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ELK WILD AND SCENIC RIVER STUDY STAGES IN THE STUDY The resulting recommendation and the facts supporting it operation, he can give it up if he wants to, and be paid for it, WHAT IF NO AGREEMENT ON
<br /> are submitted through the Secretary of Agriculture to the but it cannot be halted by a scenic easement.What the scenic PRICE CAN BE REACHED?
<br /> Until 1968, America's policy was to develop all its rivers, L The study and the format for the report are organized, the President. The recommendation also contains management easement can do is prevent changes in land use which harm the
<br /> harness their power and distribute their water. The Wild and study is announced to the public, and your input guidelines. natural qualities of the area.The landowner sells his right,and In condemnation cases, the value of the easement can be
<br /> the right of his successors, to those potential uses of the land established in court. The judge or jury reaches a decision
<br /> ' Scenic Rivers Act changed that. requested. � 1 9 1 Y
<br /> WHAT IS YOUR PART IN THE STUDY? which might degrade the scenic values. which is binding on both parties.
<br /> The Act immediately put parts of eight rivers into the Wild //, Data on the river are gathered. The data are used to
<br /> and Scenic Rivers System, preserved in their present state for determine if the river qualifies for the National System. To Throughout the study you are invited to offer data and Scenic easements have several advantages over fee title WHAT ABOUT DONATING
<br /> the enjoyment of present and future generations, and listed qualify, the river must pass two tests: /t must be free opinions, comment on the draft report and help develop the condemnation. SCENIC EASEMENTS?
<br /> others for study, flowing and it must display "outstandingly remarkable" management plan if the river is included in the system. Your
<br /> values. inputs are extremely important in all parts of the study and Most important, the landowner keeps his land, and he keeps It's possible, and in some cases the donation is tax deductible.
<br /> Qualifying rivers, 'those which are free flowing and possess are worked into the report wherever possible. Such data are using it as he has been. If he gives up a present use,or sells his _
<br /> certain "outstandingly remarkable scenic, recreational, The evaluation of "outstandingly remarkable" values is used to describe the area, to help determine eligibility,and to right to certain future uses, he is paid their fair market value. WHAT IS AN ACCESS EASEMENT?
<br /> geologic, fish and wildlife, historic, cultural, or other values," one of the study team's most difficult tasks. Whenever make economic analyses. Opinions and other comments Also,the county can keep the land on its tax rolls.
<br /> are added to the System as amendments to the Act. Rivers are possible, the team seeks and uses in its decisionmaking, gathered through public involvement are summarized and WHAT IS THE PROCEDURE FOR included in the report. A public access easement is, in essence, selling the public a right to enter a defined area of
<br /> added to the study list—or dropped after consideration—in the information both from other agencies and from the public. MAKING A SCENIC EASEMENT? g privately-owned land.There are
<br /> same manner. two types of public access easements,those leading to the river
<br /> /f the river does have one or more of these values and if it CONDEMNATION AND EASEMENTS and those along its shores.
<br /> If the river goes into the System,during the following year the
<br /> A 1975 amendment placed parts of 12 Colorado rivers on the is free flowing, it is eligible. /f it is not eligible, the report Forest Service will write a detailed management plan which
<br /> study list. One of these was the Elk, from Clark to its source. explains why. (If Congress agrees, the river is dropped Although the Wild and Scenic Rivers Act does permit Access along the river is provided in a corridor as nar�ow as the
<br /> condemnation of land it does so only in limited situations. will describe unacceptable land uses, define the width of the terrain permits. This allows the public to walk along the river.
<br /> Of these 12, the Dolores river study is completed; the others from.consideration; however, Congress may put it in the y p p g
<br /> are in varying stages of study. system regardless of what the report recommends.)
<br /> scenic corridor, and describe the easements needed. You, the Any changes, such as relocating fences, would be at federal
<br /> ed develo i l will be involved as the
<br /> e pan s p . •,
<br /> Condemnation of Land in Fee Title, (the Federal Government p expense and constructed to minimize impacts on existing uses.
<br /> Personnel from the Routt National Forest, U.S. Department of ///. /f the river is eligible, its highest potential classification is condemns land and thereafter owns it). Land can be The Forest Service will use either its own appraisers or hire an The Forest Service's law enforcement authority would deal
<br /> Agriculture, and the Colorado Department of Natural determined, depending on what level of development condemned only if less than 50 percent of the land in the with such problems as littering or wandering out of the
<br /> stud area is in federal ownershi p independent appraiser to evaluate the land identified in the
<br /> Resources form the study team for the Elk River. This exists along its banks. The three possible classifications Y p.Since more than 50 percent corridor. The value of an access easement is determined in the
<br /> ofan mine the land in the company
<br /> raiser will The a examine py plan. pp
<br /> pamphlet explains how the study will be conducted and are of the study segment of the Elk is already in federal p same way as with a scenic easement.
<br /> answers some of the questions you may have about the Wild
<br /> ownership,there cannot be any condemnation in fee title. the owner. The appraisal will reflect local conditions in the
<br /> real estate market. The appraiser will evaluate the property
<br /> and Scenic Rivers Act and the Elk River study. WILD RIVER AREA, accessible mostly by trail and
<br /> Condemnation of Water Rights can only take lace if, once with and once without the development rights in the
<br /> representing"vestiges of primitive America " g p easement. The difference is the value lost, which the
<br /> SETTING UP STUDY necessary to maintain the characteristics which make the river
<br /> government will pay for the easement. This procedure If the Elk is eventual) included in the System:
<br /> ' SCENIC RIVER AREA, which may have some roads and eligible for designation. Y Y
<br /> determines easement values in both regular purchase and
<br /> Congress amends the Wild and Scenic Rivers Act to authorize limited development condemnation.study of a new river. (This was done for the Elk on January 3, The study segment of the Elk is free flowing and flows are con No one can be required to give up his land.
<br /> 1975.) RECREATIONAL RIVER AREA, which may contain adequate to maintain its natural qualities, so there will be no WHAT IF THE LANDOWNER DOES
<br /> small communities and have access b roads,railroads and interference with existing water uses. No one can be required to change his existing
<br /> y NOT THINK THE PRICE IS FAIR? land uses.
<br /> Study team is organized. (The Forest Service and Colorado bridges. _.
<br /> Department of Natural Resources are co-leaders for the Elk.) Scenic Easements and Public Access Easements can be
<br /> /V, The team need not recommend the highest potential condemned when a river becomes part of the system. He can hire his own appraiser and present the estimate to the Fair market value will be'paid for any scenic or
<br /> GOALS OF THE ELK RIVER STUDY classification for the river. The classification it eventually Forest Service, which will review the new information along access rights given up by a landowner.
<br /> recommends, if any, depends on analysis of alternatives. WHAT IS SCENIC EASEMENT? with its own appraisal. Usually this step will entail a thorough
<br /> This stage is a complicated process based on "Principles discussion of all the factors dealing with property values, and The public access easements along the shores of
<br /> To find out if the river qualifies under the Wild and Scenic and Standards," a procedure used in planning water � will result in agreement.p p g Basically, it is the purchase of some of the potential uses of g the river will be written to produce a corridor as
<br /> Rivers Act and,if so,at what level of classification, resource g this i process,/ro'ects. During , the team creates a
<br /> p p the land. The Acts specifically narrow as terrain and convenience permit, and the
<br /> p y provides that present uses of the
<br /> To report to the President, Congress, and to you, the series of alternative plans for the river and considers the land are not affected except by the owner's consent; if a Forest Service will be responsible for maintenance
<br /> conclusions and recommendations of the USDA and the State cost and benefits, to the economy and environment, of and enforcement needs.
<br /> landowner already has a billboard or a sand and gravel
<br /> of Colorado,and the facts on which they are based each alternative.
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