managing a wild and scenic river - the wild and scenic rivers act and comprehensive management plans...

Managing a Wild and Scenic River

The Wild & Scenic Rivers Act

and Comprehensive River Management Plans

derived from the Interagency

Wild & S cenic R ivers C oordinating C ouncil

Today’s Instructors

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Randy Welsh Wild and Scenic Rivers Program Lead – WO FS rwelsh@fs.fed.us 202-205-9333

Sid Woods Wild and Scenic Rivers/ Bridger-Teton NF swoods@fs.fed.us Xxx-xxx-xxxx

Desired Outcomes What will be different… B asic Understanding WS R A

C lear Management Implications

G uidance for Decis ion Makers re: Proposed Projects

C ontents/E lements of C R MP

OR V’s

Mapping

Practices Detailed R iver C orridor B oundary

Protect/E nhance Mandate: effect on existing activities

E valuating Proposed Activities on Federal Lands

Course Content Intent of WS R A Key Provis ions C R MP’s B aseline Descriptions B oundaries C apacity C onundrum Proof in the P udding (monitoring)

Audience Q and A

Pre-Test

• What do you already know about WSR’s?

• Please answer the 10 questions.

Intent of WSRA

To complement the national policy of dam and other construction

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12,597 river miles protected under WSRA

< 1% of rivers designated

860,000 river miles dammed, dredged or channelized

24% of rivers affected

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

Designated Wildand Scenic Rivers

Nationwide RiversInventory

Dammed,Channelized &

Dredged

Total

Miles 12,597 84,634 860,000 3,500,000

America's Rivers

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Intent of WSRA

To protect and enhance…

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Free-Flowing Condition

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Water Quality

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Outstandingly Remarkable Values (ORVs)

Overview of WSRA

• 1(b) – Policy • 2(a) and 2(a)(ii) – System • 2(b) – Classification • 3 – Plan • 6 – Acquisition • 7(a) – Water Resources

Projects • 8(a) - Withdrawals

Overview of WSRA

• 9(a) - Minerals • 10 – Management Direction • 11(b)(1) - Assistance • 12 – Management Policies • 13 – Jurisdictions

Declaration of Policy S ection 1(b)

“…declared to be the policy of the United States that certain selected rivers… …be protected for the benefit and enjoyment of present and future generations.”

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Intent of WSRA

Protect and Enhance:

• Free-Flowing Condition

• Water Quality • ORVs

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Declaration of Policy S ection 1(b)

Protect Values Free-flowing C ondition

Water Quality

OR Vs

Define OR Vs G uide Future Management Actions

B asis for C orridor B oundary

B aseline for Monitoring

S cenic R ecreational G eologic Fish and Wildlife Historic C ultural Other S imilar Values

River Classification Section 2(b)

• Wild

• Scenic

• Recreational

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River Classification

Wild

River Classification

Scenic

River Classification

Recreational

Classification S ection 2(b)

Three C lasses Wild, S cenic and R ecreational

Describes Type/Intensity of E xisting Development

Framework for Future Land Management Activities

Protections in S ec. 7(a) and 10(a) Independent of C lass ification

Existing Rights S ection 12(b)

E xisting R ights or Privileges on Federal Lands cannot cause degradation of values below conditions at time of des ignation.

Boundary S ections 3(b)and (c)

B ank-to-B ank Unacceptable

OR Vs - B as is for E stablishment

Does Not Need to be Marked On-the-G round

P ublish Notice of Availability in Federal R egister

E ffective 90 Days After Transmittal to C ongress

Management Direction S ection 10(a)

Protect and E nhance Nondegradation/E nhancement Policy

Protect by E liminating Adverse E ffects

E nhance by Improving C onditions

P ublic R ecreation/Us e Must Not Adversely Impact/Degrade Values

Management of WSRs in Wilderness

S ection 10(b)

More R estrictive Provis ions

Note the language in some wild corridors in wilderness; i.e., to manage as a wild river. This is typically done to allow uses or facilities inconsistent with Wilderness Act (e.g. on-river motorized use on the Rogue, Salmon WSRs).

Management Plan S ections 3(d)(1) and (d)(2)

1986 G eneric Amendment

R equires C omprehensive R iver Management Plan OR Vs, G oals , Des ired C onditions

Land/Facility Development

User C apacities

Water Quality and Instream Flow

C ollaborative Approach

R egulatory Authorities

Monitoring

Management Plan S ections 3(d)(1) and (d)(2)

Programmatic Plan National E nvironmental Policy Act

(NE PA)

Developed Within/Amend Agency Plans

P ublish Notice of Availability in Federal R egister

WSRs Administered by NPS and US FWS

S ection 10(c)

Apply Most R estrictive Provis ions

Use G eneral S tatutory Authorities

WSRs Administered by US FS

S ection 10(d)

Use G eneral S tatutory Authorities

R equires S pecial-Use Permits for C ommercial G uide S ervices

5(d)(1) rivers have agency interim management guidelines

Cooperative Agreements S ection 10(e)

E ncourages Federal-S tate Partnerships

Authority to E ffect Written C ooperative Agreements

Federal Assistance S ection 11(b)(1)

Authorizes Technical Ass istance and Limited Financial Ass istance

Applies Within and Proximate to Designated WS R

Water Resources Projects S ection 7(a)

Administering Agency R esponsible

FE R C Facilities Prohibited

Other WR Ps E valuated Under “Direct and Adverse” S tandard

WR Ps B elow, Above or Tributary E valuated Under “Invade or Unreasonably Diminish” S tandard

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Standards for Evaluation of a Water Resources Project

Proposed hydropower facilities (FERC-licensed)

Outside the WSR Corridor (upstream, downstream or

tributary) On or directly affecting

Proposed hydropower facilities (FERC-licensed)

Invade the area or unreasonably diminish

Invade the area or unreasonably diminish

Direct and adverse affects

Within the WSR Corridor

Other proposed federally assisted WRPs

Other proposed federally assisted WRPs

To Scenic, Recreational, Fish and Wildlife Values

To Free Flow, Water Quality, and ORV’s

WRP3 assisted by

federal agency

WRP2 licensed by Federal Energy Regulatory

Commission (FERC)

Evaluative Standard

Evaluative Standard

Standard’s application

Evaluation

Requirements of Standard

WRP licensed or assisted

by federal agency

Evaluative Standard

Act Requirements

Act Requirements

Act Requirements

Evaluation

Requirements of Standard

Water Resources Project (WRP) within a WSR (“Within” Flowchart)

Water Resources Project (WRP) outside a WSR (“Outside” Flowchart)

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Adverse effects Adverse effects - avoidance measures

No adverse effects

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Section 7 Outcomes

Management Policies S ection 12(a)

Direction to Other Federal Agencies

Activities Within or Proximate

Water Pollution S ection 12(c)

C ooperate with E PA/S tate

E nforcement Through E PA/S tate

Fish and Wildlife J urisdiction

S ection 13(a)

Preserves S tate R ole

Partner with S tate

Federal Reservation Of Water

S ection 13(c) and 13(e)

E stablishes a Federal R eserved Water R ight

Quantity Necessary to Achieve Purposes

Describe OR V Dependency on Flow in C R MP

Interstate C ompacts Unaffected (13(e))

Navigable Rivers S ection 13(f)

S tate’s R ights Unaffected

Partner with S tate to Protect

C onsult with Legal C ounsel R egulating Use C onsidered

Easements and ROW S ection 13(g)

E asements on Federal Lands S ubject to C onditions to Protect Values

E valuate In-C hannel C omponent of E asement Proposal as WR P

References

DOI and US DA Interagency G uidelines – Fed. R eg., Vol. 47, No. 173; S ept. 7, 1982

Agency Direction B LM Manual 8351

Forest S ervice Manual 2354

NPS Working on G uidance

IWS R C C G uidance

Crystal Creek Slide

Largest Mass Movement in U.S. In Last Decade

Case study ORVs

Scenic ORV

• River Related or River Dependent: River-related scenery is considered views of the river and its immediate environs and/or scenes from the river of distant landscapes where the river factors into the foreground view.

• Regional or National Context – The greater Yellowstone ecosystem is uniquely identifiable from scenery across the nation or internationally.

• Rare – The scenery represents an example of views that are uncommon within the national context.

• Unique – The scenery represents a singular example of views within the regional or national context (Red/lavender hills

• Exemplary – The scenery represents a conspicuous example among other similar views within the regional or national context.

Scenic?

Recreation ORV

Recreation

Boundary Drawing Breakout Session

Case Study Goals

Existing rights/ privileges

• Outfitter permits • WGFD elk

management areas • Rights-of-way • Minerals • Private lands

Grazing permits Breakout session

• Sheep and cattle

allotments • Forest Plan direction • Meeting non-degradation

standard

Desired Conditions • Not all Goals or

Objectives can be achieved in same places

• Desired Condition descriptions create management zones

• Zones coupled with differing management standards

Desired Conditions case study

• Desired Future Condition 3: River Recreation (outside Wns)

• Eligible WSR segments protected from activities that could diminish free-flow, water quality, or values making them eligible.

Desired Future Condition zones B-C-D

Management Emphasis

• All designated river segments will be managed to protect and enhance their outstandingly remarkable values (described in detail in applicable Comprehensive River Management Plan), free-flowing condition, and water quality for future generations. This protection, defined as a non-degradation standard, derives from a baseline of developments, conditions and ecosystem functions present at the time of designation.

“Experience” zones River classification correlation

• B: ready access from highway and developed boating and camping facilities; high numbers of visitors and large group sizes

Experience zones, contd

• C: Boat launches primitive, campgrounds few, opportunities for dispersed camping and day use, smaller groups.

• D: wild rivers, located outside of designated Wilderness or Wilderness Study Areas (WSA)

Case study: experience not = class • Hoback River • Recreational class • Paved scenic byway • Small campground • Limited dispersed

camping • Short on-river

season • Developments on

private land

Management Direction

• Scenery Management Guideline: Management practices should maintain a high level of scenic integrity…Changes in visual character resulting from natural processes…should only be modified where necessary to provide for public safety or to maintain critical infrastructure.

Standards by zone Resource Area

DFC 3B

DFC 3C

DFC 3D DFC 6/6S

Dispersed Camping

None allowed in corridor during the high use season, between May 1 and Labor Day.

Allowed except where seasonally prohibited. All vehicles at dispersed campsites shall remain outside a 100’ setback from waterways; Hitching, tethering or picketing pack and saddle stock shall remain outside 200’ lake and 100’ stream setbacks.

Hitching, tethering or picketing pack and saddle stock shall remain outside 200’ lake and 100’ stream setbacks.

Land/Facilities Development Resource Area

DFC 3B

DFC 3C

DFC 3D DFC 6/6S

Recreation Facilities and Structures

No new campgrounds; other facilities may be approved, appropriate to setting; enhancements of existing facilities are allowed.

New and existing developed sites, river access, trailhead facilities, interpretive sites are allowed appropriate to setting. Facilities that might result in a more developed classification would not be allowed.

No facilities allowed, although minimal structures such as bear poles may be installed to protect identified values.

Monitoring

Indicators

Variables that can be measured to track change in conditions caused by human activity

Indicator Criteria and Purpose

Meaningful

• Sensitive • Responsive

Reliable

• Objective • Repeatable

Feasible

• Cost effective • Baseline data available • Minimum impact

Focus data collection efforts

Translate desired character into something measurable

Track trends in conditions over time

Evaluate effectiveness of management

Thresholds

Scientific vs. social tipping points Thresholds should be informed by science, but setting amounts is a value-based decision

Determining the Measure: based on management experience, academic literature, scientific research, law and policy, and other sources thresholds may vary across river segments according to the desired conditions established for each

Threshold amount will trigger management action to address negative trends in indicator measurements

Visitor Capacity

• Merced River: Court direction • Evaluate impacts of existing

infrastructure/ policies: not a given baseline

• Thresholds trigger action before degradation occurs

Merced River • Yosemite experience: • Visitor numbers already creating impacts • Indicators and thresholds • Set numbers above point of likely

degradation

Snake River

• Effort at determining capacity consistent with threat to river values

• Discuss but set no current limits on low-use areas

• Behavior changes can be more effective than numeric limits

• Incorporate existing numeric decisions if effective at protection

Collaboration

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Additional Resources IWSRCC

www.rivers.gov

River Management Society www.river-management.org

River Network www.rivernetwork.org

WSRA Intent

C omplement National Policy of Dam and Other C onstruction

Protect and E nhance: Free-flowing C ondition

Water Quality

OR Vs

E stablish Process to Add R ivers to the National S ystem

Managing: Key Points

3-Fold Purpose

B oundary R equired

C R MP

S ec. 7(a)

S ec. 10(a)

S ec. 12(a)

Help

Acknowledgements Interagency Wild & Scenic

Rivers Coordinating Council

rivers.gov River Management Society

river-management.org

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