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...

Generally, existing livestock grazing practices and related structures are not affected by designation. The Interagency Guidelines state that agricultural practices should be similar in nature and intensity to those present in the area at the time of designation, and that grazing may be compatible with all river classifications (wild, scenic or recreational). Grazing and other public uses may occur in a wild and scenic river corridor as long as the uses do not adversely impact or otherwise degrade the values for which a river was designated.

Wild and scenic rivers may qualify as a Section 4(f) property, but designation of a river under the Wild & Scenic Rivers Act does not invoke Section 4(f) in the absence of significant Section 4(f) attributes and qualities. The Federal Highway Administration (FHWA), in consultation with the river-administering agency, determines on a case-by-case basis whether Section 4(f) applies. For example, Section 4(f) may apply to reaches of designated wild and scenic rivers that are publicly owned, open to the public and include recreation as a primary purpose, feature, attribute, or value....

Corridors may not exceed an average of 320 acres per river mile over the designated portion of the river (except on certain other rivers as specified by Congress and in Alaska, which is 640 acres for rivers located outside national parks). Agencies delineate boundaries based on natural or manmade features (canyon rims, roads and ridge tops, etc.) and legally identifiable property lines.

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.

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.

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.

Rivers included in the National Wild & Scenic Rivers System by act of Congress (under Section 3(a) of the Wild & Scenic Rivers Act) are administered by one of four federal agencies: Bureau of Land Management (BLM), National Park Service (NPS), U.S. Forest Service (USFS), and/or U.S. Fish & Wildlife Service (FWS) as specified in the legislation. Rivers included in the National Wild & Scenic Rivers System at the request of a governor and designated by the Secretary of the Interior (under Section 2(a)(ii) of the Wild & Scenic Rivers Act) are administered by the respective...

Prior to 1986, Section 3(b) of the Wild & Scenic Rivers Act required the river-administering agency to “prepare a plan for necessary developments in connection with its administration in accordance with such classification.” Through a generic amendment of the Wild & Scenic Rivers Act in 1986, Section 3 was amended with a new subsection requiring a “comprehensive management plan . . . to provide for protection of the river values” (Section 3(d)(1)). The comprehensive river management plan (CRMP) must address:

1. Resource protection;


2. Development of lands...

It is important to develop and apply standardized criteria through a documented evaluation process that may include a screening for potential wild and scenic rivers. If there doubt, evaluate the river according to the criteria in the Wild & Scenic Rivers Act, i.e., free-flowing condition and outstandingly remarkable values.

Wild and scenic river study reports are prepared in three instances:

1. When Congress authorizes a study pursuant to Section 5(a) of the Wild & Scenic Rivers Act.


2. For eligible rivers that have also been determined suitable by a federal land management agency pursuant to Section 5(d)(1) of the Wild & Scenic Rivers Act, when the agency deems it appropriate to forward the recommendation.


3. For state-nominated Section 2(a)(ii) rivers, the National Park Service prepares a report determining whether the candidate river meets the requirements of...

Administering agencies do not have any authority to control public use of private lands. Granting of access remains the owner’s responsibility and trespass 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 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...

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.

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.  The Interagency Wild & Scenic River Guidelines state, “There are no specific requirements concerning the length or the flow of an eligible river segment.  A river segment is of sufficient length if, when managed as a wild, scenic or recreational river area, the outstandingly remarkable values are protected.  Flows are sufficient if they sustain or complement the outstandingly remarkable values for which the river was designated.

Timber management activities on federal lands outside the corridor are managed to protect and enhance the values that caused the river to be designated. Measures needed to protect and enhance the river’s values are developed through the river planning process and include management direction as necessary for lands adjacent to the corridor.

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.

The study report for a congressionally authorized Section 5(a) study river is required to be forwarded by the study agency within the period specified in Section 5(b). This study report must be forwarded to Congress no matter what the outcome of the study.

Unlike the firm deadlines established for Section 5(a) study reports, the Act is silent in regard to Section 5(d)(1) rivers. Thus the river-administering agencies have considerable latitude in how and when to transmit the study report for rivers they have found suitable and are recommending to Congress for designation. The...

Through the various federal agencies’ land management planning processes and initiatives by the public, a significant number of rivers have been identified for study as potential additions to the National Wild & Scenic Rivers System. For example, the Nationwide Rivers Inventory (NRI), maintained by the National Park Service, has identified over 3,400 river segments as potential candidates for study and/or inclusion into the National System.

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.

(*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...

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.

No. Where tribal lands are involved, sovereign tribes retain authority over the lands; however, the river-administering agencies seek opportunities to collaborate in protecting values of joint concern.

No. The Wild & Scenic Rivers Act specifically prohibits the federal government from expending funds on Section 2(a)(ii) rivers, except to manage federal lands or to provide technical assistance to local managers.

Designation may cause an increase in use along the river as new visitors seek it out. However, the wild and scenic river management requirements should ensure that any such increase will not damage resources on private property. If anything, there will be increased oversight after designation, discouraging littering, trespass and vandalism. Private landowners may continue to post their property with “No Trespassing” signs or require users to obtain landowner permission.

Wild and scenic river status does not provide federal authority to regulate private lands. The river-administering agency will cooperate with state and local agencies to appropriately monitor and evaluate activities on private land. If such activities (existing or potential) threaten or are incompatible with the values that contributed to the river’s designation, then, to the extent necessary, mitigation will be accomplished in cooperation with landowners and federal, state and local agencies.

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.

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...

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...

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.

WSR designation seeks to protect and enhance a river’s current natural condition and provide for public use consistent with retaining those values. Designation affords certain legal protection from adverse development, e.g., no new dams may be constructed, nor federally assisted water resource development projects allowed that are judged to have an adverse effect on designated river values. Where private lands are involved, the federal managing agency will work with local governments and owners to develop voluntary protective measures.

Yes.  Congress and the Secretary of the Interior have designated many river segments which are above or below dams that have regulated flows.

Timber management activities on federal lands within wild and scenic river corridors must be designed to help achieve land-management objectives consistent with the protection and enhancement of the values that caused the river to be added to the National Wild & Scenic Rivers System. Management direction needed to protect and enhance the river’s values is developed through the river planning process. Wild and scenic river designation is not likely to significantly affect timber management activities beyond existing measures to protect riparian zones, wetlands, and other resource values...

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...

Congress declared its intent to protect the water quality of rivers added to the National Wild & Scenic Rivers System in Section 1(b) of the Wild & Scenic Rivers Act. Congress further specified that the river-administering agencies cooperate with the EPA and state water pollution control agencies to eliminate or diminish water pollution (Section 12(c)).

Yes. Fishing and hunting are regulated under state laws. Where hunting and fishing were allowed prior to designation, they may continue. The river-administering Secretary may, however, designate no hunting zones or periods in which no hunting is allowed for public safety or other reasons. The Secretary must issue such regulation in consultation with the wildlife agency of the state(s).

Section 7 of the Wild & Scenic Rivers Act prohibits any department or agency of the United States from assisting in the construction of any water resources project that would have a “direct and adverse” effect on the values for which the river segment was established, namely its free-flowing condition, water quality, and outstandingly remarkable values (outstandingly remarkable values). It also precludes federal assistance to projects below or above a designated river that have been determined to “invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife...

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

Differences include, but are not limited to, the following areas:

1. Motorized boats and other motors may be allowed in wild and scenic rivers classified as wild, whereas the administering Secretary has the discretion to continue the use of motorized boats and airplane landings in wilderness where such uses are traditionally established. In areas that are both a wild and scenic river and wilderness, the most restrictive provisions of the two acts apply, subject to any area-specific legislative language.


2. New dams are prohibited in wild and scenic rivers. The...

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.

Congress may classify the river upon the date of designation or authorize classification by the managing agency.  In the latter case, managing agencies have one year to finalize the boundary, identify the appropriate classification, and publish a notice in the Federal Register.  The agency has three years to complete a management plan.  For Section 2(a)(ii) rivers, classification would be established when the Secretary of the Interior designates the river.

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. 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...

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...

A river authorized for study under Section 5(a) of the Wild & Scenic Rivers Act is subject to the conditions and restrictions specified in Sections 7(b), 8(b), 9(b), and 12(a) of the Act.

The river is protected for the duration of the study plus up to three years after the required report is submitted (along with the President’s recommendation) to Congress. Should Congress not act within the three-year time frame, the river is no longer afforded protection by the Wild & Scenic Rivers Act. In cases where a study has not been submitted to Congress, the statutory protections...

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

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.

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.

Yes. To withdraw a scenic or recreational river segment, the managing agency must submit a separate public land order or notice of realty action.