scholarly journals The Wild and Scenic Rivers Act at 50: Overlooked Watershed Protection

Author(s):  
Michael Blumm ◽  
Max Yoklic

The Wild and Scenic Rivers Act (WSRA) marked its fiftieth anniversary in 2018 without much fanfare. The WSRA has been somewhat overshadowed by the Wilderness Act, which preceded it by four years, and by the National Environmental Policy Act and the pollution control statutes which followed in the 1970s. But the WSRA was a significant conservation achievement, has now extended its protections to over 200 rivers, and has the potential to provide watershed protection to many more in the future. This article explains the statute and its implementation over the last half-century as well as a number of challenges to fulfilling its laudable goals of protecting free-flowing rivers, their water quality, and their “outstandingly remarkable values.” We make a number of suggestions to the managing agencies and to Congress if the WSRA’s achievements over the next half-century are to match the last fifty years, including reviving congressional interest in study rivers, updating managing agencies’ river plans to focus on non-federal lands within river corridors, and ensuring that those river plans provide the watershed protection Congress envisioned when it included a significant amount of riparian land within WSRA river corridors. We also call for a new emphasis on rivers that should be studied for their restoration potential and for more states to take advantage of the statute’s unusual pathway for state-designated rivers to gain WSRA protections. A postscript briefly explains a recent congressional proposal to expand the WSRA system, and an appendix catalogues all 226 WSRA river segments designated during the statute’s first fifty years.

1990 ◽  
Vol 16 (3) ◽  
pp. 399-427
Author(s):  
Pamela D. Harvey

Environmental pollution threatens public health. The search for solutions has advanced the frontiers of science and law. Efforts to protect the environment and public health begin with describing potential adverse consequences of human activities and characterizing the predicted risk. The National Environmental Policy Act requires the preparation of environmental impact statements to describe the effects of proposed federal projects and provide information for agency decisionmakers and the public.Risks to public health are particularly difficult to quantify because of uncertainty about the relation between exposure to environmental contamination and disease. Risk assessment is the current scientific tool to present estimates of risk. The methodology has created controversy, however, when underlying assumptions and uncertainties are not clearly presented. Critics caution that the methodology is vulnerable to bias. This Note evaluates the use of risk assessment in the environmental impact statement process and offers recommendations to ensure informed decisions.


Author(s):  
Theresa Pasqual

Tribal governments in the Southwest employ a number of individuals to help with the preservation of tribal values and places. In this chapter, Theresa Pasqual, former director of Acoma Pueblo’s Historic Preservation Office and an Acoma tribal member, talks about her professional pathway, how Acoma has worked with other tribes to protect traditional cultural properties (TCPs), the challenges that tribes face in implementing the National Environmental Policy Act (NEPA), and how tribal values can be incorporated into the preservation process. Based on her long experience, she emphasizes the importance of stewardship, listening, and collaboration—with the latter including collaboration between tribes as well as with archaeologists, anthropologists, and historians. She also provides insights into the process for the recent successful nomination of Mount Taylor to the New Mexico Register of Cultural Historic Properties, the largest such property currently on the register.


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