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.
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.
Does wild and scenic river designation lead to increased river use and the need for a permit system?
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...
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.
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.
Corridor boundaries are established to protect the free-flowing condition, water quality, and outstandingly remarkable values for which the river was designated. Generally, the corridor width for designated rivers cannot exceed an average of 320 acres per mile which, if applied uniformly along the entire designated segment, is one-quarter of a mile (1,320 feet) on each side of the river. Boundaries may be wider or narrower, but are not to exceed the 320 acre average per mile per Section 3(b) of the Wild & Scenic Rivers Act without approval by Congress. The acreage of any islands...
The government typically provides technical assistance to find ways to alleviate or mitigate the actual or potential threat(s). Purchasing a partial right (easement) or the property in fee title is usually the last resort. If an easement is purchased, the owner would sell certain development rights and receive a payment, yet retain title to the land.
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.
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:
- Resource protection;
- Development of lands...
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.
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:
- 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?
- 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...
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.
The Wild & Scenic Rivers Act expressly prohibits the Federal Energy Regulatory Commission (FERC) from licensing the construction of a hydroelectric project or project works (e.g., facilities such as the powerhouse, access roads, transmission lines) under Part 1 of the Federal Power Act “on or directly affecting” a designated wild and scenic river. However, on the few rivers with a FERC-licensed hydroelectric project/project works within the river’s boundaries at the time of designation, existing operations may continue.
Relicensing of existing FERC-licensed hydroelectric...
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”...
Differences include, but are not limited to, the following areas:
- 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.
- New dams are prohibited in wild and scenic rivers. The...
Most rivers have flexible boundaries to accommodate specific features and river values. (Refer to Establishment of Wild and Scenic River Boundaries (1998).)
Generally, existing agricultural and grazing practices, and related structures are not affected by designation. The Wild & Scenic Rivers Act does not give federal agencies authority to regulate private land. Consequently, the only effect of designation is to authorize the purchase of easements within the river corridor, and to enable federal agency staff to provide technical assistance to private landowners interested in reducing impacts on the river’s water quality and riparian integrity.
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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Existing powerline or communication transmission rights-of-way may continue to be used and maintained. New proposals would be evaluated for impacts to river values based on state and local zoning.
Yes, the federal government may seek to control use on adjacent lands under very limited circumstances. The Constitution gives the federal government certain limited powers to control uses on state-owned lands that affect adjacent federal property. These powers may be exercised through the Property Clause, which provides that, “Congress shall have the power to make all needful rules and regulations respecting the territory or the property belonging to the United States.”
The federal government may also regulate use and/or activities occurring on the surface waters...
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.
Local government entities are encouraged by federal management 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.
State land-use requirements often require each local jurisdiction to address uses and activities within wild and scenic river areas in their planning updates. Such local planning may be carried out by comprehensive plan policies, zoning requirements, negotiations with landowners, or through other mechanisms.
Wild and scenic river designations generally cause property values to remain stable or increase. For example, see Economic Benefits of Conserved Rivers: An Annotated Bibliography (Porter, B., Collier, S., Becerra, N., and Schultz, J. 2001. National Park Service – Rivers and Trails Conservation and Assistance Program, Washington, DC. 27pp.).
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:
- 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 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...
A Section 5(d)(1) study river is protected to the extent of each study agency’s authority and not by the Wild & Scenic Rivers Act. Each agency’s policy is to protect eligible rivers and rivers determined suitable for designation for the life of the respective agency land use plan. A river determined not suitable for designation need no longer be protected as a potential addition to the National Wild & Scenic Rivers System once the study, with its related decision document, is completed.
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.
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.
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.
Once such a river has been found eligible, the federal study agency should, to the extent it is authorized under the Wild & Scenic Rivers Act 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.
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.
Amending the lateral boundary of a designated river requires analysis and decision under the National Environmental Policy Act (NEPA). The environmental analysis process need not be complicated and may only require the proposed action and a no-action alternative. Amendment of a wild and scenic river boundary may also be timed with revision of the comprehensive river management plan and related decision under the NEPA. In either case, notice of the amended boundary should be published in the Federal Register and the legal description and maps forwarded to Congress and made...
No. The designation does not supersede existing, valid water rights.
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.
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. Non-indigenous species need not be removed unless they are degrading other important resource values. Practical considerations, such as the effort or expense of eradicating a non-indigenous species and its importance (e.g., game species), should also be considered. This issue is generally addressed in the management plan.
Yes. There is no acreage limitation for less than fee title (e.g., easements), however.
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.
Should the purchase of land become necessary, condemnation is typically a last resort and only used when:
- Land is clearly needed to protect resource values, or provide necessary access for public recreational use, and a purchase price cannot be agreed upon.
- 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.
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.
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.