Wild and Scenic Rivers LESSONS LEARNED TO AVOID LITIGATION

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1 Wild and Scenic Rivers LESSONS LEARNED TO AVOID LITIGATION

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6 Summary of Planning 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 Plan appealed but not stayed Recreational Access Surrounding the Steens Mountain Loop Road Plan Upgrade of several roads New parking lot at Riddle Brothers Ranch Litigated but upheld

7 The Donner und Blitzen Wild and Scenic River A River Manager s Perspective

8 Omnibus Oregon Wild and Scenic Rivers Act of 1988 All 87.5 miles classified wild Includes: Riddle Brothers National Historic District Numerous two-track track roads Steens Mountain National Back Country Byway Two campgrounds Irrigated meadows

9 Outstandingly Remarkable Values Scenery Geology Recreation Fish and Wildlife Vegetation Cultural (Historic and Prehistoric)

10 Conflicting Values and Uses Management Challenges Roads Special Status Fish Water Quality Riddle Brothers National Historic District Grazing Wild Horses Public Safety Resource Protection Wilderness Study Areas ACECs

11 Summary of Planning, cont Riddle Brothers Ranch Historic District Plan Continue to graze meadows Continue to divert to meadows Upgrade road to historic and administrative sites New parking lot at Riddle Brothers Ranch Administrative appeal dismissed South Steens Allotment Management Plan Continue to graze WSR corridor Administrative appeal, actions not stayed

12 BLM Litigated in U.S. District Court Previous plans do not provide protection and enhancement to ORVs

13 BLM enjoined from grazing, upgrading roads, constructing parking lots, and diverting water until an EIS is completed

14 Lessons Learned Give serious consideration to an EIS when this many plans overlap Ask if other plans cumulatively protect and enhance free flow, water quality, and ORVs The designation of a WSR should cause management to reconsider objectives of other plans If at all possible, field staff should be involved in establishment of WSR boundaries and classification

15 Protecting and Enhancing Wild and Scenic River Values Sections 7 and 10 of the Wild and Scenic Rivers Act

16 Wild and Scenic Rivers Requires river- administering agencies to evaluate the effects of proposed, federally assisted, water resource projects Applies to designated and congressionally authorized study rivers Does not apply to eligible or suitable rivers identified through agency planning process Act: Section 7

17 Water Resource Projects Dams Reservoirs Water Conduits Powerhouses Transmission Lines Levees 404 Permit Activities Road Construction Water Diversion Projects Habitat/Watershed Restorations Habitat/Watershed Enhancements Bridges/Road Construction Bank Stabilizations Channelization Boat Ramps Fishing Piers

18 Federal Assistance Loans Grants Licenses Permits Funding Technical assistance

19 Section 7 Evaluation Standards Project Within the Designated or Study River Corridor FERC licensed On or directly affecting Other federal assistance Direct and adverse effects on free flow, water quality, and ORVs Project Outside the Designated River Corridor Invade or unreasonably diminish scenic, recreational, fish and wildlife values Project Outside the Congressional Study River Corridor Invade or diminish scenic, recreational, fish or wildlife values

20 Section 7 Determination Independent of NEPA process Documented and appended to environmental analysis May recommend measures to eliminate adverse effects Requires close coordination with proponent/regulating agency Responsibility of river-administering agency

21 Section 7 Determination Elements (Within Corridor) Describe the project Describe alterations to within channel conditions Describe effects to riparian and floodplain Describe effects to upland Describe effects to existing hydrologic or biologic processes

22 Section 7 Determination Describe indirect effects Describe time scale of effects Compare to objectives Make determination on effects to free flowing condition and values Elements, cont.

23 Wild and Scenic Rivers Act: Section 10 Requires administering agencies to protect and enhance values that supported inclusion in National WSR System (free flow, water quality, ORVs) Allows use of any general agency statutory authorities available to protect resources Authorizes cooperative agreements with states and local governments for river administration

24 Further Reference

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