Questions & Answers

The Act provides a national policy and program to preserve and protect selected rivers, or segments of rivers, in their free-flowing condition in the National Wild & Scenic Rivers System.  Section 1(b) of the Act states:

It is hereby declared to be the policy of the United States that certain selected rivers of the Nation which, with their immediate environments possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition, and that they and...

Camping is often important to the enjoyment of wild and scenic rivers. As appropriate, and when private interests do not provide sufficient facilities, the federal managing agency attempts to provide them on federal lands. As a condition of use, consistent with river classification and the management objectives for the river area, the managing agency may specify that camping will be permitted only in designated locations. Enforcement of camping restrictions and limitations can be through indirect means (brochures, maps, signs, etc.) and/or direct means (permits, enforcement personnel, etc...

Yes. Under Section 5(a) of the Wild & Scenic Rivers Act, the public is involved in the study of rivers authorized by Congress. The report associated with a congressionally authorized study addresses subjects such as current status of land ownership and use in the area; reasonably foreseeable potential uses of land and water which would be affected by designation; the federal agency to administer the river if designated; and the ability of, and estimated costs to, state and local agencies to participate in the administration of such rivers. The public and state, local and tribal...

Once such a river has been found eligible, the federal study agency should, to the extent it is authorized under various laws and subject to valid existing rights, ensure the river and the surrounding area are protected as a potential wild and scenic river pending a suitability determination.

The government typically provides technical assistance to find ways to alleviate or mitigate the actual or potential threat(s). Purchasing a partial right (easement) or the property in fee title is usually the last resort. If an easement is purchased, the owner would sell certain development rights and receive a payment, yet retain title to the land.

Once determined eligible, river segments are tentatively classified for study as either wild, scenic, or recreational based on the level of development of the shoreline, watercourse and access at the time of river is found eligible. If designated by Congress, the river’s enabling legislation generally specifies the classification.

No. Under the Wild & Scenic Rivers Act, the federal government has no authority to regulate or zone private lands. Land use controls on private lands are solely a matter of state and local zoning. Although the Wild & Scenic Rivers Act includes provisions encouraging the protection of river values through state and local governmental land use planning, there are no binding provisions on local governments. In the absence of state or local river protection provisions, the federal government may seek to protect values by providing technical assistance, entering into agreements with...

A river identified for study under Section 5(d)(1) is protected by each agency’s policy; i.e., the Wild & Scenic Rivers Act provides no statutory protections. To the extent of each agency’s authority, the river’s free-flowing condition, water quality, outstandingly remarkable values, and classification are protected. Prior to a suitability study, the inventoried classification is protected. If, as the result of a suitability study, a less restrictive classification is recommended for a river or portion thereof, the agency is obligated to protect this recommended classification.

The need to amend a segment division should be identified as a management concern/public issue during the planning process and considered in establishment of the initial boundary. The proposed amendment associated with establishment of initial boundaries must be undertaken with full public input and disclosure and is often completed during development of the comprehensive river management plan (CRMP) as a basis to make a recommendation to Congress to amend the Wild & Scenic Rivers Act.

The river-administering agency can only recommend such a change to Congress. A subsequent...

Section 13(g) of the Wild & Scenic Rivers Act allows the granting of easements and rights-of-way within the boundaries of designated components in accordance with applicable laws, provided that the conditions attached to the grant are consistent with the purposes of the Wild & Scenic Rivers Act.

Any portion of a right-of-way project that includes federally assisted construction that may affect the river’s free-flowing condition—and is not automatically prohibited by the Wild & Scenic Rivers Act—is subject to an evaluation by the river-administering agency under Section...

Yes. Section 6(b) of the Wild & Scenic Rivers Act specifically prohibits the use of condemnation for fee title purchase of private lands if 50 percent or more of the acreage within the boundaries on both sides of the designated river is in public ownership (i.e., owned by the federal, state, or local government). In addition, Section 6(a)(1) of the Wild & Scenic Rivers Act prohibits acquiring more than 100 acres per river mile within the corridor, which equates to a stip of land about 400-feet wide along both sides of the river. Fee title condemnation is allowed to clear title or...

Eligibility findings are made as a part of a congressionally authorized study under Section 5(a), or pursuant to agency inventory and planning under Section 5(d)(1).  For Section 2(a)(ii) rivers, the National Park Service will make an eligibility determination under authority delegated by the Secretary of the Interior following application by the governor(s) for federal designation.

Amending the lateral boundary of a designated river requires analysis and decision under the National Environmental Policy Act (NEPA). The environmental analysis process need not be complicated and may only require the proposed action and a no-action alternative. Amendment of a wild and scenic river boundary may also be timed with revision of the comprehensive river management plan and related decision under the NEPA. In either case, notice of the amended boundary should be published in the Federal Register and the legal description and maps forwarded to Congress and made...

Generally, no. Restrictions on public boating access and the implementation of entry permit systems (rationing and/or allocation) are not usually related to designation. Limitations on boating usually relate to the amount of use and/or types of user. Those rivers with use levels or types of use beyond acceptable limits (i.e., resulting in impacts to the values) may necessitate restricted access regardless of designation.

Section 16(b) of the Act defines free-flowing as “existing or flowing in a natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works and other minor structures at the time any river is proposed for inclusion in the national wild and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures in components of the national wild and...

Yes. Motorized access allowed prior to designation will, generally, be allowed post designation, subject to congressional intent and river management objectives. However, if motorized use adversely impacts a river’s water quality or outstandingly remarkable values, or if the use is not consistent with the river’s classification the route may be closed or regulated.

The continued legality of motorized use on land or water is best determined through the river management planning process, which considers factors such as impacts on river values, user demand for such motorized...

Landowners can charge a fee for crossing private lands to fish, except where a public access easement exists. The designation of a wild and scenic river does not change landowner rights unless all, or a portion of those use rights, are acquired from the landowner.

These facilities will be provided if they are consistent with the management plan for each river and if funds are available.

Most rivers have flexible boundaries to accommodate specific features and river values. (Refer to Establishment of Wild and Scenic River Boundaries (1998).)

No. The protection afforded by Section 7(b) of the Wild & Scenic Rivers Act does not apply to Section 5(d)(1) study rivers. However, the managing agency should, within its authorities, protect the values which make the river eligible or suitable (free-flowing condition, water quality and outstandingly remarkable values).

Review of hydroelectric and federally water resources projects under Section 7 of the Wild & Scenic Rivers Act is complex. Please refer to Wild & Scenic Rivers Act: Section 7 (2004), a technical report of the Interagency Wild and Scenic Rivers...

There are two ways rivers are designated in the National Wild & Scenic Rivers System:

• By Act of Congress
  This requires legislation to amend Section 3(a) of the Act.  Rivers designated by Congress are listed in Section 3(a) of the Act.
• By the Secretary of the Interior
  This requires...

Any federally assisted construction project—by loan, grant, permit, license, or otherwise—which would affect the free-flowing condition of a wild and scenic river. This includes any hydroelectric project licensed by the Federal Energy Regulatory Commission (FERC)  under Part 1 of the Federal Power Act (36 CFR 297).

Review of hydroelectric and federally water resources projects under Section 7 of the Wild & Scenic Rivers Act is complex. Please refer to Wild & Scenic Rivers Act: Section 7 (2004), a technical...

Yes it may. Once water rights are adjudicated, the federal reserved water right may affect future water development projects, depending upon the impacts of the new proposal on the river’s flow-dependent values. Adjudications have been completed or are in process on 15 designated wild and scenic rivers. To date, existing flows have been sufficient to protect current and future demands and to meet the purposes for which the river was designated. River-administering agencies can work with local and state agencies to negotiate solutions that accommodate future water needs and that protect wild...

Circumstances where agencies should always seek information and advice from each other are:

1. In agency inventory and planning processes, and environmental analysis processes for aquatic ecosystems and regional watersheds; and,
2. When proposed actions have the potential of affecting other agency-administered portions of the river.

The Wild & Scenic Rivers Act requires that detailed boundaries portrayed on maps be established and submitted to Congress within one year of designation. Agencies may finalize boundaries through their respective land management planning process.

Pending the establishment of detailed river boundaries, the Wild & Scenic Rivers Act specifies that the interim boundary is one-quarter mile on each side of the river as measured from the ordinary high water mark.

Section 3(b) of the Wild & Scenic Rivers Act states:

The agency charged with the...

The federal government has rarely exercised its eminent domain powers with respect to wild and scenic rivers. Of the 226 rivers in the National Wild & Scenic Rivers System as of June 2022, condemnation for fee title has been used on only four rivers. Nearly all of the federal government’s use of condemnation occurred in the early years of the Wild & Scenic Rivers Act’s implementation when the attitudinal climate was one of federal acquisition. Similarly, the use of scenic easement condemnation has also been used very rarely, and then only on seven rivers, all designated prior to...

Yes.  For purposes of eligibility evaluation, the volume of flow is sufficient if it is enough to sustain or complement the outstandingly remarkable values identified within the segment.  Rivers with intermittent or non-perennial flows exist within the National Wild & Scenic Rivers System and may be representative of rivers within particular physiographic regions.

When Congress proposes a bill to designate an eligible river for which a suitability study has not been completed, the potential river-administering agency should endeavor to:

1. Describe the resource and social factors typically evaluated in a study;
2. Identify potential issues; and
3. Assess its ability to manage the recommended component as a wild and scenic river.

This information provides the basis for the Administration’s decision to support or oppose the proposed designation.

The priority date is the date the river was added to the National Wild & Scenic Rivers System.

Water law is a complex legal area, and water rights are a highly contentious issue. Whenever a water allocation issue arises, a river manager should consult with staff with water rights expertise and, as necessary, seek legal counsel.

Federal lands within the boundaries of designated river areas (one-quarter mile—one-half mile for rivers in Alaska located outside national parks—from the bank on each side of the river) classified as wild are withdrawn from appropriation under the mining and mineral leasing laws by Sections 9(a) and 15(2) of the Wild & Scenic Rivers Act. Federal lands within the boundaries of designated river areas classified as scenic or recreational are not withdrawn under the Wild & Scenic Rivers Act from the mining and mineral leasing laws....

No, not unless necessary to protect public safety, the river’s water quality, or other resource values. Recreational use of our nation’s rivers is increasing in both magnitude and extent, i.e., the types of recreational activities pursued and the technologies being used. Whether and how to restrict recreational use is a key issue in the planning process, which includes extensive local, regional, and national public involvement.

The Interagency Guidelines may be revised. The Interagency Wild & Scenic Rivers Council periodically evaluates tasks to be undertaken.

Generally, no. Any provisions for public use of private lands must be specifically included in the terms of the easement. Depending upon the terms and conditions of each easement, public access rights may or may not be involved. For example, a scenic easement may only involve the protection of narrowly defined visual qualities with no provisions for public use. A trail or road easement by necessity may involve public use provisions.

Section 16(c) of the Wild & Scenic Rivers Act defines a scenic easement as follows:

“Scenic easement” means the right to control the use of land (including the air space above such land) within the authorized boundaries of a component of the wild and scenic river system, for the purpose of protecting the natural qualities of a designated wild, scenic, or recreational river area, but such control shall not affect, without the owner’s consent, any regular use exercised prior to the acquisition of the easement.

While the Wild & Scenic Rivers...

No.

(*For some rivers, Congress has directed the river-administering agency in Section 3(b) to determine which classes “best fit the river or its various segments.”  These administratively segmented rivers should reflect on-the-ground circumstances and, therefore, are unlikely to require subsequent amendment.)

Yes. In a very few cases, the legislation designating a river erroneously describes a segment division and needs to be amended to fit on-the-ground circumstances. For example, the designating language for the Upper Rogue Wild & Scenic River...

Local government entities are encouraged by federal wild and scenic river-administering agencies to provide for the protection of wild and scenic river values in their land use plans, including the use of zoning and other land use measures. Their participation in development of the comprehensive river management plan (CRMP) in areas of mixed ownership is essential to ensure an enduring planning strategy that protects river values and respects the rights of landowners. In some cases, local governments have chosen to strengthen land-use requirements during a wild and scenic river study, in...

Once such a river has been found eligible, the federal study agency should, to the extent it is authorized under the Wild & Scenic Rivers Act and subject to valid existing rights, ensure the river and the surrounding area are protected as a potential wild and scenic river pending a suitability determination.

Under Section 5(a), Congress directs that a study be conducted on identified river segments (usually within three years).  The designated federal agency conducts a study and subsequently reports its findings through the appropriate Secretary.  As a general rule, where joint agency jurisdictions are involved, the cooperating agencies coordinate their efforts prior to making recommendations or submitting reports.

Under Section 5(d)(1), federal agencies are directed to identify and evaluate potential additions to the National Wild & Scenic Rivers System through agency...

For rivers designated under Section 3(a) of the Wild & Scenic Rivers Act, a state’s responsibilities include:

• Regulating and enforcing fishing and hunting regulations.


• Adjudicating water rights and appropriation.


• Developing and administering water quality standards.


• Administering state land use regulations on non-federal lands.
• Managing state lands and facilities along the river (e.g., state highways, parks, forests).

Under the Wild & Scenic Rivers Act, designation neither gives nor implies government control of private lands within the river corridor. Although many rivers include private lands within the boundaries of the designated river area, management restrictions would apply only to federal lands. The federal government has no power to regulate or zone private lands under the Wild & Scenic Rivers Act; however, administering agencies may highlight the need for amendment to local zoning (where state and local zoning occurs). People living within a river corridor may use their property as...

Existing powerline or communication transmission rights-of-way may continue to be used and maintained. New proposals would be evaluated for impacts to river values based on state and local zoning.

Yes, a CRMP is developed in compliance with the NEPA. The purpose and need for the proposed action is to protect and enhance the values for which the river was designated (free-flowing condition, water quality, and outstandingly remarkable values), within its classification(s). The proposed action establishes appropriate goals, objectives, and/or desired conditions to meet those purposes. Alternative courses of actions are developed and analyzed relative to achieving overall goals and desired conditions within the wild and scenic river corridor. A “no action” alternative, representing the...

Yes.  There are three classifications (wild, scenic and recreational) that may be applied to a particular river segment. Distinct segments along the designated reach may contain differing and non-overlapping classifications (wild, scenic, or recreational), e.g., a 100-mile wild and scenic river may be classified as wild for 50 miles, scenic for 30 miles, and recreational for 20 miles.

No. Non-indigenous species need not be removed unless they are degrading other important resource values. Practical considerations, such as the effort or expense of eradicating a non-indigenous species and its importance (e.g., game species), should also be considered. This issue is generally addressed in the management plan.

Yes, but with many restrictions. It is important to note that condemnation is a tool that has been used only rarely on wild and scenic rivers. The objective of wild and scenic river designation is to protect and, as possible, enhance the values which caused the river to be designated. Should some proposed or actual use clearly threaten the values the river was designated to protect, the river managing agency would work with a landowner to explore ways to avert the threat through local zoning, state provisions, land exchanges, or purchases on a willing-seller/willing-buyer basis....

River access is evaluated in the land use planning process.  Specific access needs for public enjoyment, as well as any limitations, are determined in the river management plan.  In keeping with the requirements of the Wild & Scenic Rivers Act, “wild” rivers are generally inaccessible, except by trail (no roads); “scenic” rivers are accessible by road, which generally don’t parallel the river; and “recreational” rivers may have parallel or crossing road and railroad access.

Regardless of the study agency’s eligibility and suitability findings, a Section 5(a) study river is protected by the conditions and restrictions specified in Sections 7(b), 8(b), 9(b), and 12(a) of the Wild & Scenic Rivers Act during the period of the study, plus up to three years after the required report is submitted to Congress. In other words, these protections are independent of the recommendation of the study, allowing for Congressional consideration.

Yes, if they are consistent with management objectives for the river and do not degrade water quality or the outstandingly remarkable values for which the river was designated.

Yes. River-administering agencies have an affirmative duty to evaluate pre-existing uses on federal lands to determine whether such uses are protecting the values for which the wild and scenic river was designated. Grazing may continue when consistent with protecting river values. If grazing practices are determined to be inconsistent with wild and scenic river management objectives, then changes in grazing practices may be required.