River-administering agencies use a variety of approaches to protect or enhance water quality including, but not limited to: developing a cooperative water quality plan with the EPA and state agencies; securing cooperative funding to assess or remediate problems; and providing technical assistance to landowners and communities, often through local conservation districts.
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...
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.
Benefits may include, but are not limited to, providing managers tools or mechanisms to protect free-flowing condition, i.e., protection of river values through the assessment of hydroelectric facilities or water resource development projects within the designated reach; protection and enhancement of water quality and outstandingly remarkable values; and, if a river’s management plan objective, promotion of economic development, tourism, or recreational use. Based on current limited studies, indications are that property values remain stable or increase on designated rivers. This is often...
The economic impacts of implementing various alternatives should be addressed through the evaluation process to determine whether a river is a suitable addition to the National Wild & Scenic Rivers System or through the river management planning process, or a designated wild and scenic river. Economic issues, such as development and ecotourism, both inside and outside of potentially designated river corridors may be considered.
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. 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 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.
Local government entities are encouraged by federal management 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.
State land-use requirements often require each local jurisdiction to address uses and activities within wild and scenic river areas in their planning updates. Such local planning may be carried out by comprehensive plan policies, zoning requirements, negotiations with landowners, or through other mechanisms.
For state-designated rivers, a governor may submit an application to the Secretary of the Interior under Section 2(a)(ii) of the Act. If found eligible, and if sufficient protection is afforded by the state, the Secretary may make the designation. Rivers designated in this manner continue to be administered by the state (sometimes with assistance from local governments), except for any federal lands along the river. If there are federal lands located along the river, the state and federal river-administering agencies may enter into an agreement to outline federal/state...
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 requirement for a comprehensive river management plan (CRMP), does not apply to state-administered, federally designated rivers. Federal land managers are responsible for protecting river values in all agency planning and management actions for any portion of a 2(a)(ii) river that flows on federal lands. In some cases, the petitioning state has a requirement for a plan. The existence of a state or local plan to protect river values is one of the factors considered by the National Park Service in its review of the 2(a)(ii) nomination for the Secretary.
Some examples of other similar outstandingly remarkable values include botanical, hydrological, paleontological, scientific, or heritage values.
Yes. The Wild & Scenic Rivers Act directs other federal agencies to protect river values. It explicitly recognizes the regulatory roles of the Federal Energy Regulatory Commission and the Environmental Protection Agency in protecting wild and scenic rivers, and directs other federal departments and agencies that permit or assist in the construction of water resources projects to do likewise. The role of such federal agencies in water resources project construction may be through regulation, direct funding, or indirectly funding by providing federal assistance to others.
All...
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.
Yes. Congress has frequently added wild and scenic river status to rivers flowing through national parks, national wildlife refuges, and designated wilderness. Each designation recognizes distinct values for protection, and management objectives generally designed to not conflict. In some cases, wild and scenic river designations extend beyond the boundaries of other administrative or congressional area designations, thereby providing additional protection to the free-flowing condition and river values of the area. Section 10(b) of the Wild & Scenic Rivers Act addresses potential...
Maintenance of roads generally would not be affected. In consultation with landowners involved through coordinated management planning, every effort would be made to eliminate or reduce adverse impacts from any proposals for road improvement, realignment and/or new construction. If a proposed new road would have a negative impact on river values, the administering agency will work with the landowner(s) to mitigate the proposal. Should mitigation and/or consultation fail to reduce adverse impacts to an acceptable level, the administering agency could negotiate with the landowner to purchase...
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)).
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.
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.
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...
Section 16(b) of the Wild & Scenic Rivers Act, defines a “river” as “a flowing body of water . . . or portion, section, or tributary thereof. . . .” “Free-flowing” is defined as “existing or flowing in natural condition without impoundment. . . .” Therefore, any section of river with flowing water meets the technical definition of free flowing, even if impounded upstream.
Easements on private lands acquired for the purposes of protecting wild and scenic rivers do not provide public access unless this right was specifically acquired from the private landowner. A trail or road easement by necessity would involve public use provisions. Any provisions for public use of private lands must be specifically purchased from the landowner.
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 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...
Section 4(f) refers to the original section within the United States Department of Transportation (DOT) Act of 1966 (49 U.S.C. Section 303(c); 23 U.S.C. Section 138). The DOT Act was enacted to ensure that transportation plans and programs include measures to maintain or enhance the natural beauty of publicly owned public parks, recreation areas, wildlife/waterfowl refuges, and historic sites of local, state, or national significance transversed by highways.
The Department of Transportation (DOT), in coordination with the river-administering agency, performs compliance reviews for qualifying properties. While Section 4(f) requires that the river-administering agency’s recommendations for minimizing harm are considered during the planning process, the authority to administer and make Section 4(f) approvals ultimately resides with the DOT. The river-administering agency’s concurrence on any DOT Section 4(f) compliance documents should clearly state that its concurrence is contingent upon a favorable final determination for the project under...
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.
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.
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. The ability of the owner to buy, sell, donate, or leave property to heirs is unaffected by the Wild & Scenic Rivers Act. Landowners who sell should inform the new owner of any easement transferred with the title.
Yes. Section 7(b) of the Wild & Scenic Rivers Act provides the same protection to study rivers authorized by Congress, except that the qualifying word “unreasonably” does not appear before “diminish” for projects located above, below, or on a stream tributary to the study segment’s boundaries. The intent and effect is to provide greater protection for study rivers from proposed hydroelectric facilities or other federally assisted water resource projects during the time-limited study process. Identical protection from water resource projects also applies to rivers that were previously...
No. Navigability determinations are based on factors other than wild and scenic river designation. Because of this, designation does not affect ownership of the submerged lands [or minerals lying] under the river.
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. While Congress specifies the termini of a designated river, in some instances congressional language may require interpretation. For example, a terminus described as “from the dam” could be interpreted as including the dam and dam-related facilities. However, to allow for continued dam maintenance, it may be appropriate to establish the boundary a very short distance below the dam or, through specific language, to exclude appurtenant facilities.
The river administrator is well advised to consider on-the-ground practicalities at the initial boundary setting stage, to the extent...
Yes. There are four other principal agencies with authority on rivers, including wild and scenic rivers, in the United States. The EPA has authority to protect water quality; the Army Corps of Engineers (ACOE) has jurisdiction for water resources projects; the U.S. Coast Guard (USCG) has jurisdiction on inland navigable waters, vessel inspecting and licensing, safety and boating enforcement, aids to navigation, and permitting of bridges; and the Federal Energy Regulatory Commission (FERC) has authority to license the construction of hydroelectric projects.
Upon congressional authorization for a study (Section 5(a)) or by federal agency initiative (Section 5(d)(1)).
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...
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).
Due to the dams, diversions, and water resource development projects that occurred from the 1930’s to the 1960’s, the need for a national system of river protection was recognized by conservationists (notably Frank and John Craighead), congressional representatives (such as Frank Church and John Saylor), and federal agencies. The Act was an outgrowth of the national conservation agenda of the 1950’s and 1960’s, captured in the 1962 recommendations of the Outdoor Recreation Resources Review Commission. The Act concluded that selected rivers be preserved in a free-flowing...
Rivers in Alaska outside of national parks and Elkhorn Creek in Oregon (640 acres per river mile) exceed the 320 acre average.
Citizen stewards are increasingly important in protecting wild and scenic river values, often through river-specific or regional stewardship organizations. Individually, or through nonprofit entities, citizens help survey and monitor resource conditions, provide interpretive and education opportunities, contribute to restoration efforts, and support many other protection activities.
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...
Suitability is an assessment of factors to provide the basis for determining whether to recommend a river for addition to the National Wild & Scenic Rivers System. Suitability is designed to answer these questions:
- Should the river’s free-flowing character, water quality, and outstandingly remarkable values (ORVs) be protected, or are one or more other uses important enough to warrant doing otherwise?
- Will the river’s free-flowing character, water quality, and ORVs be protected through designation? Is it the best method for protecting the river corridor...
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.
No. However, the federal land administering agency must protect wild and scenic river values on federal lands.
No. Lands owned by a state may be acquired only by donation or exchange per Section 6(a)(1) of the Wild & Scenic Rivers Act.
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...
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.