PAGE 8 JANUARY 10, 1978
Part I Of A Two-Part News Analysis
by Cynthia D. Stowell
If Included in Wild & Scenic Rivers System . . .
Who Will Manage The Lower Deschutes River?
Wasco County fears that the
Confederated Tribes will. Jeffer
son County fears that the federal
government will. And the Tribal
Council, along with numerous
state and federal agencies, fears
that if the lower Deschutes
River is not given the protection
of the 1968 National Wild and
Scenic Rivers Act, nobody will.
While the recently drafted
bill providing for inclusion of the
Lower Deschutes in the Wild &
Scenic River System awaits
congressional sponsorship in
D.C., the Tribes, the State of
Oregon and the Bureaus of Land
Management and Outdoor Re
creation are making moves to
cooperate on a management
plan for the river. The proposed
bill, supported in December by
Tribal Council resolution, re
quires federal, state and Tribal
authorities to recommend man
agement and administer the
river according to criteria set
forth in the 1968 act.
Meanwhile, at recent public
hearings local counties were
apprehensive about further fed
eral involvment, Tribal control
of the reservation portion of the
river, and threatened rights of
private landowners. Even some
tribal officials have expressed
concern about the freedom of
the Tribes arid its members to
plan the reservation’s industrial,
domestic and water develop
ment should the bill be passed
by Congress.
Although the terms of the
federal act and the Deschutes
amendment clearly spell out
jurisdiction of the various part
ies, the real impact of the
legislation will lie in the specif
ics of the management plans
drawn up by the state, the
Tribes and the Secretary of
Interior. How much of their plan
will be dictated by federal cri
teria accompanying the act?
And will local control be forfeit
ed once the management plans
are in effect?
These are questions that can
be answered in part by examin
ation of the proposed legislation,
but time will provide more
complete answers.
Evolution of the Deschutes Bill
The current draft of the
Deschutes amendment results
from years of growing pressure
on the lower river and its
environment and the concerns of
the various landowners in the
canyon (the BLM, the Tribes
and private owners) about the
preservation of the resource.
In 1971 the Deschutes be
came part of the Oregon Scenic
Waterways System and immed
iately Governor Tom McCall
suggested inclusion of the lower
river in the national system of
wild and scenic rivers.
This system, established in
1968 by the designation of eight
rivers as “wild”, “scenic” or
“recreational,” has grown to
nineteen rivers by the amend
ment procedure outlined in the
original act.
Wild and Scenic rivers in the
western states include: The
Rogue (Oregon), Middle Fork of
the Clearwater (Idaho), Middle
Fork of the Salmon (Idaho),’
Snake (Idaho and Oregon), Rap
id (Idaho), Feather (California),
Flathead (Montana), Missouri
(Montana) and the Rio Grande
(New Mexico).
Proposed for federal pro
tection are such rivers as the
Skagit in Washington, the Color
ado in Arizona and the Stani
slaus in California, along with
the Oregon’s Deschutes.
Public use of the Deschutes
has grown rapidly. As Scenic
Waterways Administrator Bob
Potter explained at public hear
ings in nearby counties last
month, recreational use espec
ially by drifters has increased 50
percent annually in the last few
years. “As use of the river is
approaching 20,000 people per
year, this is one of the heaviest
used rivers in the U.S.,” Potter
told the Jefferson County Plan
ning'Commission January 26.
free-flowing conditions....for the
benefit and enjoyment of pres
ent and future generations.”
(P.L. 90-542, Sec. 1 (b), October
2, 1968).
The Deschutes amendment
recommends recreational class
ification for the lower river
excluding the city of Maupin.
Classified as recreational and
administered as such would be
the segments of the Deschutes
a) from just below the re-regu-
lating dam to the downriver end
of the Warm Springs Forest
Products Mill, b) the mouth of
the White River, c) around
Sherars Falls and d) the last
mile above the confluence with
the Columbia.
acquired only by donation, or if
purchased by the state after en
actment, by exchange.
Tribal lands may not be
acquired without the consent of
the governing body as long as
the Tribes are managing and
protecting the lands consistent
with the Act. The Deschutes
Amendment further prevents the
“alienation, encumbrance, con
demnation or taxation” of reser
vation properties including water
rights.
Future management not so clear
While jurisdiction and pro
cedures of land acquisition are
clear, the restrictions on use of
the land are less clear.
Within two years of enact
ment the land administrators
must prepare a comprehensive
management plan for the pro
tected lands. As Potter explain
ed, there will actually be two
plans: one for the lands under
the jurisdiction of the Confed
erated Tribes, prepared by the
Tribal Council with active parti
cipation by the Secretary of
Interior and the State; and one
for those lands not within tribal
jurisdiction, prepared by the
Secretary of Interior with active
participation by the Tribes and
the State.
Potter pointed out that coun
ty officials and the general
public would have the opportun
ity to offer their input through
involvement in public hearings
such as those held in the last
week of January in Wasco,
Jefferson and Sherman Counties
and with the Maupin Cattle
men’s Association.
The Wild and Scenic Rivers
Act itself does little to spell out
the restrictions on development
that are implied in the scenic
and recreational classifications.
“The law provides the frame
work for the planning that fol
lows,” said Potter. “Planning
might be more restrictive,” he
added.
natural character of the are!
and a “wide range of agricultj
and other resource uses may I
permitted.”
In a recreational river arl
restrictions would be less sevei
“Optimum accessibility I
motorized vehicle”, is assurt
and dense settlements, pub!
use areas close to the river, nt
structures (for habitation, j]
tensive recreation use, and ma
agement practice) and a wil
range of agricultural, and J
source uses, would be allowed
Potter noted that whereas
the past the BLM has had insl
ficient funds and staff to ii
prove recreational faciliM
funds would be available und
the act for the BLM to devel:
primitive boater campsites, p|
vide portable toilets, and ma
tain the sites. Restricting can
ing to these improved arl
would lift some of the envirt
mental pressure caused by J
ters and other recreatiol
users, said Potter.
Karnopp spoke to the fel
on the part of tribal plann I
and officials that water devel I
ment on the reservation may I
restricted, by saying “the int I
of the act is not to prev I
diversion as long as it does I
impact the flow of the rive
Karnopp also commented
future industrial developm
noting that expansion oil
existing mill would be poss
under the act.
Tribal zoning along the D
chutes corresponds closely
the proposed federal classify
tions. Much of it is agricultil
with the exception of an ini
trial and commercial zl
around the mill and bridge. ■
Tribes have also provided cal
ing areas for recreational usl
While federal protect!
may aid in the control of i|
reation by discouraging ilia
camping, fires and trespass,!
the Tribes be giving up sol
control in its future devel!
ment?
All other segments would be
As the bill for inclusion in
the national system was drafted classified as recreational but
and redrafted, the Confederated administered as a scenic river.
Tribes became involved as a
In order to qualify as scenic,
vested interest. The Tribal a river must be “free of im
Council has long maintained poundments, with shorelines or
that the valuable fish and water watersheds still largely primi
resources of the lower Des tive and shoreline largely undev
chutes canyon must be preserv eloped, but accessible in places
ed as well as the scenic and by roads.” A recreational river
aesthetic values. Recognizing is one that is “readily accessible
the right of non-Indians and by road or railroad, that may
Indians alike to enjoy the river’s hav e some development along
non-motorized boating and trout
(its) shorelines, and that may
fishing opportunities, the Tribal have undergone some impound
Council has sought to provide ment or diversion in the past.”
access to the river while attem
Generally, according to the
Will The Tribes Be Giving Up Some
pting to preserve the river in its act,, an included river “shall be
Control In Its Future Development?
natural state.
adminstered in such a manner
The Tribal Council has also as to protect and enhance the
General Manager Ken Sir.
The only specific prohibition
been careful to preserve the values which caused it to be
is looking “twenty years d( .
in
the
act
is
the
Federal
Power
Tribes’ treaty rights to the
included.. .without.. .limiting oth Commission licensing of con the road.” What if a futaI
water and land forming the
er uses that do not substantially struction of any dam, water Council decides to develop a fl
reservation’s eastern boundary
interfere with public use and conduit, reservoir, powerhouse industry or a private landovfl
and to fish therein.
enjoyment of these values.”
or transmission line unless it is chooses to build a new str •
Given these interests, the
above or below the designated ture? It would be easier, Sr
Tribal Council embraced the
area and would not affect the suggested, to change a tri
final draft of the bill which
Jurisdiction and ownership clear flow, the scenic value or the zoning ordinance than to rev^
classifies portions of the lower
Tribal attorney Dennis Kar- resources of the river.
or amend a federal act.
river as scenic and recreational
“I would rather see a 1c
nopp
noted that there would not
(Both Karnopp and Potter
leaving the Tribes in control of
be “any great change” in juris firmly stated that the Tribes’ governing body like the Trfl
their section of the river and
diction should the proposed bill tentative plans to install gener Council or a county commis
including them in managment
pass. The amendment states ators in the Pelton Re-regulating be given a try in control be
planning for the whole one
that existing or acquired federal Dam would not be affected by the state or federal govfl
hundred-mile stretch.
lands
would be administered by passage of the wild and scenic ment,” said Smith. “They’re
Under the proposed amend
the Secretary of Interior. Reser amendment.)
people that live here.”
ment, the river from Vi mile
vation
lands
would
be
admini
Existing
uses
of
the
land
below the Pelton Re-regulating
But Smith sees many bfl
stered by the Tribal Council. All along the river may continue
Dam to its mouth at the Colum
fits
in the proposed legisla^
other
lands
would
be
under
the
even if they do not conform to
bia River (excluding the city of
“I think the bill is good in nfl
jurisdiction
of
the
State.
the
federal
criteria.
Maupin) would be included in
“Very little if any land
Regulations accompanying respects. I agree with Cou:
the National Wild and Scenic
would
be
purchased,
”
comment
the
act are a bit more specific that the Deschutes River shd■
Rivers System.
ed Potter, and it would be a regarding future development. be kept scenic and not o'
negotiated contract between the “Management objectives” are developed.
“But management fl
government and the owner. listed for both scenic and rec
have
some specific questions
.
However
scenic
easements
(de
reational river areas. To sum
Scenic and Recreational Defined
velopment or access rights) marize, in a scenic river area this point and will makeH
The language of the original
may be acquired by condem motorized vehicles would be al effort to find the answers.” I
1968 act allows for inclusion of
nation, or the government’s lowed on land, some new habita
rivers with “outstandingly re-
right to eminent domain, with tions and public’use facilities
markable scenic, recreational,
compensation by the govern would be allowed as long as they
NEXT EDITION: "fl
geologic, fish and wildlife, his
WILL BENEFIT FROM fl
ment at fair market price.
are
screened
from
view
and
toric, cultural or other similar
State-owned lands may be have no adverse effect on the DESCHUTES RIVER BILL!
values,” to be “preserved in