What is the Section 7 process?

Designation provides some general protections for the designated area.  Any time a federal agency undertakes a project they must evaluate its environmental impacts using the requirements set forth in NEPA – the 1970 National Environmental Policy Act.  During the Environmental Impact Statement (EIS) required by NEPA, if a project is proposed in the designated area, is federally funded (at least in part), and has proximity to the rivers then the Wild and Scenic Advisory Committee must be consulted.  Wild and Scenic Designation doesn’t change anything about the NEPA process, but it provides direct, local input in the process through the Advisory Committee.  The Committee may provide insight into any way that the project may impact the ORVs identified during study, and provide suggestions for lessening these impacts.

If projects are federally assisted, construction or development, water related, and have a direct relationship to the designated section of the rivers then the project is reviewed under Section 7 of the Wild and Scenic Act.  If the project demonstrates likely adverse impact on the rivers, Section 7 gives the Advisory Committee and the National Park Service veto power over the project.  In the history of Partnership Wild and Scenic Rivers in New England (meaning those designated rivers on private rather than federal property) there has only been one project which did not occur due to the restrictive project alterations required by NPS and the Advisory Committee.  This project was extreme, it required three years of 24 hour/day dredging of a river for boat access to a liquefied natural gas facility, and was along one of the largest anadromous fish runs left in MA. 

Typically, if a project falls under Section 7 review it is reviewed by the local Advisory Committee.  If there are concerns, suggestions are made about changes to the project design or location which would lessen any potential impacts on the designated rivers.  Most often, the NPS and the Advisory Committee are in support of projects which are supported by the towns.  There is still some, but lessened, protections for areas up and downstream, and the tributaries which feed the designated area.  They are in place to be sure that projects do not invade the designated area which have an unreasonably adverse impact on it.

Designation provides local input into projects proposed on designated rivers and funding to carry out desirable projects along the rivers.  It also provides protections for the outstandingly remarkable resources we are currently identifying with the help of our local communities.  Please see our January 2011 meeting minutes supplement on our website (www.vtwsr.org) for a more complete discussion of Section 7 review (or the publications on the National Wild and Scenic Rivers website (http://www.rivers.gov/).