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...

Subject to valid existing rights, rivers authorized for study under Section 5(a) of the Wild & Scenic Rivers Act are withdrawn under the mining laws while in study status; this withdrawal covers the bed and bank and federal lands situated within one-quarter mile of the bank on each side of the river. River study areas are not withdrawn from mineral leasing but are subject to conditions determined by the appropriate Secretary necessary to safeguard the area during the study period. However, the bed and bank and federal lands within two miles of the bank of each side of the rivers...

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...

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

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.

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.

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.

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.

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 river study, enabling legislation, and subsequent management planning process will consider how best to protect river values while recognizing private property rights.

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

(*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...

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...

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...

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.

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.

Section 13(c) of the Wild & Scenic Rivers Act expressly reserves the quantity of water necessary to protect river values, including water quality and flow-dependent outstandingly remarkable values. This reservation of water is called a federal reserved water right and is generally adjudicated in a state court (e.g., basin-wide adjudication). River designation does not supersede existing, valid water rights.

Refer also to CRS Report for Congress, The Wild and Scenic Rivers Act and Federal Water Rights, by Cynthia Brougher (January 9, 2009).

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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.

Most current uses and activities on rivers and adjoining federal lands may continue. Of primary consideration in any river or land-use limitation is the protection and enhancement of the free-flowing condition, water quality, and outstandingly remarkable value(s) that resulted in the river’s designation. Those uses that clearly threaten these values will be addressed in the planning process, or through site-specific environmental analyses on a case-by-case basis where federal lands are involved.

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.

Yes. Such projects may be constructed to protect and enhance fish and wildlife. In-channel structures (e.g., placement of large wood to replicate natural stream conditions) and in-channel activities (e.g., dredging to protect listed species) are acceptable, provided they do not have a direct and adverse effect on the values of the river (its free-flowing condition, water quality, and outstandingly remarkable values. Similarly, in-channel habitat projects may also be constructed below/above a designated river so long as they do not unreasonably diminish the scenic, recreational, and fish...

The requirements specified for a CRMP in Section 3(d)(1) are most often developed through a separate-in-time planning process. This can result in either an amendment to the direction in the agency’s unit-wide plan o a stand-alone plan, depending on agency practices. For designated rivers that are separate NPS units, the CRMP is the General Management Plan (e.g., St. Croix National Scenic Riverway).

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.

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.

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

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...

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.

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.

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 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.

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.

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.

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...

It depends on whether the collecting activity is commercial or noncommercial in nature and subject to river-administering agency regulation. Mining under the 1872 mining law is a commercial and business activity tied to valid existing rights of claims and is regulated as such (36 CFR 228, 43 CFR 3809, 8365, et al).

Non-commercial mineral collecting for recreational purposes (e.g., hobby collecting, rock-hounding, gold panning, sluicing, or dredging) may be authorized by the Bureau of Land Management or the U.S. Forest Service depending on the amounts collected, size and scale of...

For 5(a) studies, the study report, planning document and combined National Environmental Policy Act (NEPA) analysis are submitted to the agency head for review and subsequent transmittal to Congress, which decides the final disposition of the river.

For 5(d)(1) studies, the study report and combined NEPA analysis (if conducted as a separate study), or study report prepared from the underlying land management plan, are submitted through the study agency and its respective department for review. The final study report is transmitted by the appropriate Secretary to Congress, which...

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 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 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. 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...

As of June 2022, some 226 river segments comprising 13,417 miles have been afforded protection in the National System.  These nationally recognized rivers comprise some of the nation’s greatest diversity of recreational, natural, and cultural resources, offering great scientific value and scenic beauty.  By comparison, more than 75,000 large dams across the country have modified at least 600,000 miles, or about 17% of America’s rivers (possibly more than 20% – figures are best estimates).

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...

Ideally one coordinated CRMP is developed with each wild and scenic river-administering agency documenting its respective decisions. In a few cases, separate plans may be required. However, even in this case, the planning process is conducted jointly to the greatest extent possible to ensure consistency of outstandingly remarkable values, classification, standards, and monitoring.

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.

Once rivers have been evaluated and determined eligible for further study, agencies conduct an evaluation to determine if the rivers are “suitable” or “not suitable” for wild and scenic river designation within their resource or land management planning processes (Section 5(d)(1)), or usually as a separate study for congressionally authorized studies (Section 5(a)). In each process, the benefits of protecting river values are weighed against other resource values, issues and alternatives.

Either process is typically accompanied by an environmental document, normally an...

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.

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.

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.

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...

The Wild & Scenic Rivers Act does not specifically mention aquatic or upland non-indigenous species. While non-indigenous species may be introduced—provided that doing so is not contrary to another law or the policy of the managing agency, and would not result in the degradation to the river’s values—the use of native species is generally preferred. Indirect impacts of introducing non-indigenous species, e.g., increasing recreational fishing, should also be considered. Additional guidance for a specific river is usually included in its management plan.

River-administering agencies must evaluate proposed water resources projects under the appropriate standard of Section 7. The evaluative standard for projects located within a wild and scenic river corridor, Section 5(a) study area, or qualifying Section 2(a)(ii) application area is whether the project would have a “direct and adverse effect.” The evaluative standard for projects located downstream, upstream, or on a tributary to a wild and scenic river corridor or Section 5(a) study area is whether the project would “invade the area or unreasonably diminish” for designated wild and scenic...