16 U.S.C. § 471, National Forest Management Act, 16 U.S.C. § 1601; Multiple Use Sustained Yield Act 16 U.S.C. § 528; 3) (Fish and Wildlife Service) National Wildlife Refuge System Administration Act, as amended, 16 U.S.C. §§ 668dd, 668ee; 4) (National Park Service) National Park Service Act, 16 U.S.C. §§ 1-4, and the authorizing statutes for individual units of the National Park System, 16 U.S.C. §§ 21-460mm, and the Historic Sites, Buildings and Antiquities Act of 1935, 16 U.S.C. §§ 461-467.
D. Mineral exploration and development.Statutes governing mineral activity on federal lands and the outer continental shelf: 1) General Mining Law of 1872, as amended, 30 U.S.C. § 22; 2) Mineral Leasing Act, 30 U.S.C. § 181; 3) Mineral Leasing Act for Acquired Lands, 30 U.S.C. § 351; 4) Outer Continental Shelf Lands Act, 43 U.S.C. § 1331; 5) Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. § 1701.
E. Indian cases. 1) Suits by Indian tribes, individuals or allottees against the United States under treaties and agreements with Indians, and in the administration of statutes governing Indian lands, Indian resources, Indian assistance programs, Indian gaming, and actions with respect to tribal self-government, and 2) Alaska Native Claims Settlement Act, 43 U.S.C. §1601.
F. Water Rights and Projects. 1) Reclamation Act of 1902, as amended, 43 U.S.C. § 431 et seq., and other project authorizations of the Bureau of Reclamation; and 2) McCarran Act of 1952, 43 U.S.C. § 666, involving adjudication of federal water rights in state courts, except for Indian water rights (see JM 5-5.100).
G. Boundaries, Quiet Title and Navigation. 1) Quiet Title Act, as amended, 28 U.S.C. § 2409a, including suits by states regarding navigability under the Equal Footing doctrine, 2) Sections 9 and 11 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 401, 404, and 3) Submerged Lands Act of 1953, 43 U.S.C. § 1301.
H. Other statutes of general applicability.1) Tucker Act, 28 U.S.C. §§ 1346(a)(2), 1491 (for all matters within the responsibility of the Environment and Natural Resources Division (JM 5-1.100)), 2) Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201, 3) Coastal Zone Management Act, 16 U.S.C. § 1415, 4) Alaska National Interest Lands Conservation Act of 1980, Pub.L. No. 96-487, and 5) Wilderness Act of 1964, 16 U.S.C. § 1131.

[cited in JM 5-7.300; JM 5-10.100; JM 5-10.120]

[updated May 2018]

§ 5-7.120

Categories of Litigation

§ 5-7.120

Categories of Litigation