The National Wild and Scenic Rivers Act
The Wild and Scenic Rivers Act was passed into law in 1968. This landmark piece of legislation is largely unique in its scope and application and provides legislative recognition that "certain selected rivers" have "outstandingly remarkable" values and therefore should be preserved for all time in their free-flowing condition. Currently, considerably less than 1 percent of our nation's river miles have been included in the Wild and Scenic Rivers Act.
The Act provides comprehensive protection against federally licensed dams, diversions, and other river development on designated river sections.
Moreover, it sets aside a quarter-mile wide riparian corridor protection area. However, private lands in Wild and Scenic corridors are typically open to development.
Wild and Scenic Rivers are given one of three different classifications. These include wild, scenic, or recreational and correspond to varying degrees of preexisting development. Consequently, different sections of the same river may be assigned different classifications that reflect natural qualities and human impacts. It is important to remember that the Wild and Scenic Rivers Act applies to both entire rivers and river segments.
| Rivers can receive Wild and Scenic designation in several ways. Candidate rivers can be proposed by citizen groups or local governments for study with the help of a willing Representative who introduces a study bill for congressional approval. Once a river is accepted for study as part of the Wild and Scenic River System it is protected from development for up to six years.
Until recently, many rivers (including the entire state of Montana) considered logical candidates were overlooked and ignored. Recently, federal agencies such as the Forest Service, National Park Service, and the Bureau of Land Management have responded to an executive mandate and pressure from conservation groups such as American Rivers to evaluate rivers under their jurisdiction. This forced planners in national forests and other resource areas to recommend the "suitability" of certain rivers as Wild and Scenic to congress. |
Seven Foot Falls, Chattooga River, GA |
The evaluation process allows for considerable public input and examines both eligibility ("outstandingly remarkable" values) and suitability (is protection in the public interest?). The eligibility process determines which rivers meet the Wild and Scenic Acts criteria while the suitability stage examines both positive and negative human impacts of designation. In any case, politics plays a significant role throughout the process. This leads to the omission of some eligible rivers due to developmental interests. Some rivers that are found to be eligible are deemed unsuitable because designation would block some form of developmental planning. In theory, rivers that are eligible are supposed to be managed to preserve their Wild and Scenic values until a designation decision is made.
Another route to Wild and Scenic protection is found at the state level. Section 2(a)(ii) of the Act permits state governors to nominate candidate
rivers directly to the Secretary of the Interior. The proposed rivers must already be protected by the state and have appropriate management plans.
Additionally, they must pass through a National Park Service review and a public comment process. Rivers designated by the state must be managed by state or local agencies at no expense to the federal governments.
One of the most important features of the Wild and Scenic Rivers system is that it recognizes the inherent value of preserving wild rivers and seeks to
federally protect them. Once given Wild and Scenic designation, some of the most destructive threats to a river- dams and diversions, are eliminated.
Even the Federal Energy and Regulatory Commission (FERC) cannot override Wild and Scenic status.
Protected rivers under the Act are supposed to be managed according to specific guidelines under a comprehensive management plan which dictates
the kind and quality of uses for the waterways. Long-term management plans are worked out with the cooperation of local interests. Furthermore, to
preserve outstandingly remarkable values, federal land Wild and Scenic watersheds can be protected from harmful forestry practices.
The results are manifested in enhanced recreation and the protection of scenic values on Wild and Scenic Rivers. Wild and Scenic river segments
are supposed to exclude new mining claims and logging permits. To further protect against private resource extraction and inappropriate land use
practices some Wild and Scenic designations are accompanied by appropriations to buy property or conservation easements.
On the other side of the coin, Wild and Scenic Rivers do not provide ecosystem protection. Therefore, destructive activities can occur up or
downstream of designated sections and in watersheds and
floodplains. Unfortunately, development in the half-mile Wild and Scenic corridor is only
limited on federal lands. The fact that designation and its protection is virtually non-existent on private lands is a serious drawback.
References
David M. Bolling. 1994. How to Save a River: A Handbook for Citizen Action. Island Press
Source: Environmental Law
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