Wild and Scenic Rivers Act

Wild and Scenic Rivers Act. The Wild and Scenic Rivers Act is a landmark piece of U.S. federal legislation enacted in 1968 to preserve certain free-flowing rivers with outstanding natural, cultural, and recreational values. It established the National Wild and Scenic Rivers System, creating a national policy to protect the character of designated rivers from harmful development, such as dam construction. The Act was a direct response to the rapid damming and modification of American waterways and serves as a counterbalance to other federal projects like those managed by the United States Army Corps of Engineers.

Background and legislative history

The movement for river conservation gained significant momentum in the 1950s and 1960s, fueled by successful opposition to specific dam projects like the proposed Echo Park Dam in Dinosaur National Monument. Key figures such as Frank Church and John Saylor championed the legislative effort, drawing inspiration from earlier studies like the Outdoor Recreation Resources Review Commission report. The Act was also influenced by the broader environmental movement and the success of other conservation laws, including the Wilderness Act of 1964. It was signed into law by President Lyndon B. Johnson on October 2, 1968, with initial segments of eight rivers, including the Rogue and Salmon, receiving immediate designation.

Designation process and criteria

Rivers are added to the system either by an act of Congress or through a state nomination process reviewed by the Secretary of the Interior or the Secretary of Agriculture. To be eligible, a river or river segment must be free-flowing and possess one or more "Outstandingly Remarkable Values" (ORVs) related to its scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar qualities. The evaluation process often involves studies by federal agencies like the National Park Service, the United States Forest Service, or the Bureau of Land Management. A critical step is the determination that the river's water quality and free-flowing condition are protected, often requiring coordination with state governments under laws like the Clean Water Act.

River classifications and protections

The Act classifies designated river segments into three categories: Wild, Scenic, and Recreational. "Wild River" areas are generally primitive and inaccessible except by trail, representing vestiges of pre-settlement America, such as portions of the Alagnak River in Alaska. "Scenic River" areas are largely undeveloped but accessible in places by roads, like sections of the Delaware River. "Recreational River" areas are readily accessible and may have some development, exemplified by parts of the Missouri River. The primary protection is the prohibition of new FERC-licensed dams and other water resource projects that would adversely alter the river's character, though existing water rights and private property are generally recognized.

Administration and management

Management is decentralized and involves multiple federal agencies and state partners. The National Park Service typically administers rivers located outside National Forest or Bureau of Land Management lands, while the United States Forest Service manages designated rivers within National Forest boundaries, such as those in the Sierra Nevada. The Bureau of Land Management oversees rivers on its public lands. Management requires the development of a comprehensive plan that coordinates with local, state, and other federal agencies, often involving entities like the United States Fish and Wildlife Service for habitat concerns. The guiding principle is to protect and enhance the values that prompted the river's designation.

Impact and legacy

The Act has preserved over 13,000 miles of more than 200 rivers in 40 states and Puerto Rico, protecting iconic waterways like the Snake River and the Rio Grande. It created a durable legal framework that has withstood development pressures, complementing other protective systems like the National Park System and National Wilderness Preservation System. Its legacy includes fostering a river-specific conservation ethic and inspiring similar state-level programs. The system continues to grow, with recent additions including segments of the Nashua River and efforts to study rivers like the York River for potential future designation under the ongoing work of agencies and advocacy groups like American Rivers. Category:United States federal environmental legislation Category:1968 in American law Category:Rivers of the United States