It’s time to amend the Wild and Scenic Rivers Act to include Tribal river protections
Grand Canyon - Little Colorado River Confluence (AZ) by Rachel Ellis
Bears Ears National Monument (UT) by Mike Fiebig
The Wild and Scenic Rivers Act of 1968 has been the preeminent tool to protect free-flowing rivers in the United States since it was passed more than 50 years ago. Under the Act, rivers with “outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values,” as well as their immediate environments, are protected from dams and other potential harms.
In spite of its success protecting rivers, the Act largely omits Tribes, failing to give Native Nations the authority to designate, manage, and co-manage Wild and Scenic rivers within their own boundaries and on ancestral lands. Correction of this omission is long overdue, both in terms of equity and the long-term benefit to rivers.
Download PDF of the paper and model legislation
We are available for further conversations about this work at your convenience. Please contact us to set up a time to discuss this effort.
Allagash River (ME) by Michael Melford
Designating a river under the Wild and Scenic Rivers Act is a powerful defense against unwanted dams and diversions - it is the only designation that prevents new dams and diversions on designated rivers. However, under the current text of the Wild and Scenic Rivers Act, Tribes do not have the powers that the Act grants to states and private parties.
States and private parties have the ability to petition the Secretary of Interior to give Wild and Scenic protections to rivers and they are also able to receive funding and technical assistance. Tribes do not have these powers under the current language of the Act. Tribes also do not currently have the power to manage Wild and Scenic rivers, even on tribal trust lands - that management power defaults to the National Park Service. Co-management/co-stewardship agreements and cooperative agreements are also not explicitly authorized for Tribes in the Act, which is a potential disincentive for federal agencies to explore such agreements with willing, interested, and knowledgeable Tribes.
As sovereign nations, Tribes should be able to manage Wild and Scenic rivers on their lands, ask the Secretary of Interior to include rivers protected by Tribes under the Wild and Scenic rivers Act, be formally authorized to engage in co-stewardship agreements with federal agencies, and have the ability to receive funding and technical assistance when managing rivers on their lands. The draft proposal that we have created proposes these changes and more. The draft is not intended to be a finished product. Rather, it is a tool to engage Tribes, river advocates, and legal scholars in informed conversation about potential reforms to the Wild and Scenic Rivers Act that would recognize Tribes as sovereign governments and equitably include Tribes in river protection.
Please download and read the Concept Paper and Draft Model Legislation, and let us know what you think. We are available for further conversations about this work at your convenience. Please contact us to set up a time to discuss this effort.
Lamar River Valley (MT) by Mike Fiebig
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The Wild and Scenic Rivers Act Amendments Project was founded in 2021 by American Rivers, the Grand Canyon Trust, and the Getches-Wilkinson Center in response to Indigenous advocates seeking a tool to protect culturally and ecologically important rivers on Tribal lands from FERC-licensed hydropower projects. More input from Tribes, river advocates, and legal scholars is being sought for the next phase of this project.
We are available for further conversations about this work at your convenience. Please contact us to set up a time to discuss this effort.