The National Wild & Scenic Rivers Act is the nation’s primary river conservation tool. Congress passed the Act in 1968 to protect America’s free-flowing waterways after tens of thousands of rivers had been developed and dammed for water, power, and flood control. The Wild and Scenic Rivers Act balances this development with a policy of protecting some free-flowing rivers with outstanding natural and cultural values for the benefit and enjoyment of present and future generations.  

Rivers, creeks, streams, and small lakes are among the waterways that can be protected as Wild and Scenic Rivers. In order to qualify for designation as a Wild and Scenic River, waterways must be free of dams and possess at least one “outstandingly remarkable value” such as “scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values.”

Upon signing the Wild and Scenic Rivers Act on October 2, 1968, President Lyndon Johnson remarked:

“An unspoiled river is a very rare thing in this Nation today. Their flow and vitality have been harnessed by dams and too often they have been turned into open sewers by communities and by industries. It makes us all very fearful that all rivers will go this way unless somebody acts now…”

The Wild and Scenic Rivers Act protects the free and natural flow of a river and its special features. In particular a designation:

• Protects the free-flowing character of the river by prohibiting new dams or new other water resource projects on the designated reach;
•  Safeguards clean water;
• Preserves enough water in the river while explicitly protecting existing water rights;
• Prevents activities that would significantly harm the river’s character and outstanding values such as recreation, scenery, fish and wildlife, or cultural values;
• On public land, protects land along the river— in the form of a quarter-mile protective buffer;
• Preserves public enjoyment and access and often leads to access improvement;
• Often leads to additional resources for river restoration;
• Requires development of a comprehensive management plan with input from tribes, local governments, landowners and other stakeholders.

Streams and rivers are protected through an act of Congress signed by the President. Federal land management agencies, like the Forest Service, may study and make recommendations to Congress as to whether certain rivers should be protected, but Congress makes the final decision. In addition, the Governor of a state may request that a river be added to the system upon the approval of the Secretary of the Department of Interior, but most Wild and Scenic rivers are added to the system by an act of Congress.

Sections of Wild and Scenic Rivers are classified as wild, scenic, or recreational, as the Act recognizes that rivers have different levels of development along their banks.  The Act attempts to protect rivers in their current state. Regardless of classification, each river in the National System is administered with the goal of protecting and enhancing the values that caused it to be designated.

Wild and Scenic corridor boundaries on federal lands are established to protect a river’s free- flowing condition, water quality, and special values for which it was designated. In Oregon the width of the corridor is either ¼ mile or ½ mile on either side of the river.

 No. The act respects and protects private property rights. The National Wild and Scenic Rivers Act does not give the federal government authority to regulate or zone private lands. Land use controls on private lands are solely a matter of state and local zoning. Although the Act includes provisions encouraging the protection of river values through state and local land use planning, there are no binding provisions on local governments. In the absence of state or local river protection provisions, the federal government may seek to protect values by providing technical assistance, entering into agreements with willing landowners and/or through the voluntary purchase of easements, voluntary exchanges, or voluntary acquisition of private lands.

No. Other than prohibiting federal permits, funding, or other support for new dams and diversions on protected river segments, there is no change in management on state lands along Wild & Scenic Rivers. The Act encourages federal agencies managing designated rivers to develop cooperative agreements with state and local authorities. Federal river protection improves the opportunity for grant funding for restoration projects and other activities beneficial to the protected rivers.

No. The state’s authority to regulate water rights remains unaffected by designation. The Act does expressly reserve the quantity of water necessary to protect river values, including water quality and flow-dependent values for which the river was designated. This reservation of water is called a federal reserved water that begins at the date of designation and is junior to all other existing rights.

Yes. Generally, Wild and Scenic River designation does not affect existing livestock grazing and related infrastructure. However, if grazing practices on public lands are degrading water quality or harming the special values for which a river was designated, the managing agency may modify grazing to protect values such as fish or wildlife.  Since many rivers under consideration are already managed as “eligible” Wild and Scenic Rivers, they are usually already managed to preserve these values.

 Yes. The Wild and Scenic Rivers Act does not prohibit the use of motorized vehicles on land or on water within designated river corridors. In fact, several of the most well-known Wild and Scenic rivers in the country allow jet boating, including sections of the Rogue, Snake, and Salmon rivers. Motorized use within designated river corridors may be restricted through the river management planning process to protect the special values of the river, however it is typically allowed to continue if it was occurring prior to designation.

Wild and Scenic designation neither limits the public from accessing public lands within designated river corridors nor opens private lands to public access. Designation has no effect on fishing and hunting, as those activities are regulated under state laws. Where hunting and fishing were allowed prior to designation, they may continue. In general, Wild and Scenic designation does not restrict boating access unless specific issues have been identified in the river management planning process.

State and local authorities alone guide timber management activities on non-federal lands within Wild and Scenic River corridors. Other existing requirements to protect riparian lands, wetlands, and other resource values are guided by other state or federal law other than the Wild and Scenic Rivers Act.

 After designation the management agency works with local communities to develop a Comprehensive River Management Plan (Plan) to guide management of the river including to ensure private property rights are respected. Tribes, local governments, businesses, and landowners are key players in the development of a Plan.

A Wild & Scenic designation includes a built-in flexibility that allows managers to meet the diverse river conservation needs of every community. Designation does not halt the use of a river, but rather preserves the character of the river. This flexibility means that a Wild and Scenic designation is sought after to preserve quality of life and property values.  Lastly, a designation is a badge of honor and helps secure economic benefits for local businesses operating on or near designated rivers.