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...

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.

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.

Yes. The Wild & Scenic Rivers Act directs other federal agencies to protect river values. It explicitly recognizes the regulatory roles of the Federal Energy Regulatory Commission and the Environmental Protection Agency in protecting wild and scenic rivers, and directs other federal departments and agencies that permit or assist in the construction of water resources projects to do likewise. The role of such federal agencies in water resources project construction may be through regulation, direct funding, or indirectly funding by providing federal assistance to others.

All...

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...

Should the purchase of land become necessary, condemnation is typically a last resort and only used when:

1. Land is clearly needed to protect resource values, or provide necessary access for public recreational use, and a purchase price cannot be agreed upon.


2. Clear title to a property is needed, in which case condemnation is merely a legal procedure that has nothing to do with government/landowner differences.

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...

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...

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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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.

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.

It is important to develop and apply standardized criteria through a documented evaluation process that may include a screening for potential wild and scenic rivers. If there doubt, evaluate the river according to the criteria in the Wild & Scenic Rivers Act, i.e., free-flowing condition and outstandingly remarkable values.

A river authorized for study under Section 5(a) of the Wild & Scenic Rivers Act is subject to the conditions and restrictions specified in Sections 7(b), 8(b), 9(b), and 12(a) of the Act.

The river is protected for the duration of the study plus up to three years after the required report is submitted (along with the President’s recommendation) to Congress. Should Congress not act within the three-year time frame, the river is no longer afforded protection by the Wild & Scenic Rivers Act. In cases where a study has not been submitted to Congress, the statutory protections...

Section 6(c) of the Wild & Scenic Rivers Act states:

. . . the appropriate Secretary shall issue guidelines, specifying standards for local zoning ordinances, which are consistent with the purposes of this Act. The standards specified in such guidelines shall have the object of (a) prohibiting new commercial or industrial uses other than commercial or industrial uses which are consistent with the purposes of this Act, and (b) the protection of the bank lands by means of acreage, frontage, and setback requirements on development.

The Wild...

Yes. Motorized access allowed prior to designation will, generally, be allowed post designation, subject to congressional intent and river management objectives. However, if motorized use adversely impacts a river’s water quality or outstandingly remarkable values, or if the use is not consistent with the river’s classification the route may be closed or regulated.

The continued legality of motorized use on land or water is best determined through the river management planning process, which considers factors such as impacts on river values, user demand for such motorized...

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.

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.

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...

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...

Projects with the following attributes are generally considered most harmonious with river ecosystems:

• Those made of native materials, e.g., wood, rock, vegetation, and so forth that are similar in type, composition or species to those in the vicinity of the project.
• Those using construction materials that are natural in appearance, e.g., logs with bark intact as opposed to being peeled and whole naturally weathered rocks as opposed to split or fractured (i.e., riprap).
• Those with materials placed in locations, positions, and quantities mimicking natural...

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...

The federal wild and scenic river-administering agency is responsible for implementing the Wild & Scenic Rivers Act’s requirements, including the development of a comprehensive management plan for each river within three full fiscal years from the date of designation. It is also responsible to protect and enhance a river’s values, through its authorities on federal lands and through voluntary, cooperative strategies developed with other governments, tribal nations, and landowners on non-federal lands, and to evaluate water resources projects under Section 7(a).

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.

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...

Yes. Legal descriptions along with a map are submitted to Congress in accordance with Sections 3(b) and (c) of the Wild & Scenic Rivers Act and are retained by the administering agency. Requests for maps should be made to the agency field offices which administer the specific study or designated river(s).

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....

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:

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A river identified for study under Section 5(d)(1) is protected by each agency’s policy; i.e., the Wild & Scenic Rivers Act provides no statutory protections. To the extent of each agency’s authority, the river’s free-flowing condition, water quality, outstandingly remarkable values, and classification are protected. Prior to a suitability study, the inventoried classification is protected. If, as the result of a suitability study, a less restrictive classification is recommended for a river or portion thereof, the agency is obligated to protect this recommended classification.

In the Wild & Scenic Rivers Act, river values identified include scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values. The Wild & Scenic Rivers Act does not further define outstandingly remarkable values. However, agency resource professionals have developed interpretive criteria for evaluating river values (unique, rare, or exemplary) based on professional judgment on a regional, physiographic, or geographic comparative basis. (Refer to The Wild & Scenic River Study Process (1999).)

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.

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.

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...

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...

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...

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.

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...

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...

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...

Section 16(b) of the Wild & Scenic Rivers Act, defines a “river” as “a flowing body of water . . . or portion, section, or tributary thereof. . . .”  “Free-flowing” is defined as “existing or flowing in natural condition without impoundment. . . .”  Therefore, any section of river with flowing water meets the technical definition of free flowing, even if impounded upstream.

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. 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...

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.”

No. However, all treatments must protect river values. Treatment methods that also include in-channel activity (e.g. dredging) are subject to review under Section 7(a) as water resources project.

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-...

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.

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

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

No, there is no statutory requirement that a CRMP be revisited in a specified timeframe. However, the federal wild and scenic river-administrator should periodically review monitoring information to determine if there is a need for change in existing direction to ensure values are protected and enhanced. Agency unit-wide plans that are revised following a CRMP-specific plan amendment will follow individual agency practices for plan revision. In some cases, this may include updating the CRMP during the agency unit-plan revision cycle.

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

Rivers included in the National Wild & Scenic Rivers System by act of Congress (under Section 3(a) of the Wild & Scenic Rivers Act) are administered by one of four federal agencies: Bureau of Land Management (BLM), National Park Service (NPS), U.S. Forest Service (USFS), and/or U.S. Fish & Wildlife Service (FWS) as specified in the legislation. Rivers included in the National Wild & Scenic Rivers System at the request of a governor and designated by the Secretary of the Interior (under Section 2(a)(ii) of the Wild & Scenic Rivers Act) are administered by the respective...