Skagit WSR - FAQ's about Managing the Skagit System

MANAGING THE SKAGIT SYSTEM:
RESPONSIBILITY OF FEDERAL, STATE AND LOCAL AGENCIES

Q: Does the Forest Service as the river-administering agency have the authority to regulate activities on nonfederal land?

A: No. The Forest Service does NOT have authority to regulate the use of private lands. As they were prior to designation, nonfederal lands remain subject to state and county laws and regulations.

Q: What is the role of the Forest Service on nonfederal lands?

A: The role of the Forest Service on nonfederal lands is to monitor activities within the river corridor and, for any proposed activity that is likely to have adverse impacts on the values of the river system, to work cooperatively with state and local agencies, and landowner(s) to resolve. The Forest Service may provide technical assistance to find ways to alleviate or mitigate the potential threat. If state, county and local laws and regulations and/or technical assistance fail to protect river values, the Forest Service has the authority for limited purchase of private lands in fee title or a scenic or access easement.

Q: What is the authority for and how much land may be purchased within a WSR corridor?

A: Section 6 of the WSRA authorizes acquisition of fee title within the river corridor to not more than an average of 100 acres per river mile. This acquisition is on a willing seller basis. The WSRA also provide for the acquisition of partial rights (easement).

Q: What is the role of the Forest Service in regulating surface use of the water within the a Wild and Scenic River?

A: Section 10(d) of the WSRA provides for the USFS to use its general statutory authorities to protect WSR values. This section allows the USFS to require special-use permits for all commercial guiding services on WSRs. (36 CFR 261.1(a)(4) and 36 CFR 261.58(z). Further, the Code of Federal Regulations (CFR) requires that all commercial uses of National Forest System Land, which includes waters administered by the Forest Service, must be authorized by a special-use permit (36 CFR 251.50(a).

Requiring special-use permits for commercial guides and, as appropriate, non-regulatory or regulatory permits for private on-river and/or in-corridor river use allows the USFS to provide a level of public safety, to maintain a desired recreation experience, and to protect biological and physical values. On-river limitations may include, for example, restrictions on the numbers of private and commercial boaters, timing of use, and type and size of craft. In-corridor limitations may include, for example, restrictions on party size, timing of use, and type of activities.

Q: What is the role of the Forest Service relative to preserving the river’s free-flowing condition?

A: Section 7(a) of the WSRA directs the river-administering agency to review water resources projects (proposed activity within the river’s bed or its banks from 36 CFR 297.3) that require federal assistance (e.g. loan, grant, permit or license). This authority is based on existing federal law under the authority of other federal agencies (e.g. the Army Corps of Engineers – ACOE –administers proposals for disposal of dredged or fill material in waters of the United States under Section 404 of the Clean Water Act). Review by the Forest Service is to determine if a project proposal adversely affects the values for which a river is added to the National System – i.e., its free-flowing condition, water quality, and outstandingly remarkable values.

Q: Does the Forest Service as the river-administering agency have the authority to prohibit a landowner from using bank stabilization measures?

A: No. The Forest Service does NOT have the authority to prohibit a landowner from using bank stabilization measures. That authority resides with the assisting federal agency, typically the ACOE through its administration (33 CFR 320) of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The assisting federal agency may not authorize bank stabilization or other water resources projects determined by the Forest Service to adversely affect the values for which the river was established (16 USC 1278).

Q: May the FS direct actions of state or local agencies?

A: No The Forest Service does NOT have authority to direct the actions of state or local agencies. The WSRA encourages a federal-state partnership in river administration. It recognizes the benefits from collaborative implementation of the river plan and the role of state and local governments in directing activities on nonfederal land (e.g., water pollution abatement, zoning) in Section 10(e). This section of the WSRA authorizes the Forest Service to enter into written cooperative agreements with state and local agencies for planning and administration.

Q: May the FS direct actions of other federal agencies?

A: No. The Forest Service does NOT have authority to direct the actions of other federal agencies. Through the Section 12(a) of the WSRA, Congress directs other federal agencies to protect river values in additional to meeting their agency mission. This direction applies to activities conducted by a federal department or agency within or proximate to a WSR corridor.

Q: Generally, what responsibilities do other federal, state and local agencies have with respect to management of the Skagit System and how do their authorities relate to that of the Forest Service?

A: The Forest Service uses the Skagit River Management Plan to manage National Forest System lands. Other local, state and federal agencies have responsibility and authorities on non-National Forest System lands. Among the key agencies with authorities related to management of the Skagit System are the following:

Local agencies:

  • Skagitand Snohomish Counties and incorporated cities: (permitting, zoning, shoreline management, flood control, special districts, utilities; Shoreline Management Act, Growth Management Act)

State agencies:

Federal agencies: (This is a partial list, see also Implementing the Wild & Scenic Rivers Act: Authorities and Roles of Key Federal Agencies on the Publications page at the IWSRCC website.)

  • Army Corps of Engineers:(ACOE) has three broad program areas related to river management: civil works (navigation, hydropower, flood control, irrigation and water supply, fish and wildlife conservation enhancement, regulation of construction and dredged and fill material discharges into aquatic areas, and outdoor recreation); reimbursable support of other federal agencies (such as the EPA’s “Superfund” program); and responding to emergency relief activities directed by other federal agencies. (Permitting: discharge of dredge/fill material or structures, under Section 404 Clean Water Act and Section 10 Rivers and Harbors Act.)
  • U.S. Fish and Wildlife Service: Mission: working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people. (Permitting: Endangered Species Act requirements)
  • NOAA Fisheries: Mission: stewardship of living marine resources through science-based conservation and management and the promotion of healthy ecosystems. (Permitting: Endangered Species Act requirements)
  • Environmental Protection Agency: was established in 1970 to protect and preserve public health and the vitality of natural ecosystems. Related to the goals of the WSRA, the EPA administers activities under the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA).
  • FEMA: Mission: reduce the loss of life and property and protect our institutions from all hazards by leading and supporting the nation in a comprehensive, risk-based emergency management program of mitigation, preparedness, response and recovery. FEMA provides disaster recovery funding for projects which may require review under WSRA.
  • FERC: The Federal Energy Regulatory Commission (FERC) is an independent federal commission in the Department of Energy with the exclusive authority to license non-federal water power projects on navigable waterways and federal lands. There are two major licensed hydropower projects in the Skagit watershed, the Skagit River Project (Seattle City Light) and the Baker River Project (Puget Sound Energy).

Tribes: Washington State treaty tribes are sovereign nations and co-managers with WDFW of the state’s fishery resource. There are three local tribes in the Skagit System.

  • Upper Skagit Tribe
  • Swinomish Tribe
  • Sauk Suiattle Tribe
  • Skagit River Systems Cooperative: is a natural resourcemanagement agency working on behalf of the Sauk-Suiattle and Swinomish Indian Communities.

Non-governmental organizations: There are many non-governmental organizations with an interest in the conservation and management of the Skagit Wild and Scenic River and its resources. Some of the key organizations include: