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When was the study authorized?
The study was authorized on October 26, 1992, with the enactment
of Public Law 102-525, which amended Section 5(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(a)).
What is the study area?
The study area is defined by Public Law 102-525 as follows:
"The segment defined by public lands commencing at the U.S. Route
460 Bridge over the New River in [Glen Lyn] Virginia to the maximum
summer pool elevation (1410 feet above mean sea level) of Bluestone
Lake in [Hinton] West Virginia."
The authorizing legislation limits the Wild and Scenic River study
area to the river segment and the adjacent corridor defined by public
lands owned by the U.S. Army Corps of Engineers within the Bluestone
Project Area.
Study Area Map
Wasn't this study completed during the 1990s?
No. The National Park Service (NPS) started the study soon after
its authorization by Congress and completed several initial steps,
but the study was put on hold in 1997 before it could be completed.
Why was the study put on hold?
To allow staff from the New River Gorge National River and the West
Virginia Division of Natural Resources (DNR) to focus on developing
a new license agreement for the Bluestone National Scenic River
(NSR), which is adjacent to the study area. The park and the West
Virginia DNR came to an agreement on the new license for the Bluestone
NSR in the fall of 2002, and the study was reactivated in 2003.
Who is conducting the study?
The Northeast Region / Philadelphia Office of the National Park
Service has lead responsibility for the study on behalf of the Secretary
of the Interior (who was assigned responsibility in the authorizing
legislation). The National Park Service has engaged Phil
Huffman and Drew Parkin, consultants with substantial experience
on Wild and Scenic River studies, to assist with the project.
What is the study process?
The Wild and Scenic Rivers Act provides a process for determining
whether rivers are eligible and suitable for inclusion into the
National Wild and Scenic River System.
To be eligible, a river or river segment must be free-flowing
and possess at least one outstandingly remarkable scenic, recreational,
geologic, fish and wildlife, historical, cultural, or other similar
value. Eligible segments are classified as "wild", "scenic", or
"recreational" based on established criteria, including existing
water quality, the amount of development along the river corridor,
and accessibility.
The suitability determination involves an evaluation of
whether Wild and Scenic River designation would be an appropriate
element of long-term management of the river or, in other words,
whether designation makes sense for the river in question. This
evaluation includes:
considerations of existing land ownership and management,
alternatives for how the river might be administered and managed
if designated,
what the effects of designation might be (including whether
designation would provide additional protection to important river-related
resources), and
whether there is support for designation among key stakeholders
(e.g., local communities, state and federal agencies, and nongovernmental
organizations).
Has the river been found eligible for designation
into the National Wild and Scenic River System?
The National Park Service released a draft eligibility report in
July 1994. The Study Team has recently verified and updated the
findings from the draft report. The study segment is eligible for
inclusion into the National Wild and Scenic Rivers System, and meets
the criteria for "scenic" river classification. Six outstandingly
remarkable resource values have been documented in the study area:
scenery, fish, wildlife, recreation, geology/hydrology, and archeological/historic
resources. Go here to read more.
Does management of river flows at the Claytor
Dam upstream or the Bluestone Dam downstream affect the study segment's
"free-flowing" condition and eligibility for Wild and Scenic River
designation?
No. The Wild and Scenic Rivers Act defines free-flowing as "existing
or flowing in a natural condition without impoundment, diversion,
straightening, rip-rapping, or other modification of the waterway."
This definition applies to modifications of the waterway within
the established boundaries of the study area, and therefore does
not preclude eligibility in cases with impoundments upstream or
downstream and managed flows. Indeed, there are many examples of
designated Wild and Scenic Rivers above and below existing dams
and impoundments, such as the Bluestone National Scenic River. And
while the segment of the Upper New River currently under study is
subject to occasional inundation for downstream flood control at
times of high flows, the segment is flowing and riverine in appearance
most of the time and meets the "free-flowing" criterion.
What are the next steps in the study process?
(1) Evaluate the pros and cons of potential management
alternatives for the study area (including some with Wild and
Scenic River designation and some without), (2) Prepare a draft
study report for public review and comment, and (3) Identify a preferred
alternative for future management (if possible). These steps will
be completed before the National Park Service makes any recommendations
to Congress about whether the study segment should be designated
into the National Wild and Scenic River System.
Will there be opportunities for the public to
participate in the study process?
Yes. The National Park Service will hold open public gatherings
at key junctures in the process to provide information and seek
public input. The NPS will publicize these events through the local
media and other mechanisms. The first round of public open houses
were held in December 2003. Additional public gatherings are planned
for July and fall of 2004. More
These events will be publicized through press releases to the regional
media and announcements to individuals on the NPS mailing list for
the project. To get on the mailing list, please contact the National
Park Service project manager, Dave Lange. More
Have any decisions been made as a result of this
study about future management or designation of the river?
No. The National Park Service does not have any preconceived ideas
regarding future management or designation, other than that the
river and its adjacent corridor should be managed to conserve the
important resource values identified in the eligibility analysis.
Will there be a land transfer if the river is
designated?
The National Park Service has no preconception regarding whether
this would be desirable or warranted, nor is there any requirement
that this be a component of management. The issue will be one of
many to be considered in the exploration of possible management
alternatives.
Who will make the final decision about whether
or not to designate the river?
The National Park Service will prepare a study report that contains
recommendations or, at the least, alternatives for future management.
The report will be submitted to Congress by the Secretary of the
Interior. A final decision to designate the study segment into the
National Wild and Scenic Rivers System would be in the form of federal
legislation passed by Congress and signed by the President.
What are the implications of the study and potential
wild and scenic designation on the Drift and Debris Study and the
Dam Safety Assurance Project at Bluestone Dam?
The Wild and Scenic River study area stops at the maximum summer
pool elevation of Bluestone Lake (1410 feet above sea level). The
study and potential designation will have no effect on project operations
that do not affect the river upstream of the current maximum summer
pool elevation.
Would the Tri-Cities Hydropower Project be affected
in any way if the river were to be added to the Wild and Scenic
River system?
The National Park Service's understanding is that the hydropower
project is proposed to be operated as a "run-of-river" project utilizing
the existing maximum summer pool elevation. As such, the hydropower
project would not be affected by Wild and Scenic River designation.
What effects would wild and scenic river designation
have for the New River?
The fundamental result of designation would be a permanent prohibition
on new dams and other water development projects that would have
a negative effect on the river and related natural, cultural, and
recreational resources. (In fact, one of the original reasons river
advocates were interested in pursuing potential designation of the
New River was to prevent a proposed electric transmission line from
crossing the river in the heart of the study area.) Designation
also would increase the likelihood that federal actions of all kinds
would be consistent with river management objectives. In addition,
designation could serve as leverage to secure funding, technical
assistance, volunteer involvement, and other commitments to improve
river management and protection. Also, depending on how (or if)
local interests wish to market the designation, it could be used
to help bolster local economies through increased recreation and
tourism. Less tangible benefits often accompany designation as well,
including increased public awareness of the value of the river area
and increased civic pride.
If the river were designated into the National
Wild and Scenic River System, who would have management responsibility
for the river and lands adjacent to the river within the study area?
No decisions have been made about future management of the river
were it to be designated. This issue will be considered with the
public during the evaluation of management
alternatives, and the National Park Service will provide alternatives
and/or recommendations to Congress on which agency or agencies might
be assigned responsibility for managing and administering the river
if it is designated. The Wild and Scenic Rivers Act provides flexibility
in assigning management responsibility, as long as the river is
managed to specified standards. Current Wild and Scenic Rivers include
examples of federal management, state management, local management,
and combinations.
Could the Army Corps of Engineers be the administering
agency if the river were designated?
Yes. There is nothing in the Wild and Scenic Rivers Act that would
preclude the Army Corps of Engineers from being the administering
agency. The Army Corps currently has administrative responsibility
for a section of the Cossatot Wild and Scenic River in Arkansas.
Could the States of West Virginia and Virginia
be the administering agencies?
Yes. There are a number of examples of state-administered National
Wild and Scenic Rivers. The most long-established example is the
Allagash Wilderness Waterway, which has been administered by the
State of Maine since its designation into the national system in
1970.
Would current hunting and fishing activities
within the Bluestone Wildlife Management Area be allowed to continue
if the river is designated?
Yes. Fishing and hunting are regulated under state laws. Hunting
and fishing are allowed in Wild and Scenic River areas, except if
additional regulations are necessary to ensure public safety (e.g.,
establishing no hunting zones near campgrounds) or to achieve other
critical management objectives (e.g., protecting the habitat of
an endangered species).
Who would manage wildlife and the existing campgrounds
within the Bluestone Wildlife Management Area if the river were
designated?
These issues will be considered during the evaluation of management
alternatives, and the existing managers will be actively consulted
and involved in the decision process. There is no Wild and Scenic
Rivers Act requirement that would preclude the state(s) from continuing
to manage campgrounds or wildlife management areas within a designated
Wild and Scenic River. (For example, the West Virginia DNR currently
manages the Bluestone River Unit of the Bluestone Wildlife Management
Area, which surrounds the Bluestone National Scenic River.)
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