This course presents an introduction to and how to complete a Section 7 Determination for the Wild and Scenic Rivers Act (WSRA). The content of this course is derived from Wild and Scenic Rivers Act: Section 7, a technical report of the Interagency Wild and Scenic Rivers Council (Council) (www.rivers.gov/publications.html). Participation will result in improvements in future applications of Section 7, based on increased knowledge of its intent, content and procedures. After completing this course, participants will be able to: • Apply appropriate evaluative standards. • Develop an integrated approach with appropriate interdisciplinary team members. • Conduct an analysis adequate to support the determination. • Provide early consultation/collaboration to federal assisting agency. • Share information with landowners, local and state governments, and nongovernmental organizations. Participants will increase their knowledge in: • What a water resources project is under Section 7 of the WSRA. • How to apply Section 7 to state-administered, federally designated rivers; congressionally designated rivers; and congressionally authorized study rivers. • Definitions. • Roles of the involved agencies. • Evaluation standards for a designated river. • Evaluation standards for a congressionally authorized study river. • Evaluation procedures. • The timing of a Section 7 analysis and determination, and the responsible official. • Riverine stewardship.

1. WSRA Training Course
Section 7
of the
Wild and Scenic Rivers
Act of 1968 (as amended)
Interagency Wild and Scenic Rivers
Coordinating Council
and
River Management Society

2. Today’s Instructors
2
Randy Welsh
Wild and Scenic Rivers
Program Lead – WO FS
rwelsh@fs.fed.us
202-205-9333
Steve Chesterton
Wild and Scenic Rivers/
Wilderness – WO FS
smchesterton@fs.fed.us
202-205-1398

3. 3

4. Course Goals
• Overview of the WSRA
• Intent of WSRA & Section 7
• Create a framework for
Section 7 statutory text
• Understand the components
of a Section 7 Determination
• Provide tools for river
managers to apply Section 7
4

5. Pre-Test
• Test your current
knowledge of Section 7
• Basis for learning
• Will do follow-up test at
end of course
5

6. The
Wild and Scenic
Rivers Act
(WSRA)
6

7. Intent of WSRA
To complement the national policy of
dam and other construction 7

8. 8
 12,597 river miles
protected under
WSRA
 < 1% of rivers
designated
 860,000 river miles
dammed, dredged or
channelized
 24% of rivers affected

9. 0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
Designated Wild
and Scenic Rivers
Nationwide Rivers
Inventory
Dammed,
Channelized &
Dredged
Total
Miles 12,597 84,634 860,000 3,500,000
America's Rivers
9

10. Intent of WSRA
To protect and enhance…
10

11. Free-Flowing Condition
11

12. 12
Water Quality

13. 13
Outstandingly Remarkable Values
(ORVs)

14. Intent of WSRA
Protect and Enhance:
• Free-Flowing
Condition
• Water Quality
• ORVs
14

15. Overview of WSRA
Study Process
Establish a process to add
rivers to the national system
15
• Eligibility
• Classification
• Suitability

16. Two types of Study
1) Section 5(a)
– Congressionally Authorized
Study Rivers
2) Section 5 (d)(1)
– Agency Authorized Studies
16

17. Classification System
• Three possible
classifications
• Different levels of
development and
access
17

18. River Classification
• Wild
• Scenic
• Recreational
18

19. Intent of Section 7
Wild and Scenic Rivers Act
 Keep rivers free-flowing
 Protection from the
harmful effects of water
resource projects
19

20. Imagine…
20

21. Hell’s Canyon Dam
21

22. Below Hell’s Canyon Dam
22

23. Intent of Section 7
 Keeps rivers free-flowing
– Focused on modification of
the waterway
23

24. Intent of Section 7
 Protect from harmful effects of
“water resources projects”
(WRPs)
• Hydropower project
• Other construction
 Independent of classification
24

25. Section 7 – Two Parts
 7(a) – designated rivers
 7(b) – congressionally
authorized study rivers
25

26. Section 7(a)
“The Federal Power Commission [FERC]
shall not license the construction
of any dam, water conduit, reservoir,
powerhouse, transmission line, or other
project works
under the Federal Power Act,
as amended, on or directly affecting
any [designated WSR]…”
26

27. Section 7(a)
“…no department or agency of the
United States
shall assist
by loan, grant, license, or otherwise
in the
construction of any water
resources project
that would have a direct and
adverse effect on the values for
which such river was established”
27

28. Section 7(a)
“Nothing contained in the foregoing
sentence shall
preclude licensing of, or assistance
to, developments below or above
a wild, scenic or recreational river area
or on any stream tributary thereto
which will not
invade the area or
unreasonably diminish
the scenic, recreational, and fish and
wildlife values present in the area on the
date of designation of a [WSR].” 28

29. Section 7(b)
Only applies to congressionally
authorized study river corridors
• Same as Section 7(a) for WRP
within a designated corridor
• Nearly identical to section 7(a)
for WRP outside a designated
river corridor
29

30. Section 7 Framework
 Kind of Activity
 Standards to Apply
 Federal Agency Role
30

31. Key Question #1
Is the proposed project
a
“water resources project”?
31

32. Is the proposed project a
“water resources project”?
 Hydropower project
licensed by FERC?
 Potential to affect free-
flowing characteristics?
( 36 CFR 297.3)
 In the waterway
 Bed and banks
 Below OHM (33 CFR 328.3 (e))
32

33. Audience Exercise
Is it a
Water Resources
Project?
33

34. Is this a Water
Resources Project?
Hydropower dam
• Within a designated river
corridor
34

35. Is this a Water
Resources Project?
Hydropower dam
• Within a designated river
corridor
Yes
35

36. Is this a Water
Resources Project?
Boat Ramp
• Within bed and banks of a
designated river corridor
36

37. Is this a Water
Resources Project?
Boat Ramp
• Within bed and banks of a
designated river corridor
Yes
37

38. Is this a Water
Resources Project?
Fisheries Habitat
Improvement
• Within a congressionally
authorized study river
• In-stream rock weir
• Within bed and banks
38

39. Is this a Water
Resources Project?
Fisheries Habitat
Improvement
• Within a congressionally
authorized study river
• In-stream rock weir
• Within bed and banks
Yes 39

40. Is this a Water
Resources Project?
Fuels Reduction
• Within a designated river
corridor
• Above the bed and banks
40

41. Is this a Water
Resources Project?
Fuels Reduction
• Within a designated river
corridor
• Above the bed and banks
No
41

42. Is this a Water
Resources Project?
Bridge Replacement
• Crossing a designated river
• Bridge abutments to be
replaced are within bed and
banks
42

43. Is this a Water
Resources Project?
Bridge Replacement
• Crossing a designated river
• Bridge abutments to be
replaced are within bed and
banks
Yes
43

44. Summary
Is it a WRP?
 Hydropower project
licensed by FERC
 Potential to affect free-
flowing characteristics
 In the waterway
 Bed and banks
 Below OHWM
44

45. Section 7 Framework
 Kind of Activity
 Water Resources Project
 Standards to Apply
 Federal Agency Role
45

46. Key Question #2
Which standard applies?
46

47. Which standard applies?
Three Section 7(a) standards
that apply in specific situations:
1. On or directly affecting
2. Direct and adverse effects
3. Invade the area or
unreasonably diminish
47

48. On or Directly Affecting
• Hydropower project
• Licensed by FERC
• Within the river corridor
– Designated or Study
48
Prohibited by Section 7
No new dams or
FERC licensed
hydropower projects
in a WSR
corridor

49. Direct and Adverse Effect
• Water resources project
• “Assisted” by any federal
agency
• Within a designated or
study river
• Evaluate effect on values
– Free-flowing condition,
water quality, ORVs
49

50. Direct and Adverse Effect
• No outright prohibition on
Water Resource Projects
• Does not allow for
“balancing” or weighting
one value over another
50

51. Invade or
Unreasonably Diminish
Section 7a
• Activity within river bed and
banks
• Above, below, or on a tributary
to a designated river corridor
• Applies to scenic, recreational,
fish and wildlife values
51

52. Invade or Diminish
Section 7b
• Applies only to congressionally
authorized study rivers
• WRP above, below, or on a
tributary to…
• Applies to scenic, recreational,
and fish and wildlife values
52

53. Section 7 Situations
The standard that applies is
based on:
 Location
• Inside or outside of a WSR
corridor
• Designated or congressionally-
authorized study river
 Which federal agency assists
53

54. 54
Standards for Evaluation of a
Water Resources Project
Proposed
hydropower
facilities
(FERC-
licensed)
Outside the WSR Corridor
(upstream, downstream or
tributary)
On or
directly
affecting
Proposed
hydropower
facilities
(FERC-
licensed)
Invade the
area or
unreasonably
diminish
Invade the
area or
unreasonably
diminish
Direct and
adverse
effects
Within the WSR Corridor
Other
proposed
federally
assisted
WRPs
Other
proposed
federally
assisted
WRPs
Study Rivers
outside the Corridor
To Scenic, Recreational,
Fish and Wildlife Values
To Free Flow, Water
Quality, and ORV’s

55. WRP3 assisted by
federal agency
WRP2 licensed by Federal
Energy Regulatory
Commission (FERC)
Evaluative
Standard
Evaluative
Standard
Standard
application
Evaluation
Requirements of
Standard
WRP licensed or assisted
by federal agency
Evaluative
Standard
Act Requirements Act Requirements Act Requirements
Evaluation
Requirements of
Standard
Water Resources Project
(WRP) within a WSR
(“Within” Flowchart)
Water Resources Project
(WRP) outside a WSR
(“Outside” Flowchart)
55

56. Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
56

57. WRP licensed by Federal
Energy Regulatory Commission
(FERC)
“Construction of any dam, water
conduit, reservoir, powerhouse,
transmission line, or other project
works under the Federal Power
Act (FPA)”
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
57

58. WRP licensed by Federal
Energy Regulatory Commission
(FERC)
“Construction of any dam, water
conduit, reservoir, powerhouse,
transmission line, or other project
works under the Federal Power
Act (FPA)”
Requires:
•License or exemption by FERC
•Project works within bed, banks
or corridor
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
58

59. WRP licensed by Federal
Energy Regulatory Commission
(FERC)
“Construction of any dam, water
conduit, reservoir, powerhouse,
transmission line, or other project
works under the Federal Power
Act (FPA)”
Evaluative Standard:
“On or directly
affecting”
Requires:
•License or exemption by FERC
•Project works within bed, banks
or corridor
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
59

60. WRP licensed by Federal
Energy Regulatory Commission
(FERC)
“Construction of any dam, water
conduit, reservoir, powerhouse,
transmission line, or other project
works under the Federal Power
Act (FPA)”
Evaluative Standard:
“On or directly
affecting”
Standard prohibits any
hydropower project works
licensed under FPA within WSR
corridor.
Requires:
•License or exemption by FERC
•Project works within bed, banks
or corridor
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
60

61. Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
61

62. WRP assisted by federal agency
Any construction that affects a WSR’s
free-flowing condition
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
62

63. WRP assisted by federal agency
Any construction that affects a WSR’s
free-flowing condition
Requires:
•Assistance by a federal agency
•Within bed or banks
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
63

64. WRP assisted by federal agency
Any construction that affects a WSR’s
free-flowing condition
Evaluative Standard:
“Direct and adverse
effects”
Requires:
•Assistance by a federal agency
•Within bed or banks
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
64

65. WRP assisted by federal agency
Any construction that affects a WSR’s
free-flowing condition
Evaluative Standard:
“Direct and adverse
effects”
Standard requires evaluation of
project effects on free-flowing
condition, water quality and each
outstandingly remarkable value. Use
procedure outlined in Appendix C of
Council’s Section 7 technical report.
Requires:
•Assistance by a federal agency
•Within bed or banks
Water Resources Project (WRP) within a WSR
(“Within” Flowchart)
65

66. Water Resources Project (WRP) outside a WSR
(“Outside” Flowchart)
66

67. WRP assisted by federal agency
Any construction within river’s bed or its banks
upstream, downstream or on any tributary to WSR
Water Resources Project (WRP) outside a WSR
(“Outside” Flowchart)
67

68. WRP assisted by federal agency
Any construction within river’s bed or its banks
upstream, downstream or on any tributary to WSR
Requires:
•Assistance by federal agency
•Within bed or banks upstream, downstream or on
a tributary
•Potential to affect free-flow or scenery, recreation,
fish or wildlife values present within WSR7
Water Resources Project (WRP) outside a WSR
(“Outside” Flowchart)
68

69. WRP assisted by federal agency
Any construction within river’s bed or its banks
upstream, downstream or on any tributary to WSR
Evaluative Standard:
“Invade the area or unreasonably
diminish”
Requires:
•Assistance by federal agency
•Within bed or banks upstream, downstream or on
a tributary
•Potential to affect free-flow or scenery, recreation,
fish or wildlife values present within WSR7
Water Resources Project (WRP) outside a WSR
(“Outside” Flowchart)
69

70. WRP assisted by federal agency
Any construction within river’s bed or its banks
upstream, downstream or on any tributary to WSR
Evaluative Standard:
“Invade the area or unreasonably
diminish”
Requires:
•Assistance by federal agency
•Within bed or banks upstream, downstream or on
a tributary
•Potential to affect free-flow or scenery, recreation,
fish or wildlife values present within WSR7
Standard requires evaluation of project effects on
free-flowing condition or scenery, recreation, fish or
wildlife values present in the WSR at the date of its
designation. Use the procedure outlined in Appendix
D of the Council’s Section 7 technical report.
Water Resources Project (WRP) outside a WSR
(“Outside” Flowchart)
70

71. WRP3 assisted by
federal agency
WRP2 licensed by Federal
Energy Regulatory
Commission (FERC)
“On or Directly
Affecting”
“Direct and
Adverse
Effects”
Standard
application
Evaluation
Requirements of
Standard
WRP licensed or assisted
by federal agency
“Invade or
unreasonably
diminish”
Act Requirements Act Requirements Act Requirements
Evaluation
Requirements of
Standard
Water Resources Project
(WRP) within a WSR
(“Within” Flowchart)
Water Resources Project
(WRP) outside a WSR
(“Outside” Flowchart)
71

72. Section 7 Framework
 Kind of Activity
• Water Resources Project
 Standards to Apply
• Inside, outside corridor
• Designated or study river
• Which federal agency assists
 Federal Agency Role
72

73. Key Question #3
What is the federal
agency role?
73

74. What is the federal
agency role?
 Assisting Agency
 River-Administering
Agency
74

75. What is the federal
agency role?
Assisting Agency:
“… Federal Power Commission
(FERC) shall not…”
“…no department or agency
shall…”
75

76. What is the federal
agency role?
River-administering agency:
 Evaluate a WRP
 Make a determination
76

77.  Adverse
effects
 Adverse effects -
avoidance measures
 No adverse
effects
77
Outcomes

78. Section 7 Framework
 Kind of Activity
• Water Resources Project
 Standards to Apply
• Inside, outside corridor,
designated or study river
• Agency licensing or assisting
 Federal Agency Role
• Licensing or Assisting
• River-Administering Agency
78

79. Test your Knowledge
• Opportunity to apply
– Definitions
– Standards
• Audience Exercise
– Three proposed projects
• Is it a WRP?
• What standard applies?
• Choose best answer when polled
79

80. 80
Standards for Evaluation of a
Water Resources Project
Proposed
hydropower
facilities
(FERC-
licensed)
Outside the WSR Corridor
(upstream, downstream or
tributary)
Proposed
hydropower
facilities
(FERC-
licensed)
Within the WSR Corridor
Other
proposed
federally
assisted
WRPs
Other
proposed
federally
assisted
WRPs
To Scenic, Recreational,
Fish and Wildlife Values
To Free Flow, Water
Quality, and ORV’s

81. 81
Standards for Evaluation of a
Water Resources Project
Proposed
hydropower
facilities
(FERC-
licensed)
Outside the WSR Corridor
(upstream, downstream or
tributary)
On or
directly
affecting
Proposed
hydropower
facilities
(FERC-
licensed)
Invade the
area or
unreasonably
diminish
Invade the
area or
unreasonably
diminish
Direct and
adverse
effects
Within the WSR Corridor
Other
proposed
federally
assisted
WRPs
Other
proposed
federally
assisted
WRPs
To Scenic, Recreational,
Fish and Wildlife Values
To Free Flow, Water
Quality, and ORV’s

82. Santa Frietta Wild and
Scenic River
C
B
A
Nearby Faraway
Wilderness
US Hwy 21
N
Legend
Private Land
State Land
Wilderness
Highway
County Road
Trail
River
Tributary
Project Location
Recreational
Segment
Wild
Segment
Santa Frietta River
Segment
Boundary Downstream
82

83. Scenario A
A
Nearby Faraway
Wilderness
US Hwy 21
N
Legend
Private Land
State Land
Wilderness
Highway
County Road
Trail
River
Tributary
Project Location
Recreational
Segment
Wild
Segment
Santa Frietta River
Segment
Boundary Downstream
A
83

84. Scenario A
A
Nearby Faraway
Wilderness
US Hwy 21
N
Legend
Private Land
State Land
Wilderness
Highway
County Road
Trail
River
Tributary
Project Location
Recreational
Segment
Wild
Segment
Santa Frietta River
Segment
Boundary Downstream
A
84
Yes – Water Resources
Project
Direct and Adverse Effect

85. Scenario B
B
Nearby Faraway
Wilderness
US Hwy 21
N
Legend
Private Land
State Land
Wilderness
Highway
County Road
Trail
River
Tributary
Project Location
Recreational
Segment
Wild
Segment
Santa Frietta River
Segment
Boundary Downstream
B
85

86. Scenario B
B
Nearby Faraway
Wilderness
US Hwy 21
N
Legend
Private Land
State Land
Wilderness
Highway
County Road
Trail
River
Tributary
Project Location
Recreational
Segment
Wild
Segment
Santa Frietta River
Segment
Boundary Downstream
B
86
Yes – Water Resources
Project
Direct and Adverse Effect

87. Scenario C
C
Nearby Faraway
Wilderness
US Hwy 21
N
Legend
Private Land
State Land
Wilderness
Highway
County Road
Trail
River
Tributary
Project Location
Recreational
Segment
Wild
Segment
Santa Frietta River
Segment
Boundary Downstream
C
87

88. Scenario C
C
Nearby Faraway
Wilderness
US Hwy 21
N
Legend
Private Land
State Land
Wilderness
Highway
County Road
Trail
River
Tributary
Project Location
Recreational
Segment
Wild
Segment
Santa Frietta River
Segment
Boundary Downstream
C
88
Yes – Water Resources
Project
Invade or Unreasonably
Diminish

89. Section 7 Framework
 Kind of Activity
• Water Resources Project
 Standards to Apply
• OHW, bed and banks
• Inside, outside corridor
• Designated or study river
 Federal Agency Role
• Licensing or Assisting
• River Administering Agency
89

90. Break
• 15 minute Break
• Come back promptly!
90

91. Section 7 Determinations
• When do you do a Section 7?
• What is the process?
• What do they include?
• Who completes?
• Who signs?
91

92. When is a Section 7
required?
 Kind of Activity
 Standards to Apply
 Federal Agency Role
92
• FERC Licensed
• WRP with potential
to affect free flow
or ORV’s
• On or Directly Affecting
• Direct and Adverse Effects
• Invade the Area or Diminish
Values
• Federal Assistance
• River Administering Agency

93. Section 7 Process
93
Proposed Activity
Submitted for Review
ID Team
Project Review
Partners
Project
Proponent
Section 7 Analysis
Signed Section 7
Determination
NEPA
Process

94. Section 7 Process
94
Proposed Activity
Submitted for Review
ID Team
Project Review
Partners
Project
Proponent
Section 7 Analysis
Signed Section 7
Determination
NEPA
Process

95. Section 7 Contents
 River Description
 Management Direction
 Project Activity
 WRP Description
 Evaluation Process
 Analysis of Results
 Determination
95

96. Section 7 Contents
• Description of River
– Length
– Classification
– Ownership
– Landscape Character
– Outstandingly Remarkable
Values (ORVs)
96

97. Section 7 Contents
• Key Direction from
Comprehensive River
Management Plan (CRMP)
– Management Goals
– CRMP Direction
97

98. Section 7 Contents
• Project Activity - WRP Description
– Project Proponent
– Purpose/Need for Project
– Geographic Location: Duration
of Proposed Activities
– Magnitude/Extent of Proposed
Activities
– Relationship to Past/Future
Management
– Additional Facts
98

99. Section 7 Contents
• Evaluation Process
– Describe How the Proposed
Activity Will Directly Alter:
• Within-Channel Conditions
• Riparian and/or Floodplain
Conditions
• Upland Conditions
– Evaluate How Changes in
On-Site Conditions Can/Will
Alter Existing Hydrologic or
Biologic Processes
99

100. Section 7 Contents
• Evaluation Process (cont.)
– Estimate the Magnitude and
Spatial Extent of Potential
Off-Site Changes
– Define the Time Scale Over
Which Steps 3-6 are Likely
to Occur
– Compare Project Analyses
to Management Goals
100

101. Section 7 Contents
• Make the Section 7
Determination
– Explain rationale
– Agency Responsible Official
Signature
101

102. Section 7 Responsibilities
• River-administering Agency
– ID Team
– Contractor
– Partners
• Proponent
– Can assist
– Often provides money
102

103. Section 7 Delegations
• Forest Service
– Regional Forester
• National Park Service
– NPS Director
• BLM
– State Director
• Fish and Wildlife
– Regional Refuge Manager
103

104. Section 7 Exercise
• Place the provided facts
within the relevant section
of the Section 7
Determination.
• Work in small teams
• Discuss other factors you
may want to include or
projects factors you have
used in the past.
104

105. Tested our Knowledge
• Life-like scenarios where
different standards apply
• Re-take pretest to see how
much you’ve learned
105

106. Insert Post-Test
106

107. References
 WSRA Section 7 : 16 USC 1278
 USDA Regulation – 36 CFR 297
 IWSRCC Guidance
 Section 7 technical paper
 Framework for evaluating WRP
 Section 7 flowchart
 WSR Guide to Riverfront Property Owners
 Agency Direction
 BLM Manual 6400
 Forest Service Manual 2354
 NPS (Working on Guidance)
 USFWS
107

108. 108108
Additional Resources
 IWSRCC
 www.rivers.gov
 River Management Society
 www.river-management.org
 River Network
 www.rivernetwork.org

109. Course Goals
• Overview of the WSRA
• Intent of WSRA & Section 7
• Create a framework for
Section 7 statutory text
• Understand the components
of a Section 7 Determination
• Provide tools for river
managers to apply Section 7
109

110. Acknowledgements
Interagency Wild & Scenic
Rivers Coordinating
Council
rivers.gov
River Management Society
river-management.org
110