Questions & Answers

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...

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.

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...

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...

Section 16(b) of the Wild & Scenic Rivers Act defines a river as “a flowing body of water or estuary, or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.”

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.

There are more appropriate and cost-effective ways to ensure resource conservation along wild and scenic rivers than using the Wild & Scenic Rivers Act’s condemnation authority. (Refer to Protecting Resource Values on Non-federal Lands (1996).)

Agencies may acquire properties using appropriated funds under the Land and Water Conservation Fund Act or other authorities. Owners are contacted in order to see if an exchange or voluntary purchase can be negotiated.

As provided in Sections 4(a) and 5(c) of the Wild & Scenic Rivers Act, the following factors should be considered and, as appropriate, documented as a basis for the suitability determination for each river.

1. Characteristics which do or do not make the area a worthy addition to the National Wild & Scenic Rivers System. These characteristics are described in the Wild & Scenic Rivers Act (see factors 2 through 7) and may include additional suitability factors (8 through 13).


2. The current status of land ownership and use in the area.


3. The...

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...

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)).

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

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

. . . the appropriate Secretary shall issue guidelines, specifying standards for local zoning ordinances, which are consistent with the purposes of this Act. The standards specified in such guidelines shall have the object of (a) prohibiting new commercial or industrial uses other than commercial or industrial uses which are consistent with the purposes of this Act, and (b) the protection of the bank lands by means of acreage, frontage, and setback requirements on development.

The Wild...

Wild and scenic river designation seeks to protect and enhance a river’s current condition. Generally, the classification of the river reflects the level of development at the time of designation, and future development levels must be compatible with such classification. Any proposed new developments on federal lands must be guided by land use and resource management objectives that are compatible with the river’s classification.

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

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.

Wild and scenic river designations generally cause property values to remain stable or increase. For example, see Economic Benefits of Conserved Rivers: An Annotated Bibliography (Porter, B., Collier, S., Becerra, N., and Schultz, J. 2001. National Park Service – Rivers and Trails Conservation and Assistance Program, Washington, DC. 27pp.).

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.  The federal agency should consider a wide variety of internal and external sources from which to identify potentially eligible rivers.  These sources may include:  American Rivers’ “Outstanding Rivers List,” statewide river inventories/assessments, published guidebooks, etc.  The important point is to develop and apply standardized criteria through a documented evaluation process for potential 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).

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...

The following summarizes the sections of the Wild & Scenic Rivers Act related to water resources (quality and quantity):

Section 1(b) of the Wild & Scenic Rivers Act establishes that the national policy of dam and other construction be complemented by a policy that would preserve other selected rivers or sections thereof “in their free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes.”

Section 10(a) states: “Each component of the national wild and scenic rivers system shall be administered in...

To be eligible for designation, a river must be free-flowing and contain at least one "outstandingly remarkable value," i.e., scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar value.

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...

In the Wild & Scenic Rivers Act, river values identified include scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values. The Wild & Scenic Rivers Act does not further define outstandingly remarkable values. However, agency resource professionals have developed interpretive criteria for evaluating river values (unique, rare, or exemplary) based on professional judgment on a regional, physiographic, or geographic comparative basis. (Refer to The Wild & Scenic River Study Process (1999).)

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

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...

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....

The Wild & Scenic Rivers Act states that rivers designated under Section 2(a)(ii) “shall be administered by the State or political subdivision thereof without expense to the United States other than for administration and management of federally owned lands.” The state is responsible for providing protection, except on federally administered lands and with respect to Section 7(a) determinations and securing a federal reserved water right under Section 13(c), both of which are made by a federal agency. The National Park Service provides ongoing technical assistance and partnership...

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

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...

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.

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...

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...

The Act (Public Law 90-542; 16 U.S.C. 1271-1287) was signed on October 2, 1968. It has been amended many times, primarily to designate additional rivers and authorize additional rivers for study for possible inclusion.

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.

Timber management activities on non-federal lands outside the corridor are guided by state and local authorities. The river manager may provide technical assistance and/or work with state/local governments to protect river values.

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.

No, there is no statutory requirement that a CRMP be revisited in a specified timeframe. However, the federal wild and scenic river-administrator should periodically review monitoring information to determine if there is a need for change in existing direction to ensure values are protected and enhanced. Agency unit-wide plans that are revised following a CRMP-specific plan amendment will follow individual agency practices for plan revision. In some cases, this may include updating the CRMP during the agency unit-plan revision cycle.

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...

No. There are no special provisions limiting overflights of components of the National Wild & Scenic Rivers System. Certain designated wild and scenic rivers are located by coincidence within restricted overflight areas, but were not the cause of the restriction. Altitude restrictions for civil aircraft in the United States under Federal Aviation Administration (FAA) regulations (e.g, 14 CFR 91.119 and 91.515 which apply to U.S. airspace) and altitude guidelines in the Airman’s Information Manual (Section 4, paragraph 7-4-6) apply to certain chartered areas. The FAA has entered into...

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.

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...

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.

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.

Section 4(a) of the Wild & Scenic Rivers Act and the Interagency Guidelines describe and discuss content requirements, specific topics to be addressed, and the way in which information should be presented in such a study report. The National Environmental Policy Act (NEPA) process can, and is, readily merged with the requirements of the wild and scenic river study report. A wild and scenic river study report resulting from a decision in a land management plan usually summarizes and incorporates relevant information from the plan and associated NEPA document. For example, the location...

No. The Wild & Scenic Rivers Act does not limit the amount of land that may be acquired through purchase of easements, i.e., acquisition of partial rights, such as development rights.