Wild & Scenic Rivers Act

The Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271–1287) established the national policy that certain rivers with outstanding natural, scenic, recreational, and historic values shall be preserved in their free-flowing condition — protected from dams, diversions, and other water projects that would harm their special qualities. The Act created the National Wild and Scenic Rivers System, which now includes more than 13,400 miles of 228 rivers in 41 states and Puerto Rico. Rivers in the system are classified into three categories based on their level of development: wild (most primitive), scenic (largely undeveloped), and recreational (some development and access). Designation prohibits FERC from licensing dams and other water projects on or directly affecting the river, and requires federal agencies to protect the river's special values.

Current Law (2026)

Parameter	Value
Governing law	16 U.S.C. §§ 1271–1287 (Wild and Scenic Rivers Act, 1968)
System size	228 rivers, 13,400+ miles in 41 states and Puerto Rico
River classifications	Wild, Scenic, Recreational
Designation methods	Act of Congress, or state nomination with Interior Secretary approval
Study rivers	146 rivers identified by Congress for potential addition (§ 1276)
Dam prohibition	FERC may not license dams, diversions, or water projects on or directly affecting designated rivers (§ 1278)
Federal land withdrawal	Public lands within boundaries withdrawn from entry, sale, and mineral leasing (§ 1279)
Mining restrictions	Mineral activities permitted with protective conditions; no surface mining (§ 1280)
Land acquisition	Average of 100 acres per mile may be acquired in fee; scenic easements also authorized (§ 1277)
Administration	NPS, USFS, BLM, Fish & Wildlife Service — depending on the river and surrounding land

Legal Authority

16 U.S.C. § 1271 — Congressional policy (declares that certain rivers possessing outstanding scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values shall be preserved in free-flowing condition for the benefit of present and future generations)
16 U.S.C. § 1272 — Congressional declaration of purpose (creates the National Wild and Scenic Rivers System, designates the initial rivers, and sets rules for managing and expanding the system — the Appalachian Trail parallel for rivers)
16 U.S.C. § 1273 — National Wild and Scenic Rivers System (establishes the system and three classifications: wild rivers — free of impoundments with primitive and unpolluted shorelines, generally inaccessible except by trail; scenic rivers — free of impoundments with largely undeveloped shorelines, accessible in places by road; recreational rivers — readily accessible, some development along shorelines, may have past impoundments)
16 U.S.C. § 1274 — Component rivers (lists all designated rivers by name, segment, classification, managing agency, and authorized length)
16 U.S.C. § 1275 — Additions to the system (the Secretary of the Interior or Agriculture must study study-listed rivers and recommend to Congress whether to include them; during the study period and for 3 years after report, the river cannot be damaged by federally assisted projects)
16 U.S.C. § 1276 — Potential additions (identifies 146 rivers for study and possible addition to the system; during study and for 3 years after, rivers are protected from federally assisted water resource projects)
16 U.S.C. § 1277 — Land acquisition (the Secretaries may acquire land and interests in land within designated river boundaries by purchase, donation, exchange, or eminent domain; total acquisition limited to an average of 100 acres per mile; scenic easements may be used in lieu of fee-simple purchase)
16 U.S.C. § 1278 — Restrictions on water resources projects (FERC may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any river in the system or under study)
16 U.S.C. § 1280 — Federal mining and mineral leasing laws (mining and mineral leasing laws continue to apply within the system, but with protective conditions to prevent surface disturbance and degradation of river values; no surface mining is permitted)
16 U.S.C. § 1281 — Administration (each designated river shall be administered to protect and enhance the values that led to its designation; other uses may continue if consistent with protection of those values)
16 U.S.C. § 1284 — Existing state jurisdiction (states retain full authority over fish and wildlife in wild and scenic river areas; hunting and fishing remain governed by state law; designating a river does not preempt state water or fish/wildlife laws)

How It Works

The three classifications determine management intensity. Wild rivers are the most pristine — free of impoundments, with primitive and unpolluted shorelines, generally inaccessible except by trail (often within designated wilderness areas), and representing vestiges of primitive America. Scenic rivers are free of impoundments, with largely undeveloped and largely primitive shorelines, accessible in places by road. Recreational rivers are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past. The classification determines what level of development and access is permissible — wild segments are managed most restrictively, recreational segments most permissively.

The dam prohibition is the Act's most powerful protection. Section 1278 prohibits FERC from licensing any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting a designated river. No other federal agency may assist in construction of any water resources project that would have a direct and adverse effect on the river's values. This protection extends not just to the designated segment but to any project that would "invade" or "unreasonably diminish" the river's scenic, recreational, and fish and wildlife values. This has blocked hydroelectric projects, irrigation diversions, and other water development on designated rivers.

Rivers enter the system through two mechanisms: an act of Congress — the primary path, in which Congress specifically names the river and its designated segments in legislation — or state nomination, where a state legislature petitions the Secretary of the Interior to add a state-administered river to the system if the state has permanently protected it under state law (§ 1275). Most designations are congressional, often preceded by a formal study process that triggers interim federal protection.

Study rivers (§ 1276) receive interim protection. Congress has identified 146 rivers for study as potential additions to the system. While a river is under study and for 3 years after the study is completed, the river is protected from federally assisted water projects — providing a buffer against dam construction during the evaluation period.

Land acquisition along designated rivers is limited to an average of 100 acres per mile on each side of the river (fee title). Federal agencies may also acquire scenic easements — restrictions on land use that protect the river corridor without full government ownership. Within designated corridors, public lands are withdrawn from mineral entry, sale, and other disposal.

How It Affects You

If you paddle, fish, or recreate on wild rivers, Wild and Scenic designation is the legal guarantee that the river you love won't be dammed, diverted, or industrialized. The 228 rivers and 13,400+ miles in the National Wild and Scenic Rivers System represent some of America's finest paddling, fishing, and backcountry experiences — the Rogue River in Oregon, the Chattooga in the Southeast, the Merced through Yosemite, the Main Salmon in Idaho. Access to designated rivers is generally free and open to the public on federally managed land within the corridor. Permit requirements apply on high-demand segments: the Rogue River Corridor, the Main Salmon, and sections of the Colorado's tributaries require launch permits during peak season — check the specific river's management plan, available through the managing agency (NPS, USFS, or BLM). Fishing within the river corridor remains governed by state fish and game law (§ 1284); Wild and Scenic designation does not change fishing regulations. For current conditions, permit windows, and access information for specific rivers, americanrivers.org maintains a comprehensive river database, and rivers.gov lists all designated rivers with managing agency contacts.

If you own private land within or adjacent to a Wild and Scenic River corridor, the Act's land acquisition authority is real — but more limited than many landowners fear. Federal agencies may acquire land within the designated corridor (typically 1/4 mile on each side of the river bank), but total acquisition is capped at an average of 100 acres per mile. More importantly, the Act requires federal agencies to prefer scenic easements over fee-simple purchase where possible — meaning the government acquires development restrictions rather than taking title to your land. Existing uses of private land — farming, ranching, established recreational businesses — typically continue under grandfathered uses. If a federal agency approaches you about an easement or purchase within a Wild and Scenic corridor, you have the right to negotiate terms, and eminent domain (condemnation) is available to the government but rarely used — most acquisitions are voluntary. Check your county assessor records and the relevant agency's river management plan to understand exactly what corridor has been designated and whether your parcel falls within it. The American Farm Bureau Federation and National Cattlemen's Beef Association have guidance on private landowner rights within federal conservation designations.

If you're a developer, utility, or municipality planning water infrastructure, designation of a river — or even its listing as a study river — creates a hard stop for FERC-licensed projects. Under § 1278, FERC may not license any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any designated or study river. "Directly affecting" extends beyond the designated reach — a dam upstream that would significantly alter flow, temperature, or sediment load in a designated segment can be blocked. Study rivers get protection for the study period plus 3 years after the study report is submitted to Congress — a meaningful buffer that can outlast a project's permitting window. Before investing in permitting for a water project near any river, check the § 1276 study river list (updated by Congress periodically) and the full designated river database at rivers.gov. If your project could affect a designated or study river, engage FERC and the managing agency early — a § 7 consistency determination against your project will kill the FERC license application. The Trump administration's 2025 permitting reforms compressed § 7 consultation timelines to 60 days, but courts have ordered extensions; engage legal counsel experienced in FERC and Wild and Scenic Act interaction.

If you're a conservation advocate working to protect rivers, the § 1276 study river process is your legislative pathway. Congress has identified 146 rivers for study — placing them on the threshold of protection but not yet designating them. During the study period, these rivers are protected from federally assisted water projects, but the protection is not permanent until Congress acts. Advocacy strategy centers on: (1) supporting Congressional designations for study rivers with strong documentation of "outstanding remarkable values" (the statutory standard — the river must have scenic, recreational, geologic, fish and wildlife, historic, cultural, or similar values that are outstandingly remarkable compared to other rivers in the region); (2) defending existing designations from administrative reinterpretation (the 2025 "energy dominance" executive orders tested the boundaries of § 7 protections for study rivers near hydropower projects); and (3) using the state nomination pathway for rivers that state legislatures can protect first. The American Rivers organization (americanrivers.org) publishes an annual "America's Most Endangered Rivers" list that has historically catalyzed Congressional designation campaigns. The National Wild and Scenic Rivers System coordinator at NPS tracks study river status at rivers.gov.

State Variations

The Wild and Scenic Rivers Act is federal, but state systems complement it:

Many states have enacted their own scenic river protection programs
State-designated rivers may be nominated for inclusion in the federal system
State water law interacts with federal river protection (particularly regarding water rights and diversions)
State environmental review requirements may supplement federal protections for designated rivers
Some states provide additional buffer zone protections beyond federal requirements

Implementing Regulations

36 CFR Part 297 — Forest Service procedures for wild and scenic river study and designation. The Wild and Scenic Rivers Act (16 U.S.C. §§ 1271–1287) is primarily implemented through individual agency management plans for each designated river segment.

Pending Legislation

No standalone Wild and Scenic Rivers reform bills have been introduced in the 119th Congress. River designations appear in individual public lands bills — see Public Lands Management.

Recent Developments

The Wild and Scenic Rivers System continues to grow, with Congress periodically designating new river segments — the most recent major additions came through the John D. Dingell Jr. Conservation, Management, and Recreation Act of 2019, which added segments in multiple states. Climate change is affecting flow regimes, water temperatures, and ecological conditions in designated rivers, challenging managers to protect river values under changing conditions. Dam removal on rivers adjacent to or upstream of Wild and Scenic segments has improved habitat connectivity. The interplay between Wild and Scenic designation and tribal water rights has emerged as a significant issue in Western river management, particularly for rivers served by federal reclamation infrastructure.

Trump "energy dominance" and Wild & Scenic designation moratorium: Executive Order 14154 (Unleashing American Energy, January 2025) directed federal agencies to prioritize energy development on public lands and waters. While the order did not directly amend the Wild and Scenic Rivers Act, it instructed FERC, BLM, and Forest Service to reduce barriers to hydropower and mineral development near designated rivers — including expedited review of activities in the "study river" buffer zone. Conservation groups filed challenges arguing that FERC permits for hydropower projects near study rivers violated WSR Act § 7's prohibition on federal licensing that would "invade or unreasonably diminish" river values.
Klamath Dam removal — Wild & Scenic connectivity: The removal of four Klamath River dams (completed 2024) restored free-flowing conditions to approximately 420 miles of river in Oregon and California, including segments adjacent to Wild and Scenic designated reaches. The dam removal — the largest in U.S. history — reconnected salmon habitat and improved water temperatures in the lower Klamath. USFS and NPS are studying whether to nominate newly free-flowing segments for Wild and Scenic designation as habitat restoration matures.
Permitting Reform and WSR Act § 7 — OBBBA provisions: The One Big Beautiful Bill Act included permitting reform provisions accelerating NEPA review for energy and infrastructure projects. OBBBA's permitting title required agencies to complete § 7 WSR consultations within 60 days — a compressed timeline that river conservation groups argued was insufficient for projects affecting complex river ecosystems. The § 7 acceleration provisions were contested in Senate floor debate; the final OBBBA text preserved the 60-day timeline with a court-ordered extension mechanism.
Climate change and river flow management: Designated wild and scenic rivers in the West are experiencing altered flow regimes due to reduced snowpack and earlier peak runoff. Forest Service and NPS river management plans — required for designated rivers — are being updated to incorporate climate projections, with implications for minimum flow requirements, recreation management (lower summer flows affect rafting), and fire risk from dried riparian vegetation. Several designated rivers in California and the Pacific Northwest have faced summer low-flow emergencies requiring emergency fish protection measures that conflict with upstream irrigation water rights.