Laserfiche WebLink
A determination of suitability is based upon existing conditions in the stream corridor, <br /> including current ditches and diversions. Those facilities would continue to operate <br /> under the authorities and permits that allowed those structures to be constructed and <br /> operated. Many facilities were constructed prior to the passage of the Federal Land <br /> Policy and Management Act of 1976. These facilities would continue to operate under <br /> "grandfathered"rights-of-way. For these rights-of-way,historic operation and <br /> maintenance practices would be allowed to continue,because they are valid, existing <br /> rights. <br /> • Does a determination of suitability create permanent protection for the stream <br /> segment, analogous to a wilderness study area? <br /> No. A suitability determination remains in effect only as long as the land use plan that <br /> made that determination is in effect. BLM.has the authority to change the determination <br /> via a land use plan amendment or during its next revision of the plan. In contrast, <br /> Wilderness Study Areas can be removed only with Congressional authorization. <br /> • Isn't BLM required to make its wild & scenic river plans consistent with state and <br /> local land use plans that have identified these segments for future water supply <br /> projects? <br /> BLM is required to make its land use plans as consistent as possible with local and state <br /> • planning documents. However, any land use planning decisions must be also be <br /> consistent with federal laws,regulations, policies, and objectives. In the absence of <br /> specific land use proposals for water projects that are backed up by funding and <br /> feasibility studies, BLM is required to maintain and enhance water-related and multiple <br /> use values, including wildlife,recreation, and scenery. <br /> • Why can't BLM protect water-related values using its other authorities, rather <br /> than relying upon the Wild & Scenic Rivers Act? <br /> BLM is required by law to consider protection under the Wild& Scenic Rivers Act as <br /> part of its land use planning process. Determination of a river segment as suitable simply <br /> means that BLM will continue to use its administrative authorities to protect those values. <br /> So yes, BLM can protect water related values on an interim basis using existing <br /> authorities. The decision as to whether or not those values are worthy of permanent and <br /> enduring protection is left to the U.S. Congress. Congress can also consider other <br /> means of protection, including designation of national recreation areas,national <br /> conservation areas, or tailored legislation designed specifically for the stream in question. <br /> • <br /> AMMINE <br />