Wilderness Questions [PDF [1]]

• What is Wilderness? [2]
• How much of our nation’s land is federally protected as Wilderness? [3]
• What activities are allowed in Wilderness areas? [4]
• What activities are off-limits? [5]
• Is livestock grazing allowed? [6]
• What about private or state lands? [7]
• What about protection from fire of forests and homes near wilderness areas? [8]

Wild & Scenic Rivers Questions [PDF [9]]

• What are Wild & Scenic Rivers? [10]
• Which streams are candidates for Wild & Scenic protection in the San Gabriel Mountains? [11]
• What does National Wild & Scenic River designation mean? [12]
• Will Wild & Scenic protection affect private property? [13]
• Can private land be condemned on the Wild & Scenic Rivers in the San Gabriel Mountains? [14]
• How does Wild & Scenic protection affect public lands? [15]
• What does Wild, Scenic, or Recreational classification mean? [16]
• Does Wild & Scenic protection affect existing water rights? [17]
• How does a stream become a Wild & Scenic candidate? [18]

What is Wilderness?

The Wilderness Act of 1964 defines wilderness as “an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” The Act goes on to describe wilderness as “an area of undeveloped federal land” which “generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable….” Wilderness areas are designated by Congress.

How much of our nation’s land is federally protected as Wilderness?

Approximately 109 million acres of public lands are protected by law as wilderness – less than five percent of our nation’s cherished landmass. Seven of every eight acres of qualifying public land administered on behalf of Americans by the U.S. Forest Service and Bureau of Land Management lack legal protection as wilderness.

What activities are allowed in Wilderness areas?

Any form of non-mechanized use is generally permitted, and motorized travel is allowed in cases of emergency. That means Wilderness areas are open to hiking, camping, hunting, fishing, outfitting and guiding, kayaking, canoeing, rafting, swimming, backpacking, horseback riding, pack trips, wheelchairs (including motorized wheelchairs), skiing, snow-shoeing, bird-watching, scientific research and nature study, control of fire and insect and disease outbreaks, livestock grazing, mining on pre-existing claims, and continued use, with reasonable access, of tracts of private or state land that may be within the boundaries of some wilderness areas.

What activities are off-limits?

The Wilderness Act protects our wilderness areas from road building, oil and gas drilling, logging, mechanical vehicles such as dirt bikes, off-road vehicles, mountain bikes, and snowmobiles (certain motorized wheelchairs are allowed), new mining claims, new reservoirs, power lines, pipelines.

Is livestock grazing allowed?

Grazing is allowed where established before designation as wilderness. Land management agencies may require additional environmental safeguards to protect the natural integrity of the wilderness area.

What about private or state lands?

Wilderness designation applies only to federal lands. Private property owners are guaranteed access to their land. Studies have shown that property values go up in areas that are near federally protected lands.

What about protection from fire of forests and homes near wilderness areas?

Using whatever means necessary, the land managing agencies may fight forest fires in wilderness. The Wilderness Act provides that, “such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary [of Agriculture] deems desirable.”

What are Wild & Scenic Rivers?

The National Wild & Scenic Rivers Act is the nation’s primary river conservation tool. Congress passed the Act
in 1968 to specifically balance our existing policy of building dams to develop rivers for the water, power, and
flood control resources, with a new policy of protecting some free flowing rivers with outstanding natural and
cultural values for the benefit and enjoyment of present and future generations.

Which streams are candidates for Wild & Scenic protection in the San Gabriel Mountains?

As part of the 2005 forest plan updates for the four southern California National Forests, the Forest Service
identified eight streams flowing through public lands in the San Gabriel Mountains as eligible for federal
protection, including segments of the San Gabriel River (East, West, and North Forks), Piru Creek, San
Francisquito Creek, Little Rock Creek, San Antonio Creek, and the Middle Fork of Lytle Creek.

What does National Wild & Scenic River designation mean?

Wild & Scenic protection explicitly prohibits the federal government from licensing or permitting new
hydroelectric dams or major diversions on protected stream segments. The federal government may license new
water resource projects upstream or downstream of protected segments as long as the projects do not
unreasonably diminish the stream. Public lands within an average quarter mile wide corridor on both sides of the
streams are managed to protect their outstanding scenic, recreational, historical/cultural, fish, wildlife, ecological,
geological, and hydrological values.

Will Wild & Scenic protection affect private property?

No, because the National Wild & Scenic Rivers Act confers no federal authority over private land use or local
zoning of private lands. There is no practical impact on private property, except that federal protection typically
increases private property values and contributes to the local economy by attracting tourists and recreational
visitors.

Can private land be condemned on the Wild & Scenic Rivers in the San Gabriel Mountains?

No, because all of the eligible segments are already more than 90% under public ownership. The National Wild &
Scenic Rivers Act prohibits fee title condemnation of any private lands along protected rivers if 50% or more of
the river segment in question is already under public ownership. As a practical matter, condemnation is used by
agencies only as a last resort. No private land has been condemned on any wild and scenic river in California.

How does Wild & Scenic protection affect public lands?

Public lands within an average of 1/4 mile on each side of the river are managed to protect the river’s free flowing
character and outstanding values. Federal agencies that administer public lands are responsible for the
management of designated rivers and are required to develop a plan within three years of designation to guide
future management of the protected stream.

What does Wild, Scenic, or Recreational classification mean?

In addition to protecting a river’s free flowing character and outstanding values, federal agencies are also required
to manage the public lands along protected segments according to their Wild, Scenic, or Recreational
classification. Classification is based on the existing level of development along the river. The following
guidelines are used to establish and manage for classification:

• Wild - These segments are wild, unroaded and undeveloped. Logging, road building, new mining claims,
  developed campgrounds, and motorized access are generally prohibited on Wild segments. All other
  activities associated with public lands such as grazing, mining of valid existing claims, hunting and other
  forms of non-motorized recreation are permitted subject to the protection of outstanding values.
• Scenic - These segments are generally undeveloped, but may have occasional road crossings and riverside
  structures that are visually screened from the river. Motorized use on trails may or may not be permitted based
  on existing use. All other activities normally associated with public lands are permitted, as long as visual
  quality and outstanding values are protected.
• Recreational - These segments are generally developed, with parallel roads, bridges and structures. All
  activities normally associated with public lands may occur provided that the stream’s outstanding values are
  protected.

Based on the existing level of development and motorized access, the eight eligible streams identified by the
Forest Service are appropriately classified as Wild or Recreational.

Does Wild & Scenic protection affect existing water rights?

No, the state's authority to regulate water rights remains unaffected by designation. There is a federal water right
conferred by designation, but it begins at the date of designation and is junior to all other existing rights. To
assert this right, the managing federal agency must apply to the appropriate state water rights agency and any
decision would follow existing state water rights procedures and established rule of law. To acquire water rights,
federal agencies would have to pay fair market value. As a practical matter, federal protection will not affect
downstream water projects and are unlikely to affect any upstream water projects.

How does a stream become a Wild & Scenic candidate?

The candidate streams in the San Gabriel Mountains were all determined eligible for Wild & Scenic protection by
the Forest Service in the 2005 forest plan udpates. Congress may protect rivers outright through legislation or may
direct federal agencies that manage public lands to conduct studies and make recommendations concerning
designation. The Forest Service, BLM, and other federal agencies that manage public lands are also required to
identify, study, and recommend candidate Wild & Scenic Rivers in the land and resource planning process. To be
eligible, a candidate river must be free flowing and possess one or more outstanding values. Once a river is
determined eligible, the agency provides interim protection of the river’s free flowing character and outstanding
values until Congress acts in response to the agency study.