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...

A variety of methodologies are used to determine instream flows necessary to protect flow-dependent outstandingly remarkable values for a specific wild and scenic river. Methodologies can range from staff/expert opinions (e.g., flows necessary for boating) to complicated hydraulic models (e.g., Instream Flow Incremental Methodology and Physical Habitat Simulation Models) used to simulate fish habitat requirements.

Water law is a complex legal area, and water rights are a highly contentious issue. Whenever a water allocation issue arises, a river manager...

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...

Boundaries are measured from the ordinary high water mark of the outermost stream channel. That is, boundaries will be measured from the outermost braid unless otherwise specified by Congress. This is typically considered during the suitability determination and in the development of the final river corridor boundary.

Many individuals and communities support designation to help focus management efforts on protecting and enhancing river values. The intent of the Wild & Scenic Rivers Act is to build partnerships among landowners, river users, tribal nations and all levels of governments in developing goals for river protection. Designation provides strong protection against construction of new dams and projects that alter the free-flowing condition, water quality, and outstandingly remarkable values for which the river was designated.

Timber management activities on non-federal lands within wild and scenic river corridors are guided by state and local authorities. Under the Wild & Scenic Rivers Act, the only way the federal government can restrict private timber management is through purchase of timber rights (in easement or fee title). The river manager may provide technical assistance and/or work with state/local governments to protect river values.

The communities of interest are key players in the development of a CRMP. They help with data collection and establishing baseline conditions, identifying issues and opportunities to be addressed in the planning process and, increasingly, in monitoring and implementation of aspects of the CRMP. Sections 10(e) and 11(b)(1) of the Wild & Scenic Rivers Act anticipate the participation of federal, state or local governments, landowners, private organizations and/or individuals in planning, protecting and administering wild and scenic rivers.

Yes. In some river study authorizations Congress has required the study agency to work with state and local governments and the public to develop a CRMP in concert with the study process to assist in determination of the river’s suitability. Such pre-designation CRMPs have, in some cases, been adopted in the legislation adding the river to the National Wild & Scenic Rivers System. In cases where Congress has not authorized a pre-designation CRMP, agencies have taken the initiative to develop elements of the CRMP in the study report (pre-designation).

No. Federal agencies do not have the authority to reimburse landowners for damage to their lands as a result of public use. However, wild and scenic river designation is unlikely to increase or invite vandalism. Granting access remains the owner’s responsibility and vandalism is handled by local law enforcement authorities. Federal river-administering agencies do, however, work closely with landowners to minimize problems through brochures and maps, signs, etc., and many landowners feel they are better off with the agency taking some responsibility.

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...

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....

Rivers designated under Section 3(a) of the Wild & Scenic Rivers Act, and most designated under Section 2(a)(ii), are classified in one of three categories depending on the extent of development and accessibility along each section. Designated river segments are classified and administered under one of the following, as defined in Section 2(b) of the Wild & Scenic Rivers Act:

...

Agency land use or resource management plan records should include documentation of the eligibility criteria, inventory process, evaluation, and outcome. Agency field offices retain the administrative record and documents related to an assessment of the free-flowing condition and identification of outstandingly remarkable values.

Projects with the following attributes are generally considered most harmonious with river ecosystems:

• Those made of native materials, e.g., wood, rock, vegetation, and so forth that are similar in type, composition or species to those in the vicinity of the project.
• Those using construction materials that are natural in appearance, e.g., logs with bark intact as opposed to being peeled and whole naturally weathered rocks as opposed to split or fractured (i.e., riprap).
• Those with materials placed in locations, positions, and quantities mimicking natural...

Some examples of other similar outstandingly remarkable values include botanical, hydrological, paleontological, scientific, or heritage values.

Yes. The “equal footing” principle of the Constitution and the Submerged Lands Act of 1953 afford each state the ownership of lands and natural resources under navigable rivers. These submerged lands generally extend from bank-to-bank or to the mean or ordinary high water mark.

Once such a river segment has been found to be ineligible, the agency will manage the river and its corridor based on the underlying management direction in its programmatic plan and need no longer protect it as a potential wild and scenic river.

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...

On September 7, 1982, the Departments of Agriculture and the Interior outlined in the Federal Register (47 FR 39454) eligibility and classification criteria, the evaluation process and content, and reporting requirements for potential wild and scenic rivers and management guidelines for designated wild and scenic rivers. These guidelines were formulated to provide a uniform evaluation and consistent management approach in the identification, evaluation, reporting, and management of wild and scenic river segments. These replaced earlier guidelines developed in 1970.

Section 6(a)(1) of the Wild & Scenic Rivers Act states:

The Secretary of the Interior and the Secretary of Agriculture are each authorized to acquire lands and interests in land within the authorized boundaries of any component of the national wild and scenic rivers system designated in Section 3 of this act . . . but he shall not acquire fee title to an average of more than 100 acres per mile on both sides of the rivers.

The Wild & Scenic Rivers Act authorizes fee title acquisition to the equivalent of about a 400 foot wide strip of land...

Generally, existing agricultural and grazing practices, and related structures are not affected by designation. The Wild & Scenic Rivers Act does not give federal agencies authority to regulate private land. Consequently, the only effect of designation is to authorize the purchase of easements within the river corridor, and to enable federal agency staff to provide technical assistance to private landowners interested in reducing impacts on the river’s water quality and riparian integrity.

No. However, the federal land administering agency must protect wild and scenic river values on federal lands.

Agency officials are required to coordinate when their responsibilities relevant to wild and scenic rivers overlap.  Officials should determine the level of study to be conducted, who will lead the study, and, to the extent necessary and feasible, prepare a joint document for submission to Congress or congressional delegations.

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.

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...

Once such a river segment has been found to be ineligible, the agency will describe the basis for this finding in the study report and follow its internal procedures to transmit the report to the Congress in accordance with Section 7(b) of the Wild & Scenic Rivers Act.

Yes, per Sections 3(b) and 15(1) for rivers designated by Congress under Section 3(a), but not for rivers designated by the Secretary of the Interior under Section 2(a)(ii). For 2(a)(ii) rivers, states and/or local government set the boundaries, if any, for rivers in their systems; these rivers are not subject to Section 3(b) or the 320/640-acre limitation.

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...

No. The public’s right to float a particular river does not change with designation. Neither does designation give river users the right to use, occupy, or cross private property without permission.

The CRMP for rivers designated on or after January 1, 1986, is to be completed within three full-fiscal years after the date of designation or as otherwise specified, with a notice of completion and availability published in the Federal Register. For rivers designated before this date, Section 3(d)(2) requires review of the CRMP to determine if it conforms to Section 3(d)(1). This provision allowed ten years to update pre-1986 plans through the planning processes of river-administering agencies. Note: This 10-year period expired January 1, 1996.

Protective management of federal lands in the river area begins at the time the river segment(s) has been found eligible.  The free-flowing condition, identified outstandingly remarkable values, and classification are protected to the extent authorized under law and subject to valid existing rights.  Affording adequate protection requires sound resource management decisions based on National Environmental Policy Act (NEPA) analysis.  Protective management should be initiated by the administering agency as soon as eligibility is determined.  Specific management...

Should the purchase of land become necessary, condemnation is typically a last resort and only used when:

1. Land is clearly needed to protect resource values, or provide necessary access for public recreational use, and a purchase price cannot be agreed upon.


2. Clear title to a property is needed, in which case condemnation is merely a legal procedure that has nothing to do with government/landowner differences.

Land acquisition is one tool for protecting and enhancing river values. It may also be an important means of providing public access to a wild and scenic river. Notwithstanding Section 6 of the Wild & Scenic Rivers Act, however, Congress has pre-empted some or all of the Wild & Scenic Rivers Act’s federal land acquisition authorities in the enabling acts for certain wild and scenic rivers where the river study demonstrated that protective zoning or other conservation practices provided adequate safeguards for river values.

A range of projects are allowable to restore natural channel processes and habitat, including placement of limited rock and wood, native plantings to stabilize streambanks, and the removal or addition of fish barriers. Such projects are most likely to protect river values, including a river’s free-flowing condition, provided they: 

1. Mimic the effects of naturally occurring events such as trees falling in and across the river (including the formation of wood jams), boulders tumbling in or moving down the river course, exposure of bedrock outcrops, bank sloughing or...

In agency parlance used for planning purposes, river “areas” include the entire length of a study or designated river and its adjacent lands, an average of 320 acres per river mile (except on certain other rivers as specified by Congress and in Alaska, which is 640 acres for rivers located outside national parks). A river “segment” is a portion of the river area which has been delineated for evaluation and planning purposes. Its subsequent classification is dependent upon the level of development of the shoreline, watercourse and access at the time of designation. Significantly different...

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...

No. The river study, enabling legislation, and subsequent management planning process will consider how best to protect river values while recognizing private property rights.

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...

The river-administering agency is obligated to identify, monitor and report violations of water quality standards to the appropriate federal or state agency. In addition, the river-administering agency often develops and implements management actions to protect and enhance water quality through partnerships with local and state agencies, and water conservation districts. The Wild & Scenic Rivers Act, however, does not reassign EPA and/or state responsibility for implementation of the Clean Water Act to the river-administering agency.

There are three instances when federal agencies assess eligibility: 1) at the request of Congress through specific authorized studies; 2) through their respective agency inventory and planning processes; or 3) during National Park Service evaluation of a Section 2(a)(ii) application by a state. River areas identified through the inventory phase are evaluated for their free-flowing condition and must possess at least one outstandingly remarkable value.

Upon congressional authorization for a study (Section 5(a)) or by federal agency initiative (Section 5(d)(1)).

Corridor boundaries are established to protect the free-flowing condition, water quality, and outstandingly remarkable values for which the river was designated. Generally, the corridor width for designated rivers cannot exceed an average of 320 acres per mile which, if applied uniformly along the entire designated segment, is one-quarter of a mile (1,320 feet) on each side of the river. Boundaries may be wider or narrower, but are not to exceed the 320 acre average per mile per Section 3(b) of the Wild & Scenic Rivers Act without approval by Congress. The acreage of any islands...

Yes, the federal government may seek to control use on adjacent lands under very limited circumstances. The Constitution gives the federal government certain limited powers to control uses on state-owned lands that affect adjacent federal property. These powers may be exercised through the Property Clause, which provides that, “Congress shall have the power to make all needful rules and regulations respecting the territory or the property belonging to the United States.”

The federal government may also regulate use and/or activities occurring on the surface waters...

There are a number of steps that federal agencies use in their evaluation process:

• Assessment of free-flowing condition and resource values.
• Finding of eligibility or ineligibility.
• Inventoried or tentative classification based on the development of shoreline, watercourse, and access.
• Establishment of tentative, preliminary, or proposed boundaries and/or river areas.
• Establishment of protective management requirements for eligible rivers.

Prior to completion of the CRMP, proposed projects and new decisions (e.g., issuance of a special-use permit) on federal lands are evaluated by the wild and scenic river-administering agency to ensure they protect and, to the extent possible, enhance river values (free-flowing condition, water quality and outstandingly remarkable values). The necessary evaluation framework is a detailed description of the existing conditions of these values at the time of designation. Absent this information it may not be possible to evaluate the effects of an activity relative to the non-degradation and...

Yes. Water may be secured through a variety of protection strategies, in the interim. Ultimately, the United States should secure a federal reserved water right in state court or the appropriate forum. Interim measures may include, but are not limited to: state instream flow programs, reservoir operation schedules, endangered species flow recommendations, conservation techniques, cooperative agreements, and water right purchases from willing sellers.

Water law is a complex legal area, and water rights are a highly contentious issue. Whenever a water...

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...

Yes. Legal descriptions along with a map are submitted to Congress in accordance with Sections 3(b) and (c) of the Wild & Scenic Rivers Act and are retained by the administering agency. Requests for maps should be made to the agency field offices which administer the specific study or designated river(s).

The need to clarify 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 clarification 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).

In rare instances where the agency did not define the segment division to fit on-the-ground practicalities (e.g., a terminus described in legislation as “from the bridge”...

Rivers in Alaska outside of national parks and Elkhorn Creek in Oregon (640 acres per river mile) exceed the 320 acre average.