Wild and Scenic Rivers Process

Environmental process | Environmental review | Wild and Scenic Rivers

Purpose

The federal and state Wild and Scenic Rivers Acts preserve and protect Wild and Scenic Rivers and their immediate environments for the benefit of present and future generations.

Minnesota Statutes, section 85.32, “State Water Trails,” marks rivers that have historic and scenic values and appropriately marks points of interest, portages, campsites, and all dams, rapids, waterfalls, whirlpools, and other serious hazards that are dangers to canoe and watercraft travelers.

The Mississippi National River and Recreation Area (MNRRA) is a unit of the National Park System that Congress established in 1988 to protect and enhance the nationally significant historical, recreational, scenic, cultural, natural, economic, and scientific resources of the river corridor. The MNRRA extends along the Mississippi River and designated adjacent lands for approximately 72 miles from the communities of Dayton and Ramsey in the north to just south of Hastings. The boundary is identical to that of the Mississippi River Critical area. Public Law 100-696 protects, preserves, and enhances the significant values of the waters and land of the Mississippi River Corridor and encourage and facilitate coordinated resources management within its corridor.

Threshold criteria

If a project includes work near one of the rivers on the federal Wild and Scenic Rivers, state Wild and Scenic Rivers, and/or state Water Trail, the MNRRA/Mississippi River Critical Area, you will need to use this guidance. See the “List of Designated Rivers” to see if any water bodies on your project qualify. If your project includes work near one of the rivers listed, follow the appropriate guidance below.

Process

Federal Wild and Scenic Rivers: Saint Croix River

There is a mix of federal and state authorities with jurisdiction over the Saint Croix River. According to the letter from the National Park Service to MnDOT dated June 11, 1991, “The National Park Service has review authority for all projects on the upper portion and on all federally funded projects on the lower segment.” You may also need to coordinate with both the Minnesota Department of Natural Resources (MNDNR) and the Wisconsin Department of Natural Resources (WIDNR). Contact the Project Liaison or OES for additional guidance.

Federal Wild and Scenic Rivers: Candidate Rivers

Minnesota has 50 rivers that are candidates for inclusion in the National Wild and Scenic River System. The “List of Designated Rivers” includes these rivers, which are currently on or under study for designation to the National Wild and Scenic River System. Consider one or more of these rivers if they are within the limits of your project. If the proposed project could have foreseeable adverse effects on a river on this list, or if the project requires a US Army Corps of Engineers (USACE) permit on one of these rivers, you must conduct early coordination with the agency responsible for managing that river (i.e., National Park Service, US Fish and Wildlife Service (USFWS), Bureau of Land Management (BLM), or US Forest Service (USFS). Document the coordination in the environmental document.

State Wild and Scenic Rivers

Minnesota has six state Wild and Scenic Rivers. You must apply special consideration to any of these rivers if they fall within the limits of your project.

State Water Trails

You will need to formally address any river within the project limits that is on the “List of Designated Rivers.” The state pays attention to these rivers in order to:

Provide for small watercraft navigational clearance under hydraulic structures
Coordinate water access requests with the MNDNR

MNRRA corridor/Mississippi River critical area

The National Park Service and MNDNR must review projects that occur within the MNRRA corridor. Coordinate with MNRRA staff (who are part of the National Park Service) early (e.g., via phone call, face-to-face meeting) whenever you have project that exceeds the criteria in Attachment B of the Programmatic Categorical Exclusion (CATEX) Approval Agreement. Use the MnDOT/MNDNR Questionnaire to obtain comments from MNRRA staff and the MNDNR. Summarize the comments you receive from these questionnaires in the project environmental documents.

Other River Boards, Commissions, Etc.

Be aware that there are a number of boards and commissions that have influence or control over certain types of development along and adjacent to various rivers according to Minnesota laws. Be sensitive to these situations and engage with the appropriate agency earl. Some examples of these boards, commissions, etc. and their governing statutes follow:

Watershed Management Organizations: Minnesota Statutes, section 103B.211
Watershed Districts: Minnesota Statutes, section 103D
Mississippi River Parkway Commission: Minnesota Statutes, section 161.1419
Mississippi Headwaters Board: Minnesota Statutes, section 103F.367
Southern Minnesota Rivers Basin Board: Minnesota Statutes, sections 103F.171 and 103F.173
South Dakota-Minnesota Boundary Waters Commission: Minnesota Statutes, section 103B.451

Considerations for environmental document preparation

If your project does not meet the threshold criteria, include a statement to the effect that the project “will not involve any state or federal (potential) Wild and Scenic River, State Canoe and Boating River, or MNRRA/Mississippi River Critical Area” in the environmental document.

Class I Actions (Environmental Impact Statement (EIS) Projects)

Scoping Documents (SD)

Identify any federal, potential federal, and/or state Wild and Scenic Rivers; State Water Trails; or portions of the MNRRA/Mississippi River Critical Area that lie within the project limits. Assess the potential for significant impacts. Use the MNDNR Questionnaire and coordinate with the National Park Service and MNDNR early.

Draft Environmental Impact Statement (DEIS)

Discuss any possible adverse impacts and potential measures for alleviation or minimization to Wild and Scenic Rivers, State Water Trail, or portions of the MNRRA/Mississippi River Critical Area in the DEIS.

Final EIS (FEIS)

Summarize the Wild and Scenic Rivers, State Water Trails, or MNRRA/Mississippi River Critical area sections of the DEIS. Limit those discussions to the facts pertinent to the selected alternative and include proposed measures for mitigation.

Class II Actions (CATEX Projects)

Identify any state or potential federal Wild and Scenic Rivers, State Water Trail, or portions of the MNRRA/Mississippi River Critical area that lie within the project limits. Discuss any possible adverse impacts and any proposed measures to address them in the CATEX.
Coordinate early with the MNDNR Regional Hydrologist and/or Trails and Waterways. Use the MnDNR questionnaire and discuss possible concerns. Send a copy of your correspondence to the MNDNR Office of Planning.

Class III Actions (Environmental Assessment (EA) Projects)

EA

Discuss any possible adverse impacts to Wild and Scenic Rivers, State Water Trails, or portions of the MNRRA/Mississippi River Critical area and any potential measures to minimize these impacts.

Finding of No Significant Impact (FONSI)

Discuss the proposed measures to minimize adverse impacts to the Wild and Scenic River, in the request for a FONSI package and the State Water Trail, or portions of the MNRRA/Mississippi River Critical area state Negative Declaration.

Agency involvement

National Park Service Midwest Regional Office

1709 Jackson Street
Omaha, NE 68102

Projects involving federal (potential) Wild and Scenic Rivers. Saint Croix River projects must coordinate with the National Park Service, which is the agency that has authority to review 404 permits and any federal license, permit, or federal assistance.

National Park Service MNRRA

175 Fifth Street East
Suite 418, Box 41
Saint Paul, MN 55101

Projects in the MNRRA that exceed the criteria in Attachment B of the Programmatic CATEX Approval Agreement between FHWA and MnDOT are of interest to MNRRA staff. Consult MNRRA staff on these projects prior to completing the environmental document.

MNDNR

MNDNR has authority over projects involving federal Wild and Scenic Rivers, Minnesota State Wild and Scenic Rivers, Minnesota Canoe and Boating Routes, and MNRRA/Mississippi River Critical area.

WIDNR

Involve the WIDNR in projects that involve the Saint Croix River.

Mississippi River Parkway Commission

The Mississippi River Parkway Commission has authority over project affecting the Great River Road or Mississippi River Parkway. The commission works toward the planning, construction, maintenance, and improvement of the Great River Road or Mississippi River Parkway in Minnesota.

Mississippi Headwaters Board

Consult with the Mississippi Headwaters Board on projects in the shore land area of the Mississippi River in the counties of Clearwater, Hubbard, Beltrami, Cass, Itasca, Aitkin, Crow Wing, and Morrison. The board has authority to prepare, adopt, and implement a comprehensive land use plan designed to protect and enhance the Mississippi River and related shore land areas.

Southern Minnesota Rivers Basin Board

The Southern Minnesota Rivers Basin Board is concerned with projects that may affect the "Southern Minnesota rivers basin area II" (the area within the watersheds of rivers and streams that are tributaries of the Minnesota River from the south between the cities of Ortonville and Mankato. Major rivers included within the watershed are the Yellow Bank, Lac Qui Parle, Yellow Medicine, Redwood, and Cottonwood. All of Lac Qui Parle, Yellow Medicine, and Redwood counties, and parts of Lincoln, Lyon, Pipestone, Murray, Cottonwood, and Brown counties are included within the boundaries of the area). There is a state grant-in-aid pilot program of providing financial assistance to units of local government, including counties, soil and water conservation districts, and watershed districts, located in the southern Minnesota river basin area II for project and construction costs for the building of floodwater retardation and retention structures within a general plan for floodplain management.

South Dakota/Minnesota Boundary Commission

Involve this commission on projects that may affect levels of boundary water levels.

Minnesota-Wisconsin Boundary Area Commission

Consult the Minnesota-Wisconsin Boundary Area Commission on projects along the Minnesota-Wisconsin border that may affect:

Joint regional planning for the development of boundary areas
Measures for controlling air and water pollution, maintaining water quality, and controlling water use
Programs for the control of soil and river bank erosion and the general improvement of the river basins
The diversion of waters from and into the rivers
Restrictions and regulation of land use development designed to preserve the scenic and recreational attributes of the river basins
Other restrictions, regulations, or programs the commission may recommend to the party states

Permits and approvals

The following permits apply to Wild and Scenic Rivers:

Public Waters Work Permit from the MNDNR
Section 404 Permit from the USACE