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Wild and Scenic Rivers

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Wild and Scenic Rivers Wild and Scenic Rivers Background and Study Process Wild and Scenic Rivers For reader convenience, all wild and scenic study documents are compiled here, including duplicate sections that are also found in the Final Environmental Impact Statement, Appendix E Wild and Scenic Rivers. Wild and Scenic Rivers Background and Study Process Summary of Wild and Scenic Wild and Scenic Rivers River Eligibility Inventory by Forest Wild and Scenic Rivers Background and Study Process Background Congress enacted the Wild and Scenic Rivers Act (WSRA) in 1968 to preserve select river's free- flowing condition, water quality and outstandingly remarkable values. The most important provision of the WSRA is protecting rivers from the harmful effects of water resources projects. To protect free- flowing character, the Federal Energy Regulatory Commission (which licenses nonfederal hydropower projects) is not allowed to license construction of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works on or directly affecting wild and scenic rivers (WSRs). Other federal agencies may not assist by loan, grant, and license or otherwise any water resources project that would have a direct and adverse effect on the values for which a river was designated. The WSRA also directs that each river in the National Wild and Scenic Rivers System (National System) be administered in a manner to protect and enhance a river's outstanding natural and cultural values. It allows existing uses of a river to continue and future uses to be considered, so long as existing or proposed use does not conflict with protecting river values. The WSRA also directs building partnerships among landowners, river users, tribal nations, and all levels of government. Beyond the immediate protection afforded to the eight rivers in the enabling legislation, the WSRA established a process for building a legacy of protected rivers. Rivers may be identified for study by an act of Congress under Section 5(a), or through federal agency-initiated study under Section 5(d)(1). By the end of 2002, Congress had authorized 138 rivers for study. Section 5(d)(1) directs federal agencies to consider the potential of WSRs in their planning processes, and its application has resulted in numerous individual river designations, and state and area-specific legislation. Both Sections 5(a) and 5(d)(1) studies require determinations to be made regarding a river's eligibility, classification and suitability. Eligibility and classification represent an inventory of existing conditions. Eligibility is an evaluation of whether a river is free-flowing and possesses one or more outstandingly remarkable values (ORVs) including scenery, recreation, geology, fish and wildlife, history, cultural (prehistoric), or similar values. If found eligible, a river is analyzed as to its current level of development (water resources projects, shoreline development, and accessibility) and a recommendation is made that it be placed into one or more of three classes—wild, scenic or recreational. The final procedural step, suitability, provides the basis for determining whether to recommend a river as part of the National System. A suitability analysis is designed to answer the following questions: ● Should the river's free-flowing character, water quality, and ORVs be protected, or are one or more other uses important enough to warrant doing otherwise? ● Will the river's free-flowing character, water quality, and ORVs be protected through designation? Is it the best method for protecting the river corridor? In answering these questions, the benefits and impacts of WSR designation must be evaluated and alternative protection methods considered. ● Is there a demonstrated commitment to protect the river by any non-federal entities that may be partially responsible for implementing protective management? Rivers authorized for study by Congress are protected under the WSRA; specifically, Sections 7(b)— prevents the harmful effects of water resources projects: 8(b)—withdraws public lands from disposition under public land laws: 9(b)—withdraws locatable minerals from appropriation under mining laws; and 12(a)—directs actions of other federal agencies to protect river values. These protections last through the study process, including a three-year period following transmittal of the final study report by the President to Congress. The integrity of the identified classification must also be maintained during the protection period. The identification of a river for study through the forest planning process does not trigger any protections under the WSRA. To manage the river for its potential inclusion into the National System, the forest plan should provide direction using other authorities to protect its free-flowing character, water quality, ORVs, and preliminary or recommended classification. The only exception is that if Congress designates river for further study, a minerals withdrawal goes into effect while eligibility and suitability are determined. The Forest Service does not designate rivers. Rivers are added to the National System by act of Congress or by the Secretary of the Interior. Secretarial designation requires that a river be a part of a state river protection system and the state governor to make application to the Secretary. Therefore, for those rivers undergoing suitability studies, the decision to be made in the final forest plan and EIS is whether to recommend each of these study rivers to Congress for designation as a wild and scenic river. Study Process in southern California Wild and scenic river planning for the southern California national forests began during the development of their original land management plans. Three rivers located within the Los Padres National Forest were designated as a result of that effort. Big Sur River Designation: June 19, 1992 Reach: From the confluence of the South and North Forks downstream to the boundary of the Ventana Wilderness. The South Fork and the North Fork from their headwaters to their confluence. Classification/Mileage: Wild -- 19.5 miles; Total -- 19.5 miles. Located in the Ventana Wilderness, this river offers outstanding opportunities for hiking, camping, swimming and fishing. It is one of the longest coastal California streams lined with redwoods. Sespe Creek Designation: June 19, 1992 Reach: The main stem from its confluence with Rock Creek and Howard Creek downstream to where it leaves section 26, T5N, R20W. Classification/Mileage: Wild -- 27.5 miles; Scenic -- 4.0 miles; Total -- 31.5 miles. Interesting geologic formations, unusual gorges, and rich riparian vegetation provide excellent scenic diversity and recreation opportunities. This stream is considered an outstanding rainbow trout fishery and provides critical habitat for the endangered California condor. Sisquoc River Designation: June 19, 1992 Reach: From its origin downstream to the Los Padres National Forest boundary. Classification/Mileage: Wild -- 33.0 miles; Total -- 33.0 miles. Most of this river lies within the San Rafael Wilderness. It offers excellent opportunities for solitude, wilderness-oriented activities, and appreciation of the outstanding scenery. Source: http://www.nps.gov/rivers/wildriverslist.html#ca To date, no other rivers in the southern California national forests have been designated as WSRs. In addition, the original Los Padres National Forest plan found a 14-mile segment of Piru Creek eligible for WSR status. However, due to the close proximity of Sespe Creek with its high values and the potential for safety problems resulting from sudden water releases, the creek was not recommended for WSR designation. The Angeles and Cleveland National Forests determined no rivers as eligible for designation in their original land management plans. The San Bernardino National Forest determined several rivers as eligible for designation in their original land management plan as follows: Santa Ana River Segment above South Fork: Recreational South Fork within the San Gorgonio Wilderness: Wild Segment between Filaree Flats and Bear Creek: Wild Bear Creek: Wild Whitewater River North Fork: Wild Middle Fork: Wild Segments of South/East Fork: Wild Deep Creek Segment between Running Springs and the T-6 Road crossing: Scenic Segment between Splinter’s Cabin and Devil’s Hole: Scenic Segment between Devil’s Hole and the Mojave River: Scenic Segment above Running Springs: Recreational Segment between the T-6 Road crossing and Splinter’s Cabin: Recreational Lytle Creek Middle Fork within the Cucamonga Wilderness: Scenic South Fork: Scenic An amendment to the land management plan stated that the North Fork of the San Jacinto River and a segment of Holcomb Creek below National Forest System Road 3N16 would be re-evaluated for eligibility. Public Law 102-301 mandated that five rivers within the Los Padres National Forest (Piru Creek – 49 miles, Little Sur – 23 miles, Matilija Creek – 16 miles, Lopez Creek – 11 miles, and Sespe Creek – 10.5 miles) be studied for eligibility and suitability. Those studies began in 1998 and are completed in this land management plan revision. Eligibility Inventory As a part of this land management plan revision, free-flowing streams with outstandingly remarkable values were identified in an eligibility inventory, the first phase of a two-phase study process of all rivers within the Angeles, Cleveland, Los Padres and San Bernardino National Forests. In all, 47 rivers were studied for wild and scenic river eligibility on the four southern California
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