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...

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

Once such a river has been found eligible, the federal study agency should, to the extent it is authorized under various laws 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.

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...

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.

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.

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

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.

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).

No restrictions to private lands may be applied under the Wild & Scenic Rivers Act. Comprehensive river management plans may establish goals for new construction consistent with classification. There is a wide range of uses compatible with these classifications so long as the overall values and character of the river corridor is maintained. Any effect on private lands would be through state or local zoning. Federal acquisition of lands or development rights would require landowner compensation.

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.

Yes. There is no acreage limitation for less than fee title (e.g., easements), however.

Circumstances where agencies should always seek information and advice from each other are:

1. In agency inventory and planning processes, and environmental analysis processes for aquatic ecosystems and regional watersheds; and,
2. When proposed actions have the potential of affecting other agency-administered portions of the river.

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

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.

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.

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.

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...

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...

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.

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...

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...

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...

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

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 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.

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...

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...

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...

The need to clarify the terminus 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 terminus to fit on-the-ground practicalities (e.g., a terminus described in legislation as “from the dam” included a dam and dam-...

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”...

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 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.

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...

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.

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...

(*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...

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.

Examples include, but are not limited to, bank stabilization/revetments; bridges (e.g., abutments, piers, approaches); emergency repairs; channelization; channel restoration; culverts; dams and dam removal; dredging or excavation; fish habitat/passage restoration or enhancement; gravel mining; in-channel transmission towers; levees; pipelines; recreation facilities such as boat ramps and fishing piers; water diversions/wells; and activities that are authorized under Section 404 of the Clean Water Act by the United States Army Corps of Engineers (ACOE).

Review of...

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...

There are no known studies comparing river use levels before and after wild and scenic river designation with changes in use levels of similar non-wild and scenic rivers. Factors other than wild and scenic river designation (i.e., river and water attributes, access to the river, and availability of facilities and commercial services) are considered to be the major influences on river use levels. For wild and scenic rivers, as for other rivers managed by federal agencies, the implementation of permit systems or other limits of use are typically undertaken when use exceeds an acceptable...

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.

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....

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.

No.

Section 8(a) of the Wild & Scenic Rivers Act withdraws public (federal) lands within the authorized boundary of a designated component from entry, sale, or other disposition under the public land laws of the United States.

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...

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.

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...