September 26, 1977 EXTENSIONS OF REMARKS 30991 EXTENSIONS OF REMARKS WILD AND SCENIC RIVER one classification, or is it possible to have a to accommodate the existing and permissible DESIGNATION combination of river classifications? levels of recreational use. Generally, fee ac­ A. It is possible to have portions of a river quisition would be confined to land needed classified as either wild, scenic or recreational to provide access and fac111t1es to the gen­ HON. MAX BAUCUS depending on the character of each river eral public and to protect the river and section. resource values which would otherwise be OF MONTANA 3. Q. Could less than the entire river be in Jeopardy from less-than-fee control. The IN THE HOUSE OF REPRESENTATIVES included? remainder of the land within the boundary Monday, September 26, 1977 A. Yes, but generally a river segment could be controlled by scenic easements and, would have to be at least 25 miles long. A when acceptable to the Secretary of the Mr. BAUCUS. Mr. Speaker, in his en­ shorter stretch that has outstanding quali­ Interior, by adequately enforced local zoning vironmental message of May 22, 1977, fications might, however, be included in the regulations. President Carter recommended the in­ national wild and scenic rivers system. 8. Q. How do scenic easements work? clusion of portions of the Madison and 4. Q. How may a river be included into the A. Scenic easements are essentially agree­ Yellowstone Rivers in Montana into the national wild and scenic rivers system? ments between the Federal Government and A. Two ways are possible. First, a river the landowner in which the Federal Govern­ National Wild and Scenic Rivers Sys­ designated for potential addition to the sys­ ment buys the right to certain uses on tem. Over the past few months, many tem would be studied and found to be worthy selected portions of the owner's land. For a Montanans have requested information of inclusion. An Act of Congress would be re­ national wild, scenic or recreational river about the Wild and Scenic Rivers Sys­ quired to place the river into the system. the Federal Government would purchase an tem. Many landowners have had ques­ Secondly, the Governor of the State in which owner's right to cut timber or shrubbery, to tions regarding the effects, if any, that a a river lies may petition the Secretary of the put up buildings, or any use which would Wild and Scenic River designation would Interior to include the river into the na­ detract from the scenic beauty of the river. tional system. Under this arrangement, the The landowner would retain all other rights have on their property. river under consideration must first be desig­ to this land except those purchased by the Personally, I have taken no position yet nated and administered by the State or one Federal Government, and he may sell or leave on either of the President's proposals. I of its political subdivisions as a wild, scenic them to his heirs, etc.~ as would be the case suspect they will be submitted soon in or recreational river and meet the criteria for any other property he owns. The rights bill form as formal legislative proposals. established for components of the national purchased by the Federal Government, and When that happens, an intensive deliber­ wild and scenic rivers system. If the river only those rights, remain with the land in ative process will ensue in which I and qualifies for inclusion into the national sys­ any transaction the owner may have. This may constituents will undoubtedly play a tem, it would be designated by the Secretary applies only to that land for which the scenic of the Interior but would continue to be ad­ easement ls negotiated. lively role. ministered by the State or one of its political Such easements would require detailed in­ In anticipation of that event, and be­ subdivisions without expense to the Federal vestigation before the advisab111ty and de­ cause of certain experiences I had last Government. gree of protection to be contained in the year with similar legislation, I asked the 6. Q. Who may administer a national wild easement can be determined. U.S. Department of the Interior to pre­ and scenic river? 9. Q. Is it possible to provide acceptable pare for me some explanatory materials. A. Streams designated to the system by land-use control through the use of zoning? Before offering these materials to my col­ an Act of Congress wlll normally be at least A. Under the Wild and Scenic Rivers Act, leagues, let me tell you of the experi­ partially administered by a Federal agency. land cannot be acquired through condemna­ Secretarial approved rivers (those rivers pro­ tion if such lands are located within any ences I had which prompted me to ask for tected by States and included in the na­ incorporated city or town which has. in force this information. tional system by administrative action) valld zoning ordinances that fulfill the pur­ Last year portions of the Flathead and must be administered by the State or one poses of the Act and are acceptable to the Missouri Rivers in Montana were in­ of its political subdivisions at no cost to Secretary of the Interior. cluded in the National Wild and Scenic the Federal Government. However, any State 10. Q. May condemnation be used to ac­ River System. During the course of Con­ agency or political subdivision may become quire fee title and easement? gressional consideration of those pro­ involved in administration of a Federal river A. Yes, however, this method ls used only posals, a great deal of erroneous and con­ through cooperative agreements with a Fed­ as a last resort. It ls preferred to conduct flicting information regarding Wild and eral agency. purchases through negotiations with land­ Scenic River designation was dissemin­ 6. Q. What are the boundary limitations of owners and this ls the manner in which most ated. a national wild and scenic river? purchases are made. A. The National Wild and Scenic Rivers The condemnation authority ls, however, The Bureau of Outdoor Recreation, De­ Act states that not more than an average of subject to restrictions. Lands located within partment of the Interior, prepared at my 100 acres per mile on both sides of the any incorporated city or town which has in request the following short summary of river ( 5.0 acres on each side) may be ac­ force a valid zoning ordinance and which pertinent Wild and Scenic River ques­ quired in fee title. This applies both to those conforms with the purposes of the Act can­ tions and answers. I have found this rivers designated as "instant" components not be condemned. Furthermore, where 50 summary to be very helpful, and I trust of the system and to any river which may be percent or more of the total acreage within later added to the system by an Act of a federally administered river ls owned by the my colleagues will also: Congress unless Congress specifies otherwise. United States, a State or a political subdivi­ WILD AND ScENIC RIVER STUDIES-QUESTIONS Also, the Act Umits the boundary of the sion, the Act prohibits acquisition by con­ AND ANSWERS instant rivers to an average of not more than demnation altogether. 1. Q. What are the criteria used in deter­ 320 acres per mile on both sides of the river 11. Q. Do limitations on Federal condemna­ mining whether or not a river should be in­ (160 acres on each side). This total includes tion and purchase of land apply to rivers in cluded in the national wild and scenic rivers the 100 acres in fee title plus an additional the national wild and scenic rivers system system? 220 acres acquired in less-than-fee, such as under State administration? A. Generally, rivers included in the system by scenic easement. A. No, these are not applicable to rivers must be free-flowing streams which have In the event that a river ls added to the under State administration. outstanding remarkable scenic, recreational, national system by application of a State 12. Q. Suppose I own a home and property geological, fish and wildlife, historic, cultural governor to the Secretary of the Interior, the which Ue inside the proposed river area boun­ or other similar values. They must also be State should, as a minimum, have as much daries. Could I sell my land to the Federal long enough (generally 25 miles or more) to control of that river as would be required Government and continue to live in my provide a meaningful recreation experience, should the same area be managed as a Fed­ home? have sufficient volume of water, and have eral component within the system. All land high or restorable water quality. A. Yes, an owner of improved property (a purcha':'es in this instance would be a State detached, one-family dwelllng) whose prop­ Rivers included in the national wild and responsib111ty. erty ls acquired by the Federal Government scenic rivers system are classified, designated 7. Q. What does purchase in fee title mean may retain for himself and his successors the and administered as either wild, scenic or exactly? right of use and occupancy for a period of his recreational river areas. A. Within a recommended boundary for choice not to exceed 25 years, or the owner 2. Q. If a river was to be recommended for a wild and scenic river, all property rights may instead choose a right of use and occu­ inclusion in the national wild and scenic are aequired to some lands in order to pro­ pancy for the remainder of his life and that rivers system, would the entire river be under vide protection of the natural scene and of his spouse.