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...

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.

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.

Through the various federal agencies’ land management planning processes and initiatives by the public, a significant number of rivers have been identified for study as potential additions to the National Wild & Scenic Rivers System. For example, the Nationwide Rivers Inventory (NRI), maintained by the National Park Service, has identified over 3,400 river segments as potential candidates for study and/or inclusion into the National System.

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.

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)).

Land acquisition is one tool for protecting and enhancing river values. It may also be an important means of providing public access to a wild and scenic river. Notwithstanding Section 6 of the Wild & Scenic Rivers Act, however, Congress has pre-empted some or all of the Wild & Scenic Rivers Act’s federal land acquisition authorities in the enabling acts for certain wild and scenic rivers where the river study demonstrated that protective zoning or other conservation practices provided adequate safeguards for river values.

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

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...

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...

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.

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.

Section 10(a) of the Wild and Scenic Rivers Wild & Scenic Rivers Act directs that:

Each component of the national wild and scenic rivers system shall be administered in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith, limiting other uses that do not substantially interfere with public use and enjoyment of these values.

In its technical report on managing wild and scenic rivers (Wild and Scenic River Management Responsibilities (2002)) the...

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...

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...

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...

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...

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.

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.

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...

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.

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.

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

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.

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. 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.

WSR designation seeks to protect and enhance a river’s current natural condition and provide for public use consistent with retaining those values. Designation affords certain legal protection from adverse development, e.g., no new dams may be constructed, nor federally assisted water resource development projects allowed that are judged to have an adverse effect on designated river values. Where private lands are involved, the federal managing agency will work with local governments and owners to develop voluntary protective measures.

A range of projects are allowable to restore natural channel processes and habitat, including placement of limited rock and wood, native plantings to stabilize streambanks, and the removal or addition of fish barriers. Such projects are most likely to protect river values, including a river’s free-flowing condition, provided they: 

1. Mimic the effects of naturally occurring events such as trees falling in and across the river (including the formation of wood jams), boulders tumbling in or moving down the river course, exposure of bedrock outcrops, bank sloughing or...

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).

Agency land use or resource management plan records should include documentation of the eligibility criteria, inventory process, evaluation, and outcome. Agency field offices retain the administrative record and documents related to an assessment of the free-flowing condition and identification of outstandingly remarkable values.

For state-designated rivers, a governor may submit an application to the Secretary of the Interior under Section 2(a)(ii) of the Act.  If found eligible, and if sufficient protection is afforded by the state, the Secretary may make the designation.  Rivers designated in this manner continue to be administered by the state (sometimes with assistance from local governments), except for any federal lands along the river.  If there are federal lands located along the river, the state and federal river-administering agencies may enter into an agreement to outline federal/state...

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.

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...

Easements on private lands acquired for the purposes of protecting wild and scenic rivers do not provide public access unless this right was specifically acquired from the private landowner. A trail or road easement by necessity would involve public use provisions. Any provisions for public use of private lands must be specifically purchased from the landowner.

Yes. Fishing and hunting are regulated under state laws. Where hunting and fishing were allowed prior to designation, they may continue. The river-administering Secretary may, however, designate no hunting zones or periods in which no hunting is allowed for public safety or other reasons. The Secretary must issue such regulation in consultation with the wildlife agency of the state(s).

On September 7, 1982, the Departments of Agriculture and the Interior outlined in the Federal Register (47 FR 39454) eligibility and classification criteria, the evaluation process and content, and reporting requirements for potential wild and scenic rivers and management guidelines for designated wild and scenic rivers. These guidelines were formulated to provide a uniform evaluation and consistent management approach in the identification, evaluation, reporting, and management of wild and scenic river segments. These replaced earlier guidelines developed in 1970.

Rivers designated under Section 3(a) of the Wild & Scenic Rivers Act, and most designated under Section 2(a)(ii), are classified in one of three categories depending on the extent of development and accessibility along each section. Designated river segments are classified and administered under one of the following, as defined in Section 2(b) of the Wild & Scenic Rivers Act:

...

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...

The requirement for a comprehensive river management plan (CRMP), does not apply to state-administered, federally designated rivers. Federal land managers are responsible for protecting river values in all agency planning and management actions for any portion of a 2(a)(ii) river that flows on federal lands. In some cases, the petitioning state has a requirement for a plan. The existence of a state or local plan to protect river values is one of the factors considered by the National Park Service in its review of the 2(a)(ii) nomination for the Secretary.

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...

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...

No. However, the federal land administering agency must protect wild and scenic river values on federal lands.

Yes. The Wild & Scenic Rivers Act anticipates the need for occasional adjustment of the lateral (river corridor) boundary, directing that such amendment follow the same process as described for the initial boundary development in Sections 3(b) and (c) of the Wild & Scenic Rivers Act. The legally established river corridor might require amendment to better reflect protection of outstandingly remarkable values or as the result of identification of a new outstandingly remarkable value.

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...

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.

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...

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...

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...