Wild and Scenic Wild and Scenic RiversRivers

““LESSONS LEARNED TO LESSONS LEARNED TO AVOID LITIGATION”AVOID LITIGATION”

Summary of PlanningSummary of Planning

1993 -- Wild & Scenic 1993 -- Wild & Scenic River Management PlanRiver Management Plan

Upgrade of several Upgrade of several roadsroads

New parking lot at New parking lot at Riddle Brothers Riddle Brothers RanchRanch

Divert water to Divert water to maintain meadowsmaintain meadows

Corridor to include Corridor to include campgrounds and campgrounds and housing at Riddle housing at Riddle Brothers RanchBrothers Ranch

Plan appealed but Plan appealed but not stayednot stayed

1993 -- Recreational 1993 -- Recreational Access Surrounding Access Surrounding the Steens Mountain the Steens Mountain Loop Road PlanLoop Road Plan

Upgrade of Upgrade of several roadsseveral roads

New parking lot New parking lot at Riddle Brothers at Riddle Brothers RanchRanch

Litigated but Litigated but upheldupheld

The Donner und Blitzen The Donner und Blitzen

Wild and Scenic RiverWild and Scenic RiverA River Manager’s PerspectiveA River Manager’s Perspective

Omnibus Oregon Wild Omnibus Oregon Wild and Scenic Rivers Act and Scenic Rivers Act

of 1988of 1988 All 87.5 miles classified All 87.5 miles classified “wild”“wild”

Includes:Includes: Riddle Brothers Riddle Brothers

National Historic National Historic DistrictDistrict

Numerous two-track Numerous two-track roadsroads

Steens Mountain Steens Mountain National Back National Back Country BywayCountry Byway

Two campgroundsTwo campgrounds Irrigated meadowsIrrigated meadows

Outstandingly Remarkable Outstandingly Remarkable ValuesValues

SceneryScenery GeologyGeology RecreationRecreation Fish and WildlifeFish and Wildlife VegetationVegetation Cultural (Historic and Cultural (Historic and

Prehistoric)Prehistoric)

Conflicting Values and Conflicting Values and UsesUses

“Management Challenges”“Management Challenges” RoadsRoads Special Status FishSpecial Status Fish Water QualityWater Quality Riddle Brothers Riddle Brothers

National Historic National Historic DistrictDistrict

GrazingGrazing Wild HorsesWild Horses Public SafetyPublic Safety Resource ProtectionResource Protection Wilderness Study Wilderness Study

AreasAreas ACECsACECs

Summary of Planning, Summary of Planning, cont.cont.

1995 -- Riddle Brothers 1995 -- Riddle Brothers Ranch Historic District Ranch Historic District PlanPlan

Continue to graze Continue to graze meadowsmeadows

Continue to divert Continue to divert to meadowsto meadows

Upgrade road to Upgrade road to historic and historic and administrative sitesadministrative sites

New parking lot at New parking lot at Riddle Brothers Riddle Brothers RanchRanch

Administrative Administrative appeal dismissedappeal dismissed

1995 -- South Steens 1995 -- South Steens Allotment Allotment Management PlanManagement Plan

Continue to graze Continue to graze WSR corridorWSR corridor

Administrative Administrative appeal, actions appeal, actions not stayednot stayed

1995 -- BLM Litigated in 1995 -- BLM Litigated in U.S. District CourtU.S. District Court

Previous plans do not provide protection Previous plans do not provide protection and enhancement to ORVsand enhancement to ORVs

1997 -- BLM enjoined 1997 -- BLM enjoined from grazing, from grazing,

upgrading roads, upgrading roads, constructing parking constructing parking lots, and diverting lots, and diverting

water until an EIS is water until an EIS is completedcompleted

Lessons LearnedLessons Learned

Give serious consideration to an EIS when this Give serious consideration to an EIS when this many plans overlapmany plans overlap

Ask if other plans cumulatively protect and Ask if other plans cumulatively protect and enhance free flow, water quality, and ORVsenhance free flow, water quality, and ORVs

The designation of a WSR should cause The designation of a WSR should cause management to reconsider objectives of other management to reconsider objectives of other plansplans

If at all possible, field staff should be involved in If at all possible, field staff should be involved in establishment of WSR boundaries and establishment of WSR boundaries and classificationclassification

Protecting and Enhancing Protecting and Enhancing Wild and Scenic River Wild and Scenic River

ValuesValues Sections 7 and 10 of the Wild and Scenic Rivers ActSections 7 and 10 of the Wild and Scenic Rivers Act

Wild and Scenic Rivers Wild and Scenic Rivers Act: Section 7Act: Section 7

Requires river-Requires river-administering agencies administering agencies to evaluate the effects to evaluate the effects of proposed, federally of proposed, federally assisted, water assisted, water resource projectsresource projects

Applies to Applies to designated and designated and congressionally congressionally authorized study authorized study riversrivers

Does not apply to Does not apply to eligible or suitable eligible or suitable rivers identified rivers identified through agency through agency planning processplanning process

Water Resource Water Resource ProjectsProjects

DamsDams ReservoirsReservoirs Water ConduitsWater Conduits PowerhousesPowerhouses Transmission LinesTransmission Lines LeveesLevees 404 Permit Activities404 Permit Activities Road ConstructionRoad Construction

Water Diversion Water Diversion ProjectsProjects

Habitat/Watershed Habitat/Watershed RestorationsRestorations

Habitat/Watershed Habitat/Watershed EnhancementsEnhancements

Bridges/Road Bridges/Road ConstructionConstruction

Bank StabilizationsBank Stabilizations ChannelizationChannelization Boat RampsBoat Ramps Fishing PiersFishing Piers

Federal AssistanceFederal Assistance

LoansLoans GrantsGrants LicensesLicenses PermitsPermits FundingFunding Technical Technical

assistanceassistance

Section 7 Evaluation Section 7 Evaluation StandardsStandards

Project Within the Designated or Study River CorridorProject Within the Designated or Study River Corridor FERC licensedFERC licensed

““On or directly affecting”On or directly affecting” Other federal assistanceOther federal assistance

““Direct and adverse effects” on free flow, water Direct and adverse effects” on free flow, water quality, and ORVsquality, and ORVs

Project Outside the Designated River CorridorProject Outside the Designated River Corridor ““Invade or unreasonably diminish” scenic, Invade or unreasonably diminish” scenic,

recreational, fish and wildlife valuesrecreational, fish and wildlife values Project Outside the Congressional Study River CorridorProject Outside the Congressional Study River Corridor

““Invade or diminish” scenic, recreational, fish or Invade or diminish” scenic, recreational, fish or wildlife valueswildlife values

Section 7 Section 7 DeterminationDetermination

Independent of NEPA processIndependent of NEPA process Documented and appended to environmental Documented and appended to environmental

analysisanalysis May recommend measures to eliminate adverse May recommend measures to eliminate adverse

effectseffects Requires close coordination with Requires close coordination with

proponent/regulating agencyproponent/regulating agency Responsibility of river-administering agencyResponsibility of river-administering agency

Section 7 Section 7 Determination Determination

Elements (Within Elements (Within Corridor)Corridor) Describe the projectDescribe the project

Describe alterations to Describe alterations to within channel within channel conditionsconditions

Describe effects to Describe effects to riparian and floodplainriparian and floodplain

Describe effects to Describe effects to upland upland

Describe effects to Describe effects to existing hydrologic or existing hydrologic or biologic processesbiologic processes

Section 7 Section 7 Determination Determination Elements, cont.Elements, cont. Describe indirect Describe indirect

effectseffects Describe time scale Describe time scale

of effectsof effects Compare to Compare to

objectivesobjectives Make determination Make determination

on effects to free on effects to free flowing condition flowing condition and valuesand values

Wild and Scenic Rivers Wild and Scenic Rivers Act: Section 10Act: Section 10

Requires administering Requires administering agencies to protect and agencies to protect and enhance values that enhance values that supported inclusion in supported inclusion in National WSR System National WSR System (free flow, water quality, (free flow, water quality, ORVs)ORVs)

Allows use of any Allows use of any general agency general agency statutory authorities statutory authorities available to protect available to protect resourcesresources

Authorizes cooperative Authorizes cooperative agreements with states agreements with states and local governments and local governments for river administrationfor river administration

Further ReferenceFurther Reference

www.nps.gov/riverswww.nps.gov/rivers