Wild and Scenic Rivers “ LESSONS LEARNED TO AVOID LITIGATION”

Summary of Planning Wild & Scenic River Management Plan Wild & Scenic River Management Plan Upgrade of several roads Upgrade of several roads New parking lot at Riddle Brothers Ranch New parking lot at Riddle Brothers Ranch Divert water to maintain meadows Divert water to maintain meadows Corridor to include campgrounds and housing at Riddle Brothers Ranch Corridor to include campgrounds and housing at Riddle Brothers Ranch Plan appealed but not stayed 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

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

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

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

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

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

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

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

Lessons Learned Give serious consideration to an EIS when this many plans overlap 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 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 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 If at all possible, field staff should be involved in establishment of WSR boundaries and classification

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

Wild and Scenic Rivers Act: Section 7 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

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

Federal Assistance Loans Loans Grants Grants Licenses Licenses Permits Permits Funding Funding Technical assistance Technical assistance

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

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

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

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

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) 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 Allows use of any general agency statutory authorities available to protect resources Authorizes cooperative agreements with states and local governments for river administration Authorizes cooperative agreements with states and local governments for river administration

Further Reference