RM46 guidance on free-flowing condition: “Section 16(b) of the WSRA states: Free-flowing, as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the national wild and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the national wild and scenic rivers system. When assessing free-flow, it is important to document the river’s in-channel condition and hydrologic function, any modifications of the waterway or banks, and how such modifications affect the river’s free-flowing condition. Rivers that have dams above, downstream, or on a tributary to the study segment, including those that regulate flow through the segment, along with the existence of minor dams, rip-rap, and other diversions within the segment, may still be eligible as long as the river is otherwise free-flowing and supports at least one ORV. River segments that do not meet these criteria are ineligible.”

You want to be able to show where your river functions like a river and where it doesn’t. Identify dams, impoundments, diversions, hardened shorelines, and bridges and culverts, and describe implications for river flow when known. You might need to conduct a visual survey (or take field measurements of hardened shoreline, for example) in areas where you are lacking information, though a detailed hydrologic flow survey is not expected to be completed as part of your PWSR study.

Where to look for information: state or town geospatial databases for road-stream crossings and river dams; state DOTs or other transportation agencies (they should have detailed information on shoreline alterations associated with bridges); dam owner reports to licensing agencies; local public works departments; shoreline surveys and other special studies conducted for your river or watershed (instream flow studies, fluvial geomorphological studies, culvert surveys, fish passage assessments); local knowledge, including historical societies for information on historic/remnant dams or mill structures.

RM46 guidance on water quality: “… Along with a river’s free-flowing condition and ORVs, water quality is a third fundamental value that must be protected and enhanced on all WSRs. However, while water quality condition is a fundamental value of WSRs and has implications for classification, water quality is not an eligibility criterion.”

WSRs generally have very good water quality conditions to support multiple uses and sustain healthy aquatic ecosystems. You will want to document existing water quality conditions, assessments, supported uses, and water quality management and monitoring programs in your study.

Where to look for information: state water quality assessments, reports, and databases; state and EPA point source discharge permit programs; ongoing state and local water quality monitoring programs (beach sampling, shellfish sanitation surveys); state agencies’ nonpoint source pollution programs, river programs, and watershed assistance programs; volunteer sampling programs (water quality, aquatic macroinvertebrates); local stormwater management programs; shoreline surveys; local knowledge of conditions and other sampling programs.

Outstandingly Remarkable Values (ORVs)

RM46 guidance on ORVs (underlines added): “Outstandingly remarkable values (ORVs) are defined as the characteristics that make a river worthy of designation. These are river-related or river-dependent values that are unique, rare, or exemplary at a regional or national scale of comparison. They can include scenery, recreation, geology, cultural, fish, wildlife, or other similar values such as ecology, hydrology, botany, or paleontology resources. In addition, rivers with exceptional water quality may sometimes include water quality as an ORV. Only one ORV is needed for a river to be considered eligible.

1. River-Dependent: ORVs must be river-related or river-dependent. They must be located in the river or on its shore lands (generally within one-quarter mile on either side of the river) and contribute substantially to the function of the river ecosystem, and/or owe their location or existence to the presence of the river.
2. Unique, Rare, or Exemplary: ORVs must be unique, rare, or exemplary in a regional or national context:
   
   • Unique - One of a kind (e.g., a recreation ORV might be present if the river is the only one in the region that has year-around boatable flows)
   • Rare - Very uncommon (e.g., one of the only occurrences of freshwater mussel habitat in the region)
   • Exemplary - Conspicuous example from among a number of similar values on a regional or national scale that are themselves uncommon or extraordinary (e.g., one of the best spawning grounds for salmon in the region, or a series of unusual and distinctive river related features [aggregate values] that together may qualify a segment as exhibiting an “outstandingly remarkable value”)
3. Region of Comparison: The region of comparison should be delineated so that the river segments being analyzed can be compared to other similar rivers. Regions should not be so large as to unreasonably restrict ORVs to those that are nationally or internationally significant, nor so small that most river resources would qualify as rare or exemplary in some way. A region of comparison may be defined for each ORV as appropriate. For example, the region of comparison for recreational ORVs may be based on travel time for the population using the resource, while the region of comparison for cultural ORVs could be the area that historically was inhabited by a particular culture. Regions of comparison could include portions of a state, multiple states, or appropriately scaled hydrologic or physiographic regions. A key factor in determining the region of comparison is the availability of information to support evaluation.”

“…. The determination that a river contains ORVs is a professional judgement based on the [Interdisciplinary Team or Study Team] and objective, scientific analysis.”

More information on ORVs:

• The Wild and Scenic Study Process (December 1999), a Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council, includes additional guidance on ORV evaluation and provides suggested criteria for each of the standard ORV categories.
• River Management Society’s River Training Channel includes a Wild and Scenic Rivers training series that features a workshop on ORVs (May 2022).

It’s typical for a Study Committee to form a subcommittee that focuses on ORV identification and documentation. The subcommittee can engage additional resource experts, as needed, particularly for assistance with determining if a resource is unique, rare, or exemplary in a national or regional context.

Where to start:

• See if your river is included in the Nationwide Rivers Inventory (NRI), a listing of more than 3,200 free-flowing river segments in the United States that are believed to possess one or more “outstandingly remarkable” natural or cultural values judged to be at least regionally significant. 
• Some preliminary eligibility assessments, resource inventories, and data compilation activities were likely conducted for your river by the group that organized local support for your river study legislation. The three rivers that had study bills passed in 2014 all had “Reconnaissance Surveys” completed by NPS at the request of congressional sponsors of study bills (see the Wild and Scenic River Reconnaissance Survey of the Wood-Pawcatuck Watershed, as an example).
• Create public input opportunities early in your study to affirm or identify possible ORVs for your committee (or ORV subcommittee) to further evaluate.
• Meet with multiple state agencies and regional conservation organizations to introduce them to your study and request their assistance in identifying relevant data and reports to support ORV identification and documentation.
• Review and compile information from existing designations and assessments: National Register of Historic Places and other significant designations (e.g., National Historic Landmarks, National Heritage Areas, National Wildlife Refuges, National Monuments, National Natural Landmarks, National Scenic Areas, Scenic Byways, National Recreation Areas, etc.), state river designations, state agency assessments and reports (e.g., statewide comprehensive outdoor recreation plans, wildlife action plans, water quality reports, biodiversity assessments, rare-endangered-threatened and special concern species listings, statewide habitat / community type evaluations and focus areas, etc.).
• Develop an approach to objectively review and document information, recruit local subject area experts for your ORV team, and gather public input / local knowledge for all potential ORVs.

Existing assessments and designations by resource agencies are extremely helpful, but there can be data gaps and/or needs for re-assessment to confirm the current status of potential ORVs. Additional assessments, expert input, detailed analysis by your ORV team, or new studies might be needed to evaluate ORVs or water quality conditions for your PWSR study.

RM46 guidance on determining suitability for designation:

[For WSR studies] “Design a suitability study to address the following:

• Should the river’s values (free-flow, water quality, and ORVs) be protected or are one or more other uses important enough to do otherwise?
• Will the river’s values be protected through designation? Is it the best method for protecting the river corridor?
• Is there a demonstrated commitment to protect the river by any non-federal entities that may be partially responsible for implementing protective management?”

“… For a partnership study river to be found suitable for designation, there must be strong evidence that local communities are willing to self-regulate, and to work cooperatively with agencies at all levels of government, along with residents and non-government organizations (NGOs), to permanently protect the river’s ORVs, water quality, and free-flowing condition.”

For your suitability assessment, you’ll need to document and assess the existing management frameworks, protections, community capacity, and local support for ORVs and river conservation (including federal, state, and local regulatory and non-regulatory measures). The suitability evaluation for “strong evidence” of community support is more qualitative than the eligibility evaluation for ORVs and free flowing conditions. The ultimate indicator of suitability for PWSR designation will come at the end of your study (and after you’ve completed your suitability assessment and written your River Management Plan), when towns vote to endorse designation and the plan.

Where to look for information/what to document or evaluate: town comprehensive plans / master plans and open space plans for river protection policies and priorities; local regulations, ordinances and zoning (including shoreland zoning); municipal staff capacity to implement programs or enforce rules; town boards and commissions and their roles for protecting ORVs and river resources; state programs and rules; federal programs and partners; local funding for river protection efforts; other local and regional river conservation/restoration initiatives, including work by nonprofit groups; local partnerships promoting sustainable river use and river protection; river initiatives that involve citizen volunteers; other river use, river management or ORV related plans (nonpoint source management plans, river use and access management, scenic resources inventories, etc.).

Designation Recommendation and Classification

Your committee will need to identify the specific rivers or river segments (identifying the upstream and downstream boundaries of each river segment, as appropriate) that meet eligibility criteria, plus assign a designation classification of wild, scenic, or recreational to the river segments you are proposing for designation. The WSR Act describes each class of rivers as follows:

1. Wild rivers: Those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America.
2. Scenic rivers: Those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads.
3. Recreational rivers: Those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past.

RM46 guidance on determining classification:

“When a river is found eligible for WSR designation, it is assigned a preliminary river classification as wild, scenic, or recreational. Classification is based on the existence of water resource projects in the corridor, the level of shoreline development, accessibility to the river, and water quality at the time of designation. A river’s preliminary classification is not indicative of the outstandingly remarkable values for which a river might be added to the NWSRS. For example, a scenic river segment need not possess outstanding scenery, and a recreational river segment need not have recreation identified as an outstandingly remarkable value.”

“The four criteria used in determining classification are 1) presence of water resource development, 2) shoreline development, 3) accessibility, and 4) water quality.”

The data and information you compiled for your assessments of free flow condition (including riverbank alterations, impoundments, diversions, etc.) and water quality, plus assessing the level of development in adjacent shoreline areas, can help your committee determine the most accurate classification(s). You can assign different classifications to each river segment, based on the characteristics of each segment. One classification is not more desirable than another, i.e., a “wild river” is not more worthy of designation than a “recreational river.” The classification is intended to accurately characterize the river’s current status and serve as a baseline to provide a framework for future management strategies to sustain river qualities. This process will be coordinated closely with NPS staff, as they must formally recommend segments and classifications to Congress.