wild and scenic rivers
DESCRIPTION
Wild and Scenic Rivers. “ LESSONS LEARNED TO AVOID LITIGATION”. 1993 -- Wild & Scenic River Management Plan Upgrade of several roads New parking lot at Riddle Brothers Ranch Divert water to maintain meadows Corridor to include campgrounds and housing at Riddle Brothers Ranch - PowerPoint PPT PresentationTRANSCRIPT
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