Wild and Scenic Rivers Act
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| Wild and Scenic Rivers Act | |
|---|---|
| Name | Wild and Scenic Rivers Act |
| Enacted | October 2, 1968 |
| Jurisdiction | United States |
| Administered by | National Park Service, Bureau of Land Management, United States Forest Service |
| Status | active |
Wild and Scenic Rivers Act
The Wild and Scenic Rivers Act preserves selected rivers in the United States in free-flowing condition to protect their outstanding natural, cultural, and recreational values. Enacted in 1968 during the administration of Lyndon B. Johnson, the Act created a national system that contrasts with extensive damming and reservoir development exemplified by projects of the Tennessee Valley Authority and the U.S. Bureau of Reclamation. The legislation involved lawmakers, conservation groups, and regional interests such as Sierra Club, The Wilderness Society, and the National Wildlife Federation.
Background and enactment
Legislative momentum followed high-profile campaigns by David Brower, Howard Zahniser, and organizations reacting to projects like the Glen Canyon Dam on the Colorado River and proposals affecting the Siskiyou National Forest and Oregon waterways. Congressional hearings involved members of the Senate Interior Committee and the House Committee on Interior and Insular Affairs with testimony from representatives of National Audubon Society, American Rivers, and state agencies such as the California Department of Fish and Wildlife and the Alaska Department of Natural Resources. The bill passed amid debates over states' rights involving legislators from Idaho, Montana, Wyoming, and Arizona and was signed into law by President Johnson.
Purpose and criteria for designation
The Act aims to protect rivers with "outstandingly remarkable values" including scenic, recreational, geologic, fish and wildlife, historic, cultural, and similar values. Designation criteria consider features linked to places like the Grand Canyon National Park, Yellowstone National Park, Denali National Park and Preserve, and the Appalachian Mountains corridor. Agencies evaluate hydrologic integrity associated with basins such as the Columbia River Basin, Mississippi River Basin, Sacramento River, and St. Lawrence River tributaries. Scientific input has come from institutions including Smithsonian Institution, U.S. Geological Survey, National Oceanic and Atmospheric Administration, and university programs at University of California, Berkeley, Montana State University, and University of Washington.
Wild and Scenic River classifications and protections
The statute established classifications as "wild", "scenic", or "recreational" reflecting conditions similar to protections in Yellowstone River segments, Salmon River corridors, and portions of the John Day River. "Wild" designations protect primitive character akin to portions of Boundary Waters Canoe Area Wilderness, while "scenic" parallels resources found in Shenandoah National Park and "recreational" corresponds to developed access similar to areas managed by the National Park Service and U.S. Forest Service. Protections bar federal dam construction like those undertaken by the Army Corps of Engineers on the Missouri River and restrict water resource projects under statutes such as the Federal Power Act unless compatible.
Administration and management
Administration is shared among National Park Service, Bureau of Land Management, and United States Forest Service with roles for state agencies in California Natural Resources Agency, Montana Department of Natural Resources and Conservation, Pennsylvania Department of Conservation and Natural Resources, and tribal governments like the Navajo Nation and Confederated Salish and Kootenai Tribes. Management plans coordinate with statutes and programs including the Endangered Species Act, National Environmental Policy Act, Clean Water Act, and plans by the U.S. Fish and Wildlife Service. Cooperative agreements have involved nonprofit partners such as The Nature Conservancy, Trout Unlimited, and River Network.
Designation process and major designated rivers
Designations occur by Act of Congress or by Secretary of the Interior action upon state nomination, often following studies by the U.S. Bureau of Outdoor Recreation and modern assessments by the National Wild and Scenic Rivers System staff. Major designated rivers include the Niagara River, Chattooga River, Snake River segments, Merced River through Yosemite National Park, Middle Fork of the Salmon River, and the Rogue River. Other prominent inclusions are parts of the Rio Grande, Siletz River, San Juan River, Klamath River, Ozark National Scenic Riverways waterways, and the Allagash River in Maine. State-level champions have included legislators from Oregon State Senate, Washington State Legislature, and activists in Florida and Louisiana.
Impacts and controversies
The Act has prevented large dams in many corridors but generated disputes with stakeholders such as hydropower developers operating under licenses from the Federal Energy Regulatory Commission and with agricultural interests in the Central Valley Project and Colorado River Compact states. Conflicts arose over land use near urban centers like Portland, Oregon, Denver, and San Francisco as well as resource extraction proposals from companies operating in regions such as the Appalachian coalfields and Alaskan oil fields. Litigation has involved courts including the U.S. Supreme Court and United States Court of Appeals for the Ninth Circuit, and controversies touched on tribal sovereignty disputes involving Bureau of Indian Affairs and treaty rights affirmed in cases like Worcester v. Georgia-era precedents.
Amendments and related legislation
Subsequent amendments and related laws include the National Wild and Scenic Rivers Act amendments, designations via bills authored by members of the U.S. Congress from states such as Alaska, Idaho, and Georgia, and interaction with the Federal Land Policy and Management Act and the National Trails System Act. Related conservation measures include protections in Wilderness Act designations, cooperative watershed programs under the Water Resources Development Act, and state statutes like the California Wild and Scenic Rivers Act initiatives. NGOs such as Friends of the Earth and policy groups including the Environmental Defense Fund have influenced amendments and implementation.