Consultation Guidance

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The Council on Environmental Quality (CEQ), created by the National Environmental Policy Act (NEPA) in 1969 to advise the President on environmental policy, provides guidance to federal agencies with permitting and/or granting authority for projects on or near rivers listed on the Nationwide Rivers Inventory (NRI), under the authority of Section 5(d)(1) of the Wild and Scenic Rivers Act.

In accordance with executive memorandum, all agencies must “take care to avoid or mitigate adverse effects” to rivers identified in the Nationwide Rivers Inventory.

Consultation Steps

Federal agencies must consult with the National Park Service (NPS) prior to taking actions that would effectively foreclose a future wild and scenic designation of NRI rivers.

• The NPS is available to assist other federal agencies in carrying out this process. However, it is the role of the federal permitting agency (not NPS) to ensure that effects to NRI rivers are avoided or mitigated. NRI consultation guidance is for federal agencies with permitting and/or granting authority for projects on or near rivers listed on the NRI and projects on federal lands. For projects on federal lands, check with the local land manager to verify that the segment is still considered ‘eligible and/or suitable’ in their most recent land or resource management plan. Consultation does not apply to private land owners unless they are seeking a permit from a federal agency. 

If NPS does not respond to your request for assistance within 30 days, you may proceed with completing preparation and circulation of the EA or EIS as planned. Even where NPS has been unable to comment on the EA or DRAFT EIS, you are still obligated to "…take care to avoid or mitigate adverse effects on the rivers identified in the Nationwide Inventory…" CEQ states that you may proceed with the following in mind:

1. Determine whether the proposed action could affect an NRI river.

• Check the current NRI list to determine whether the proposed action could affect an NRI river (i.e., is the proposed action location in the vicinity of the NRI segment? See CEQ Memorandum for examples).

• If an NRI river segment could be affected by the proposed action, an environmental assessment (EA) and/or environmental impact statement (EIS) may be required depending on the significance of the effects.

• If the action would not affect an NRI river, no further action is necessary regarding the NRI. (The agency is still required to fulfill any other responsibilities under NEPA.)

2. Determine whether the proposed action could have an adverse effect on the natural, cultural, and recreational values of the NRI segment. These values are listed as “outstandingly remarkable values” (ORVs) on the NRI (See CEQ memorandum for examples).
   
   Adverse effects on NRI rivers may occur under conditions which include, but are not limited to:

• Destruction or alteration of all or part of the free-flowing nature of the river;

• Introduction of visual, audible, or other sensory intrusions which are out of character with the river or alter its setting;

• Deterioration of water quality; or

• Transfer or sale of property adjacent to an NRI river without adequate conditions or restriction for protecting the river and its surrounding environment.

3. Determine whether the proposed action could foreclose options to classify any portion of the NRI segment as wild, scenic, or recreational river areas.

• In some cases, impacts of a proposed action could be severe enough to preclude inclusion in the Wild and Scenic Rivers System, or lower quality of the classification (e.g., from wild to recreational). If the proposed undertaking could effectively downgrade any portion of the NRI segment, you should consult with NPS.

• Proposed actions (whether uses or physical changes) which are theoretically reversible, but which are not likely to be reversed in the short term, should be considered for all practical purposes to have the effect of foreclosing Wild and Scenic River status. This is because a river segment, when studied for possible inclusion in the Wild and Scenic Rivers System, must be judged as it is found to exist at the time of the study, rather than as it may exist at some future time.

• If a proposal, including one or more alternatives, could have an adverse effect on an NRI river, an EA, or, if the effects are significant, an EIS, must be prepared.

4. Incorporate mitigation/avoidance measures in the proposed action to the maximum extent feasible within the agency’s authority.

Resources 

Suggested resources for entities proposing projects that could affect NRI rivers to learn more about the river and potential river values:

• Find maps and aerials of a stream's location, surroundings, degree of wildness or development, and accessibility.

• ArcGIS online for U.S. Forest Service (USFS), National Park Service (NPS), Bureau of Land Management (BLM), and/or US Geological Survey geospatial information

• Identify known river values for the segment of interest.

• Nationwide Rivers Inventory (NRI) to see what ORVs are listed and their description

• U.S. Fish and Wildlife Service maps and GIS files of designated Critical Habitat

• National Oceanic and Atmospheric Administration Maps and GIS files of Fisheries designated Critical Habitat and maps and GIS data for Essential Fish Habitat

• For recreation, search the National Water Trails for a listing of rivers and American Whitewater for an index of whitewater rivers.

• Search for river facts and data.

• Watershed assessments may be available from local watershed groups

• State Wild and Scenic River Programs can provide further information about a river and may have rivers listed in a state program

• American Rivers Outstanding Rivers List (out of print: Huntington, Matthew H., and John D. Echeverria. The American Rivers Outstanding Rivers List. American Rivers, Inc., 1991.) provides historical information

• Consult current plans.

• Recent plans can be found online, often by searching 'Land and Resource Management Plans' within Bureau of Land Management (BLM), National Park Service (NPS), U.S. Forest Service (USFS), or U.S. Fish and Wildlife Service (USFWS) area for rivers flowing through public land.

• Some rivers on the NRI have also been found eligible/suitable by the respective land managing agency. Wild and Scenic eligibility or suitability reports are often embedded in the Draft Environmental Impact Statement accompanying a plan, and in appendices. Some exist as separate documents, done before or after the plans were completed.