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...

Section 16(b) of the Act defines free-flowing as “existing or flowing in a natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works and other minor structures at the time any river is proposed for inclusion in the national wild and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures in components of the national wild and...

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...

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.

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...

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...

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....

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.

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...

Eligibility findings are made as a part of a congressionally authorized study under Section 5(a), or pursuant to agency inventory and planning under Section 5(d)(1).  For Section 2(a)(ii) rivers, the National Park Service will make an eligibility determination under authority delegated by the Secretary of the Interior following application by the governor(s) for federal designation.

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.”

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...

Local government entities are encouraged by federal wild and scenic river-administering 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. Their participation in development of the comprehensive river management plan (CRMP) in areas of mixed ownership is essential to ensure an enduring planning strategy that protects river values and respects the rights of landowners. In some cases, local governments have chosen to strengthen land-use requirements during a wild and scenic river study, in...

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...

Under Section 5(a), Congress directs that a study be conducted on identified river segments (usually within three years).  The designated federal agency conducts a study and subsequently reports its findings through the appropriate Secretary.  As a general rule, where joint agency jurisdictions are involved, the cooperating agencies coordinate their efforts prior to making recommendations or submitting reports.

Under Section 5(d)(1), federal agencies are directed to identify and evaluate potential additions to the National Wild & Scenic Rivers System through agency...

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.

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.

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.

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...

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.

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...

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.

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

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.

Prior to completion of the CRMP, proposed projects and new decisions (e.g., issuance of a special-use permit) on federal lands are evaluated by the wild and scenic river-administering agency to ensure they protect and, to the extent possible, enhance river values (free-flowing condition, water quality and outstandingly remarkable values). The necessary evaluation framework is a detailed description of the existing conditions of these values at the time of designation. Absent this information it may not be possible to evaluate the effects of an activity relative to the non-degradation and...

Yes.  There are three classifications (wild, scenic and recreational) that may be applied to a particular river segment. Distinct segments along the designated reach may contain differing and non-overlapping classifications (wild, scenic, or recreational), e.g., a 100-mile wild and scenic river may be classified as wild for 50 miles, scenic for 30 miles, and recreational for 20 miles.

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.

Any federally assisted construction project—by loan, grant, permit, license, or otherwise—which would affect the free-flowing condition of a wild and scenic river. This includes any hydroelectric project licensed by the Federal Energy Regulatory Commission (FERC)  under Part 1 of the Federal Power Act (36 CFR 297).

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...

Yes it may. Once water rights are adjudicated, the federal reserved water right may affect future water development projects, depending upon the impacts of the new proposal on the river’s flow-dependent values. Adjudications have been completed or are in process on 15 designated wild and scenic rivers. To date, existing flows have been sufficient to protect current and future demands and to meet the purposes for which the river was designated. River-administering agencies can work with local and state agencies to negotiate solutions that accommodate future water needs and that protect wild...

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. 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, a federal reserved water right is generally adjudicated in state court (e.g., basin-wide adjudication) in the western United States. It is less clear how federal reserved water rights are adjudicated in the eastern United States. Contact a staff expert and/or legal counsel when trying to protect water quantity.

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....

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).

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 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...

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.

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.

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.

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.

A primary objective of wild and scenic river designation is to protect and enhance riparian area function and other river-related natural values. Specific actions to meet the objective are typically set forth in the management plan required for each river.

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.

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.

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:

1. 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?


2. 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...

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.

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...

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...

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.

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.

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.

Yes. River-administering agencies have an affirmative duty to evaluate pre-existing uses on federal lands to determine whether such uses are protecting the values for which the wild and scenic river was designated. Grazing may continue when consistent with protecting river values. If grazing practices are determined to be inconsistent with wild and scenic river management objectives, then changes in grazing practices may be required.