Are rivers that are determined eligible or suitable through agency planning processes (under Section 5(d)(1) of the Wild & Scenic Rivers Act) protected from proposed hydroelectric facilities or other federally assisted water resources projects?

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 Coordinating Council for a detailed discussion.

Interagency Wild & Scenic Rivers Council