Wild and Scenic Rivers
Wild and Scenic Rivers Act
The Wild and Scenic Rivers Act of 1968, establishes a National Wild and Scenic Rivers System for the protection of selected national rivers and their immediate environments, which possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values which are to be preserved in free-flowing condition.
The Planning Rule requires forest and grassland plans to protect designated wild and scenic rivers as well as management of rivers found eligible or determined suitable for the National Wild and Scenic River system to protect the values that provide the basis for their suitability for inclusion in the system (36 CFR 219.10(b)(1)(v)).
Wild and Scenic Rivers in the Forest Planning Process
During the process for plan revision, the Planning Rule also requires the identification of the eligibility of rivers for inclusion in the National Wild and Scenic Rivers System, unless a systematic inventory has been previously completed and documented and there are no changed circumstances that warrant additional review (36 CFR 219.7(c)(2)(vi)).
Although not required during the forest plan revision process, the identification of the suitability of rivers for inclusion in the National Wild and Scenic Rivers Systems may also conducted.
Land management plans must contain plan components that meet the intent of the interim river protection measures for projects or activities, identified in FSH 1909.12, Chapter 80, Section 84.3. The plan components do not need to duplicate the interim protection measures. Learn about the National Environmental Policy Act (NEPA).
A Wild and Scenic Rivers (WSR) in Forest Planning Questions and Answers
Rivers are designated as part of the National System as specified in section 2(a) of the Wild and Scenic Rivers Act through:
An Act of Congress. Designated rivers are managed by one of four Federal agencies: the Bureau of Land Management, the National Park Service, the U.S. Fish and Wildlife Service, and the USDA Forest Service.
Secretary of the Interior. This designation process requires an act of the legislature of the State or States through which a river flows, and subsequent application by the Governor(s) of the concerned State(s) to the Secretary of the Interior.
The decision is that the forest plan provides protection of designated wild and scenic rivers as well as management of rivers found eligible or determined suitable for the National Wild and Scenic River system to protect the values that provide the basis for their suitability for inclusion in the system (36 CFR 219.10(b)(1)(v)).
When the eligibility studies are conducted during the forest plan revision process, the finding of eligibility or ineligibility for each river and, for each eligible river, its potential classification will be in an appendix to the environmental impact statement for the land management plan revision, and the findings will be summarized in the plan decision document.
When a wild and scenic river suitability study is conducted during the revision of a land management plan, the study report would be included in an appendix to the environmental impact statement. A wild and scenic river recommendation in the decision document based on a suitability evaluation would be a preliminary administrative recommendation that will receive further review and possible modification by the Chief of the Forest Service, Secretary of Agriculture, or the President of the United States.
Eligible River ~ A river segment that has been evaluated, and found to be free-flowing and, in combination with its adjacent land area, possesses one or more outstandingly remarkable values.
Suitable River ~ A river segment that a Federal agency has studied and determined to be suitable for inclusion in the National System, but it has not been statutorily designated. A river found suitable for inclusion in the National System is a river that the Forest Service will recommend or has recommended for inclusion in the System.
For forest plans for which a systematic inventory of eligible rivers has been completed, the extent of the study process during plan revision can be limited to evaluation of any rivers that were not previously evaluated for eligibility and those with changed circumstances.
While it is correct that suitability studies are not required to be conducted with forest plan revision, it would be beneficial to do so when possible. If suitability determinations and preliminary administrative recommendations are not made with the revision process, a separate analysis and decision would be needed for the determination and a plan amendment.
Because forest and grassland plans set forth the desired conditions across the plan area and are developed with consideration of integrated resource management, it would be better to conduct the analysis for suitability within the broader picture that comes with the revision analysis. Conducting the analysis with the revision process also eliminates the need for a separate environmental analysis.
Land management plans must contain plan components that meet the intent of the interim river protection measures for projects or activities, identified in FSH 1909.12, Chapter 80, Section 84.3. The plan components do not need to duplicate the interim protection measures.
Current Processes for Studies
Eligibility Process
- Define methods for identifying outstandingly remarkable values (ORV).
- Define the regions of comparison (ROC), components and measurements for identifying the presence of each ORV.
- Develop a list of rivers to be studied.
- Rivers in the planning area that may have a potential for WSR designation must be identified and evaluated.
- Public engagement on the Forest specific methods for identifying ORVs and list of rivers to be studied.
- Divide rivers into reaches of essentially similar character where appropriate.
- Each river is looked at as a whole, within the Forest’s administrative boundary. Divide rivers into segments only when there is a change in the river’s character.
- Determine if segments are free flowing.
- Evaluate each resource value and feature to determine ORVs.
- ​An interdisciplinary team of technical experts will determine the significance of resources in the region of comparison to identify ORVs.
- Document the eligibility study results.
- Assign a preliminary classification for each eligible river or segment.
- After the eligibility evaluation, assign a preliminary classification (Wild, Scenic or Recreational) to each eligible river or segment. Rational for each preliminary classification will be documented for each eligible river or segment
- Document all findings in an eligibility report.
- The eligibility findings and preliminary classification will be summarized in an eligibility report.
- Provide for public review and comment.
- Complete documentation of findings and consider feedback.
Suitability Process
- Define methods and parameters for determining suitability.
- ​The first step of the process is to define the methods and parameters that will be used to study the suitability of eligible rivers.
- Develop a list of rivers to be studied.
- ​The rivers to be studied for suitability are those rivers which a forest has previously determined to be eligible for inclusion in the NWSRS, but which have not yet been studied for suitability.
- Public engagement for forest-specific process and list of rivers to be studied.
- ​This provides an opportunity for the public to review an individual forest’s process and the preliminary list of eligible rivers to be studied.
- Evaluate each resource value and feature, based on the criteria developed in the forest-specific process.
- Document the results of the study in a suitability report.
- Provide for public review and feedback.
- ​The suitability report is made available to federal agencies and state, tribal, and local governments, conservation and user groups, and the interested public for comment and feedback.
- Complete documentation of findings and provide feedback.
- ​The feedback received during Step 6 should be given consideration, and the findings and report should be revised, as appropriate.