Existing law requires the Secretary of the Natural Resources Agency to take specified actions relating to the addition of rivers or segments of rivers to the states wild and scenic rivers system if, among other things, the federal government enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in the state that was included in the national wild and scenic rivers system and not in the state wild and scenic rivers system. Existing law authorizes, only until December 31, 2025, the secretary to take action under these provisions to add a river or segment of a river to the state wild and scenic rivers system. Existing law requires those actions to remain in effect until December 31, 2025, except as otherwise provided.

This bill would indefinitely extend the date by which the secretary is authorized to take the specified actions relating to the addition of rivers or segments of rivers to the states wild and scenic rivers system, as described above. The bill would also indefinitely extend the date that these actions remain in effect, except as otherwise provided.

Existing law requires the Secretary of the Natural Resources Agency to take specified actions relating to the addition of rivers or segments of rivers to the states wild and scenic rivers system if, among other things, the federal government enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in the state that was included in the national wild and scenic rivers system and not in the state wild and scenic rivers system. Existing law authorizes, only until December 31, 2025, the secretary to take action under these provisions to add a river or segment of a river to the state wild and scenic rivers system. Existing law requires those actions to remain in effect until December 31, 2025, except as otherwise provided.

This bill would indefinitely extend the date by which the secretary is authorized to take the specified actions relating to the addition of rivers or segments of rivers to the states wild and scenic rivers system, as described above. The bill would also indefinitely extend the date that these actions remain in effect, except as otherwise provided.

Existing law requires the Secretary of the Natural Resources Agency to take specified actions relating to the addition of rivers or segments of rivers to the states wild and scenic rivers system if, among other things, the federal government enacts a statute that, upon enactment, would require the removal or delisting of any river or segment of a river in the state that was included in the national wild and scenic rivers system and not in the state wild and scenic rivers system. Existing law authorizes, only until December 31, 2025, the secretary to take action under these provisions to add a river or segment of a river to the state wild and scenic rivers system. Existing law requires those actions to remain in effect until December 31, 2025, except as otherwise provided.

This bill would indefinitely extend the date by which the secretary is authorized to take the specified actions relating to the addition of rivers or segments of rivers to the states wild and scenic rivers system, as described above. The bill would also indefinitely extend the date that these actions remain in effect, except as otherwise provided.

 THIRD READING  

Bill No: AB 43

Author: Schultz (D)

Introduced: 12/2/24

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 5-2, 6/24/25

AYES: Limón, Allen, Hurtado, Laird, Stern

NOES: Seyarto, Grove

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 57-3, 5/29/25 - See last page for vote

SUBJECT: Wild and scenic rivers

SOURCE: Author

DIGEST:

This bill indefinitely extends the date by which the secretary of the Natural Resources Agency (secretary) is authorized to add rivers or segments of rivers to the state’s wild and scenic rivers system.

ANALYSIS:

Existing federal law creates the national wild and scenic river system to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.

Existing state law, pursuant to the California Wild and Scenic Rivers Act (Public Resources Code (PRC) § 5093.50 et seq.):

1. Establishes that it is the policy of the state that certain rivers that possess extraordinary scenery, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state, as specified.

1. Provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state’s wild and scenic rivers systems shall be by statute, but authorizes the secretary to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations.
2. Requires the secretary:
   1. If the federal government enacts a statute that would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or
   2. If the secretary determines that the federal government has exempted a river or segment of a river in California that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system,
      1. To take both of the following actions:
         1. Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
         2. Determine whether the provision of state protection for the river or segments of the river removed, delisted, or exempted from the national wild and scenic rivers system is in the best interest of the state and, if so, add the river or segment of the river that is removed, delisted, or exempted from those federal protective provisions to the state wild and scenic rivers system, and classify the river or segment of the river as wild, scenic, or recreational. (PRC § 5093.71)
3. Sunsets any designation made pursuant to PRC § 5093.71, and the secretary’s authorities thereunder, on December 31, 2025.

This bill:

1. Repeals a provision in state law that sunset the effectiveness of any wild, scenic, or recreational designation by the secretary pursuant to PRC § 5093.71 on December 31, 2025.
2. Repeals the sunset date regarding the secretary’s authorities under PRC § 5093.71.

Comments

Unconventional split Presidential terms. The authorities of the secretary of the Natural Resources Agency related to wild, scenic, and recreational rivers pursuant to PRC § 5093.71 were added to statute as the first Trump Administration and Congress at the time continually took steps to weaken environmental protections AB 2975 (Friedman Chapter 221, Statutes of 2018). In the language from AB 2975, a sunset date of December 31, 2025, was placed on those authorities in expectation of two consecutive Trump terms. As fate would have it, Mr. Trump lost his re-election bid in 2020, but won the presidential election in 2024. Expecting this second Trump Administration to continue their policy of weakening environmental protections for the country’s natural resources, this bill repeals the sunset provisions in PRC § 5093.71 to continue protecting California’s wild, scenic, and recreational rivers in perpetuity.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 7/7/25)

All Outdoors
American River Conservancy
American Rivers
American Whitewater
Armargosa Conservancy
California Native Plant Society, Alta Peak Chapter
California Sportfishing Protection Alliance
California Trout
Californians for Western Wilderness
Calwild
Center for Biological Diversity
Central Valley Partnership
Clean Earth 4 Kids
Clean Water Action
Coast Action Group
Defenders of Wildlife
Earthjustice
Endangered Habitats League
Environmental Defense Fund
Epic (Environmental Protection Information Center)
Foothill Conservancy
Friends of the Eel River
Friends of the Inyo
Friends of the Lost Coast
Friends of the River
Keep It Wild Merced River
Klamath Forest Alliance
LA Waterkeeper
Latino Outdoors
Los Padres Forestwatch
Mother Lode River Center
Nature for All
Northcoast Environmental Center
Northern California Council, Fly Fishers International
O.a.r.s.
Planning and Conservation League
Protect American River Canyons
Restore Hetch Hetchy
Restore the Delta
Restoring the Stanislaus River
Safe Alternatives for Our Forest Environment
San Francisco Baykeeper
Save California Salmon
Save the American River Association
Sequoia Riverlands Trust
Sierra Club of California
Sierra Consortium
Sierra Nevada Alliance
Sierra State Parks Foundation
Smith River Alliance
The Climate Center
Trust for Public Land
Tuleyome
Tuolumne River Trust
Union of Concerned Scientists
Water Climate Trust

OPPOSITION: (Verified 7/7/25)

None received

ARGUMENTS IN SUPPORT:

According to the author:

“Since 2011, the House of Representatives has considered at least four bills to remove federal protection for part of the Merced Wild River to allow for expansion of McClure Reservoir. The proposed expansion would drown a portion of this wild river and wipe out most of the known population of the state-protected Merced Canyon limestone salamander. Reservoir expansion also raises serious dam safety concerns. In addition, the Trump Administration has demonstrated a willingness to ignore or weaken environmental laws and regulations pertaining to federal public lands.

[…]

Current law directs the California Natural Resources Agency Secretary to hold a public hearing on the federal action, determine whether to add the river or river segment threatened by the federal action to the state wild and scenic rivers system, and if the river is added to the state system, classify as wild, scenic, and recreational the appropriate river segments. However, this public process that allows the state to protect wild and scenic rivers sunsets at the end of the year. It is important for California to allow this process to be in place given threats to our natural resources from the federal government.”

ASSEMBLY FLOOR: 57-3, 5/29/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Caloza, Carrillo, Connolly, Davies, Elhawary, Ellis, Fong, Gabriel, Garcia, Gipson, Mark González, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Stefani, Valencia, Wallis, Wicks, Wilson, Zbur, Rivas

NOES: DeMaio, Gallagher, Patterson

NO VOTE RECORDED: Alvarez, Bryan, Castillo, Chen, Dixon, Flora, Jeff Gonzalez, Hadwick, Hoover, Lackey, Macedo, Nguyen, Sanchez, Sharp-Collins, Solache, Soria, Ta, Tangipa, Ward

Prepared by: Edith Hannigan / N.R. & W. / (916) 651-4116

7/8/25 16:38:45

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Monique Limón, Chair

2025 - 2026 Regular

Bill No: AB Hearing Date: June 24, 2025

Subject: Wild and scenic rivers

SUMMARY

This bill would indefinitely extend the date by which the secretary of the Natural Resources Agency (secretary) is authorized to add rivers or segments of rivers to the state’s wild and scenic rivers system.

BACKGROUND AND EXISTING LAW

Existing federal law:

1. Creates the national wild and scenic river system to preserve designated rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.
2. Prohibits The Federal Energy Regulatory Commission from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project on or directly affecting any river which is designated as a component of the national system or which is hereafter designated for inclusion in the national system.
3. Prohibits a federal department or agency from assisting by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as specified.
4. Allows the licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary that does not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the component of the national system.

Existing state law, pursuant to the California Wild and Scenic Rivers Act (Public Resources Code (PRC) § 5093.50 et seq.):

1. Establishes that it is the policy of the state that certain rivers that possess extraordinary scenery, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state, as specified.
   1. The non-degradation clause prohibits new projects and activities from adversely affecting the free-flowing condition and natural character of river segments in the state system.
2. Provides that the classification or reclassification of rivers or segments of rivers within the state as wild, scenic, or recreational within the state’s wild and scenic rivers systems shall be by statute, but authorizes the secretary to recommend legislation to classify or reclassify rivers or segments of rivers within the system, and include specific land use restrictions relative to each particular classification in those recommendations.
3. Requires the Natural Resources Agency to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the state system with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.
4. Requires, with respect to potential additions to the state wild and scenic rivers system, the secretary to study and submit to the Governor and the Legislature specified reports on the suitability or nonsuitability for addition to the system of rivers or segments thereof that are designated by the Legislature as potential additions, and to report his or her recommendations in that regard.
5. Requires the secretary:
   1. If the federal government enacts a statute that would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or
   2. If the secretary determines that the federal government has exempted a river or segment of a river in California that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system,
      1. To take both of the following actions:
         1. Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
         2. Determine whether the provision of state protection for the river or segments of the river removed, delisted, or exempted from the national wild and scenic rivers system is in the best interest of the state and, if so, add the river or segment of the river that is removed, delisted, or exempted from those federal protective provisions to the state wild and scenic rivers system, and classify the river or segment of the river as wild, scenic, or recreational. (PRC § 5093.71)
6. Sunsets any designation made pursuant to PRC § 5093.71, and the secretary’s authorities thereunder, on December 31, 2025.
7. Requires the secretary, if the secretary makes a determination to add a river or segment of a river to the state wild and scenic rivers system, to take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system, and to classify the river or segment of the river to be added as wild, scenic, or recreational.
8. Provides that wild and scenic river designation by the secretary does not do any of the following:
   1. Provide protective provisions that exceed the scope of the prior federal designation as wild, scenic, or recreational of that river or segment of the river.
   2. Conflict with any provisions of the prior federal designation of that river or segment of the river as wild, scenic, or recreational.
   3. Conflict with a Comprehensive River Management Plan prepared for that river or segment of the river.

Federal Wild and Scenic Rivers Act. The Wild and Scenic Rivers Act of 1968 (federal Act) established the National Wild and Scenic Rivers System, which protects free-flowing waterways with extraordinary natural, cultural, and recreational qualities for future generations. Rivers and their tributaries may be designated by Congress or the Secretary of the Interior and are administered by either a federal or state agency. For federally administered rivers, the designated corridor includes approximately one quarter mile on either bank, and one half mile on rivers outsides National Parks in Alaska. The federal Act balances dam and other construction at appropriate sections of rivers with permanent protection for some of the country's most outstanding free-flowing rivers.

Different designations for different rivers. Rivers added to the federal National Wild and Scenic Rivers System are given a designation based on the level of development along the river at the time of designation:

• Wild River Areas – Those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America.
• Scenic River Areas – Those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads.
• Recreational River Areas – Those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past.

California Wild and Scenic Rivers Act. Added to Public Resources Code in 1972, the California Wild and Scenic Rivers Act (state Act) establishes:

It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution. (PRC § 5093.50)

The state Act establishes the same three wild, scenic, and recreational designations for rivers or segments of rivers in the state as the federal Act. The classification or reclassification of rivers under the state Act are permissible only by statute, but the secretary may recommend legislation to classify or reclassify rivers or river segments.

The secretary was provided the authority, under AB 2975 ((Friedman, Chapter 221, Statutes of 2018); PRC § 5093.71), to, if the federal government enacted a statute that removed, delisted, or exempted a river or river segment from the federal Act that was not protected under the state Act, to:

• Hold a public hearing discussing any proposal to add a federally delisted river or river segment to the state wild and scenic rivers system; and
• Determine whether providing state protection to a federally delisted river or river segment would be in the best interest of the state, and if so, add the river or river segment to the state system and classify the river or river segment as wild, scenic, or recreational, as appropriate.

The authorities granted in PRC § 5093.71, and any designations of rivers or river segments under those authorities, sunset on December 31, 2025.

Rivers by the numbers. California has 2,072 miles of federally- and state-designated wild and scenic rivers – only 1.1% of the state’s approximate 189,454 miles of river. Those rivers include:

National Designated Rivers in California

• American River (Lower)
• American River, North Fork
• Big Sur River
• Black Butte River
• Eel River System
• Feather River, Middle Fork and Kern River
• Kings River
• Klamath River System
• Merced River
• Sespe Creek
• Sisquoc River
• Smith River System
• Trinity River System
• Tuolumne River

California Wild and Scenic Rivers System

• Albion River
• American River
• Cache Creek
• Carson River
• Eel River
• Gualala River
• Klamath River
• McCloud River
• Salmon River
• Scott River
• Smith River
• South Yuba River
• Trinity River
• Van Duzen River
• West Walker River

PROPOSED LAW

This bill would:

1. Repeal a provision in state law that sunset the effectiveness of any wild, scenic, or recreational designation by the secretary pursuant to PRC § 5093.71 on December 31, 2025.
2. Repeal the sunset date regarding the secretary’s authorities under PRC § 5093.71.

ARGUMENTS IN SUPPORT

According to the author:

Since 2011, the House of Representatives has considered at least four bills to remove federal protection for part of the Merced Wild River to allow for expansion of McClure Reservoir. The proposed expansion would drown a portion of this wild river and wipe out most of the known population of the state-protected Merced Canyon limestone salamander. Reservoir expansion also raises serious dam safety concerns. In addition, the Trump Administration has demonstrated a willingness to ignore or weaken environmental laws and regulations pertaining to federal public lands.

There are about 819 miles of federally protected wild and scenic rivers in California that are preserved in their free-flowing condition for the benefit and enjoyment of present and future generations. Current law applies to federally protected rivers (as of January 1, 2018) if Congress or the federal Administration were to pass legislation or enact an Executive Order to degrade or eliminate federal protection from all or a portion of a federal river, or take actions that negatively affect provisions in the federal act that prohibits new dams and major diversions from designated river segments.

Current law directs the California Natural Resources Agency Secretary to hold a public hearing on the federal action, determine whether to add the river or river segment threatened by the federal action to the state wild and scenic rivers system, and if the river is added to the state system, classify as wild, scenic, and recreational the appropriate river segments. However, this public process that allows the state to protect wild and scenic rivers sunsets at the end of the year. It is important for California to allow this process to be in place given threats to our natural resources from the federal government.

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Unconventional split Presidential terms. The authorities of the secretary of the Natural Resources Agency related to wild, scenic, and recreational rivers pursuant to PRC § 5093.71 were added to statute as the first Trump Administration and Congress at the time continually took steps to weaken environmental protections (AB 2975 (Friedman Chapter 221, Statutes of 2018)). In the language from AB 2975, a sunset date of December 31, 2025, was placed on those authorities in expectation of two consecutive Trump terms. As fate would have it, Mr. Trump lost his re-election bid in 2020, but won the presidential election in 2024. Expecting this second Trump Administration to continue their policy of weakening environmental protections for the country’s natural resources, this bill repeals the sunset provisions in PRC § 5093.71 to continue protecting California’s wild, scenic, and recreational rivers in perpetuity.

SUPPORT

Friends of the River (sponsor)

All Outdoors

American River Conservancy

American Rivers

American Whitewater

Armargosa Conservancy

California Native Plant Society, Alta Peak Chapter

California Sportfishing Protection Alliance

California Trout

Californians for Western Wilderness

CalWild

Center for Biological Diversity

Central Valley Partnership

Clean Earth 4 Kids

Clean Water Action

Coast Action Group

Defenders of Wildlife

Earth Justice

Endangered Habitats League

Environmental Defense Fund

Epic (Environmental Protection Information Center)

Foothill Conservancy

Friends of the Eel River

Friends of the Inyo

Friends of the Lost Coast

Keep It Wild Merced River

Klamath Forest Alliance

LA Waterkeeper

Latino Outdoors

Los Padres ForestWatch

Mother Lode River Center

Nature for All

Northcoast Environmental Center

Northern California Council, Fly Fishers International

O.A.R.S.

Planning and Conservation League

Protect American River Canyons (PARC)

Restore Hetch Hetchy

Restore the Delta

Restoring the Stanislaus River

Safe Alternatives for Our Forest Environment

San Francisco Baykeeper

Save California Salmon

Save the American River Association

Sequoia Riverlands Trust

Sierra Club of California

Sierra Consortium

Sierra Nevada Alliance

Sierra State Parks Foundation

Smith River Alliance

The Climate Center

Trust for Public Land

Tuleyome

Tuolumne River Trust

Union of Concerned Scientists

Water Climate Trust

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 43

Author:(Schultz)

As Introduced Ver:December 2, 2024

Majority vote

SUMMARY

Permanently extends the authority of the secretary of the Natural Resources Agency (NRA) to take the specified actions relating to the addition of rivers or segments of rivers to the state's wild and scenic rivers system by eliminating a sunset date.

Major Provisions

COMMENTS

The National Wild and Scenic Rivers System was created by Congress in 1968 to preserve certain rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations. Rivers may be designated by Congress or, if certain requirements are met, the Secretary of the Interior. Each river is administered by either a federal or state agency. 

In 1972, California enacted its own Wild and Scenic Rivers Act to establish the policy of the state that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declared that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water. Legislative actions since have expanded the bodies of water designated in the system. California has 2,072 miles of federally- and state-designated wild and scenic rivers – only 1.1% of the state's approximate 189,454 miles of river.

Since taking office, President Trump has downsized the federal workforce by more than two million employees, including more than 7,000 employees at the U.S. Forest Service USFS, and hundreds of positions at the National Park Service, the Environmental Protection Agency, and the Bureau of Land Management. Further, the Trump Administration has boasted about rollbacks to federal environmental protections, which could easily include wild and scenic river designations.

According to the Author

There are about 819 miles of federally protected wild and scenic rivers in California that are preserved in their free-flowing condition for the benefit and enjoyment of present and future generations. Current law applies to federally protected rivers (as of January 1, 2018) if Congress or the federal Administration were to pass legislation or enact an Executive Order to degrade or eliminate federal protection from all or a portion of a federal river, or take actions that negatively affect provisions in the federal act that prohibits new dams and major diversions from designated river segments.

Current law directs the California Natural Resources Agency Secretary to hold a public hearing on the federal action, determine whether to add the river or river segment threatened by the federal action to the state wild and scenic rivers system, and if the river is added to the state system, classify as wild, scenic, and recreational the appropriate river segments. However, this public process that allows the state to protect wild and scenic rivers sunsets at the end of the year. It is important for California to allow this process to be in place given threats to our natural resources from the federal government.

Arguments in Support

A coalition of environmental groups writes in support that "Without this legislation, California will lose its ability to safeguard its most cherished free-flowing rivers from federal actions that would allow dams, diversions, and other harmful water projects."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill would result in potential costs in excess of $150,000 to NRA and other state agencies. If the federal government does not weaken or remove protections for any of the 747 miles of wild and scenic rivers in the state that have only federal – and not state – protection, NRA would incur no costs. Should the federal government remove protections for some or all of these rivers or segments of rivers, NRA would incur costs to hold the required public hearing to provide information and an opportunity for public comment; make a formal determination about whether to add the river or segment of the river that is removed, delisted, or exempted from federal protective provisions to the state wild and scenic rivers system and classify the river or segment of the river as wild, scenic, or recreational; and "take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system."

VOTES

ASM NATURAL RESOURCES: 11-0-3

YES: Bryan, Alanis, Connolly, Davies, Garcia, Haney, Kalra, Muratsuchi, Pellerin, Schultz, Zbur

ABS, ABST OR NV: Flora, Sanchez, Wicks

ASM APPROPRIATIONS: 11-1-3

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

NO: Tangipa

ABS, ABST OR NV: Sanchez, Dixon, Ta

UPDATED

VERSION: December 2, 2024

CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0000516

Date of Hearing: April 9, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 43

Author:(Schultz) – As Introduced Ver:December 2, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill eliminates the December 31, 2025, sunset date on the California Natural Resources Agency’s (CNRA) authority to take specified actions related to the addition of federally designated wild and scenic rivers to the state’s wild and scenic rivers system if the federal government weakens or removes protections.

FISCAL EFFECT:

Potential costs in excess of $150,000 to CNRA and other state agencies. If the federal government does not weaken or remove protections for any of the 747 miles of wild and scenic rivers in the state that have only federal – and not state – protection, CNRA would incur no costs. Should the federal government remove protections for some or all of these rivers or segments of rivers, CNRA would incur costs to hold the required public hearing to provide information and an opportunity for public comment; make a formal determination about whether to add the river or segment of the river that is removed, delisted, or exempted from federal protective provisions to the state wild and scenic rivers system and classify the river or segment of the river as wild, scenic, or recreational; and “take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system.”

Each state or federally designated wild and scenic river is managed by one or more agency or, in some cases, a tribal government. If a project is proposed that may have an adverse effect on the free-flowing characteristics of a newly added river or segment of a river or may have the potential to alter the river segment's ability to meet the criteria that classify it as wild, scenic, or recreational, it is conceivable that the relevant management agency would need to be consulted or take specified actions to provide the necessary state protections. It is not clear if the state would incur additional costs for this work.

COMMENTS:

1) Purpose. According to the author:

Current law directs the California Natural Resources Agency Secretary to hold a public hearing on the federal action, determine whether to add the river or river segment threatened by the federal action to the state wild and scenic rivers system, and if the river is added to the state system, classify as wild, scenic, and recreational the appropriate river segments. However, this public process that allows the state to protect wild and scenic rivers sunsets at the end of the year. It is important for California to allow this process to be in place given threats to our natural resources from the federal government.

2) Background. Congress created the national wild and scenic rivers system in 1968 with the passage of the Wild and Scenic Rivers Act to preserve certain rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations. In 1972, California enacted its own Wild and Scenic Rivers Act. More than 2,100 miles of rivers and streams in California are protected in the federal and state wild and scenic rivers systems. Some rivers or segments of rivers enjoy federal protection, some have state protection, and others have both state and federal protection. The two systems provide similar protections for protected river segments – generally, new dams, major diversions, and other specified projects and activities, among other things, are prohibited. In California, there are approximately 747 miles of wild and scenic rivers that have only federal protections.

Recently, certain segments of federally protected wild and scenic rivers have been under threat. According to the author, since 2011, the House of Representatives has considered at least four bills to remove federal protection for part of the Merced Wild River to allow for expansion of the McClure Reservoir. These bills would not only allow for unprecedented reservoir expansion to inundate a segment of the river, they would permit flooding of a river segment that provides whitewater boating, hiking, fishing, and other popular outdoor activities; drown most of the known population of the state-protected Merced limestone salamander; and raise serious dam safety concerns.

AB 2975 (Friedman), Chapter 221, Statutes of 2018, requires the secretary of CNRA to hold a public hearing if congress or the president eliminates or weakens protections for all or part of a federal wild and scenic river in the state in existence as of January 1, 2018. The secretary may choose to administratively add the federal river to the state system. The Legislature may then consider permanently adding the river to the state system through legislation. This bill eliminates the December 31, 2025, sunset date on the authority provided to the secretary of CNRA to determine whether the state should protect a river or segment of a river that has lost or will lose protection under the federal wild and scenic rivers system.

This bill is supported by a large coalition of environmental organizations, which write:

The urgency of AB 43 is heightened by the fact that the federal administration has already signaled its intent to remove environmental safeguards to fast-track marginally effective water storage and infrastructure projects, including those threatening California’s rivers. A January 24, 2025, executive order directed federal agencies to identify regulatory barriers that prevent water development, putting wild and scenic river protections at direct risk…Without AB 43, California will lose its mechanism to quickly respond if fast-moving federal efforts succeed.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: March 24, 2025

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Isaac G. Bryan, Chair

ABPCA Bill Id:AB 43 (

Author:Schultz) – As Introduced Ver:December 2, 2024

SUBJECT: Wild and scenic rivers

SUMMARY: Permanently extends the authority of the secretary of the Natural Resources Agency (NRA) to take the specified actions relating to the addition of rivers or segments of rivers to the state’s wild and scenic rivers system by eliminating a sunset date.

EXISTING LAW:

1. Prohibits water resources projects from having a negative impact on the values of designated rivers. This includes the river's water quality, free-flow, and other notable values. (Title 16 United States Code 1278)
2. Pursuant to the California Wild and Scenic Rivers Act (Public Resources Code 5093.50 et seq.)
   1. Defines "wild rivers" as those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted.
   2. Defines "scenic rivers" as those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads."
   3. Requires the secretary, if the federal government enacts a statute that would require the removal or delisting of any river or segment of a river in California that is included in the national wild and scenic rivers system and not in the state wild and scenic rivers system, or the secretary determines that the federal government has exempted a river or segment of a river in California that protect rivers, segments of rivers, or values for which those rivers were established as part of the national system, to take both of the following actions:
      1. Hold a public hearing to provide information and an opportunity for public comment on any proposed addition to the state wild and scenic rivers system resulting from federal action to remove, delist, or exempt that river or segment of a river from those protective provisions of the national wild and scenic rivers system.
      2. Determine whether the provision of state protection for the river or segments of the river removed, delisted, or exempted from the national wild and scenic rivers system is in the best interest of the state and, if so, add the river or segment of the river that is removed, delisted, or exempted from those federal protective provisions to the state wild and scenic rivers system, and classify the river or segment of the river as wild, scenic, or recreational.
   4. Requires the secretary, if the secretary makes a determination to add a river or segment of a river to the state wild and scenic rivers system, to take all actions necessary to ensure the addition of the river or segment of the river to the state wild and scenic rivers system, and to classify the river or segment of the river to be added as wild, scenic, or recreational.
   5. Provides that wild and scenic river designation by the secretary does not do any of the following:
      1. Provide protective provisions that exceed the scope of the prior federal designation as wild, scenic, or recreational of that river or segment of the river.
      2. Conflict with any provisions of the prior federal designation of that river or segment of the river as wild, scenic, or recreational.
      3. Conflict with a Comprehensive River Management Plan prepared for that river or segment of the river.
   6. Sunsets the secretary’s authority on December 31, 2025.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement:

There are about 819 miles of federally protected wild and scenic rivers in California that are preserved in their free-flowing condition for the benefit and enjoyment of present and future generations. Current law applies to federally protected rivers (as of January 1, 2018) if Congress or the federal Administration were to pass legislation or enact an Executive Order to degrade or eliminate federal protection from all or a portion of a federal river, or take actions that negatively affect provisions in the federal act that prohibits new dams and major diversions from designated river segments.

Current law directs the California Natural Resources Agency Secretary to hold a public hearing on the federal action, determine whether to add the river or river segment threatened by the federal action to the state wild and scenic rivers system, and if the river is added to the state system, classify as wild, scenic, and recreational the appropriate river segments. However, this public process that allows the state to protect wild and scenic rivers sunsets at the end of the year. It is important for California to allow this process to be in place given threats to our natural resources from the federal government.

1. Wild and Scenic River System. The National Wild and Scenic Rivers System was created by Congress in 1968 to preserve certain rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations. Rivers may be designated by Congress or, if certain requirements are met, the Secretary of the Interior. Each river is administered by either a federal or state agency. 

Under federal law, the Federal Energy Regulatory Commission is prohibited from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act on or directly affecting any river which is designated as a component of the national wild and scenic rivers system, and prohibits all federal departments and agencies from financially supporting construction of any water resources project that would have a direct and adverse effect on the values for such river.

In 1972, California enacted its own Wild and Scenic Rivers Act to establish the policy of the state that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. With its initial passage, the California system protected the Smith River and all of its tributaries; the Klamath River and its major tributaries, including the Scott, Salmon, and Trinity Rivers; the Eel River and its major tributaries, including its tributary the Van Duzen River; and, segments of the American River. The Legislature declared that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water. Legislative actions since have expanded the bodies of water designated in the system.

California has 2,072 miles of federally- and state-designated wild and scenic rivers – only 1.1% of the state’s approximate 189,454 miles of river. Those river include:

National Designated Rivers in California

• American River (Lower)
• American River, North Fork
• Big Sur River
• Black Butte River
• Eel River System
• Feather River, Middle Fork and Kern River
• Kings River
• Klamath River System
• Merced River
• Sespe Creek
• Sisquoc River
• Smith River System
• Trinity River System
• Tuolumne River

California Wild and Scenic Rivers System

• Albion River
• American River
• Cache Creek
• Carson River
• Eel River
• Gualala River
• Klamath River
• McCloud River
• Salmon River
• Scott River
• Smith River
• South Yuba River
• Trinity River
• Van Duzen River
• West Walker Rive

The state statute prohibits activities that could damage soil, water, timber, and habitat close to the river. It also bars the State Water Resources Board and other state agencies from assisting or licensing facilities that could harm the wild and scenic values of a protected river. In general, no dam, reservoir, diversion, or other water impoundment facility may be constructed on any river segment included in the system. No water diversion facility may be constructed on any river segment included in the system unless the secretary of NRA determines that the facility is needed to supply domestic water to local residents of the county or counties in which the river flows and that the facility will not adversely affect the river’s free-flowing condition and natural character.

The secretary can recommend classifications to the Legislature. “Wild” river segments are free of impoundment and generally are inaccessible except by trail, with primitive watersheds or shorelines and unpolluted waters. “Scenic” river segments are free of impoundment, with shorelines or watersheds still largely primitive and shorelines largely undeveloped but accessible in places by roads. “Recreational” river segments are readily accessible by road or railroad, may have some development along their shorelines, and may have been impounded or diverted in the past.

Most recent legislative action, AB 142 (Bigelow), Chapter 661, Statutes of 2015, directed the NRA to evaluate the suitability of five segments of the upper Mokelumne River’s main stem and North Fork for inclusion in the state system. NRA released a draft study report in January 2018, held two public meetings, and received extensive public comment. The process marked the first time a river has been assessed for addition to the California Wild and Scenic Rivers System since 1994. Designating the Mokelumne a California Wild and Scenic River preserves those segments in their free-flowing state and prevents construction of new dams or impoundments on the designated segments. Current water and land uses continue.

1. Past state protections from federal action. In 1995, in response to legislatively mandated studies, dams on portions of Deer and Mill creeks were prohibited (though the creeks were not formally designated).

In 2019, the U.S. Bureau of Reclamation and its cost-sharing partner, Westlands Water District, proposed to raise Shasta Dam to increase storage capacity in the state’s largest reservoir. The Trump Administration, under authority of the Water Infrastructure Improvements for the Nation Act of 2016 (WIIN), issued a “Secretarial Determination for Commencement of Construction” regarding the Shasta Dam raise and proposed to sign up cost-sharing partners for the Shasta Dam raise (the raise is illegal under provisions of the California Wild and Scenic Rivers Act) and begin construction in 2019.

Opponents of the project—including the State of California, argued that the project would flood prime fish habitat and inundate tribal religious sites on the McLoud River, which is protected under the California Wild and Scenic Rivers Act. California courts ordered Westlands not to study or participate in other efforts to raise Shasta Dam, because the California Wild and Scenic Rivers Act prohibits “agencies of the state” from cooperating on facilities that could impact the free-flowing condition of the McCloud River. Further, on November 15, 2021, the Infrastructure Investment and Jobs Act signed into law by President Biden continues many Western water projects features of the WIIN but prohibits construction funding for the expansion of Shasta Reservoir, a project that would inundate a portion of the McCloud River protected by the California Wild & Scenic Rivers Act.

According to the author, since 2011, the House of Representatives has considered at least four bills to remove federal protection for part of the Merced Wild River to allow for expansion of McClure Reservoir. The proposed expansion would drown a portion of this wild river and wipe out most of the known population of the state-protected Merced Canyon limestone salamander. Reservoir expansion also raises serious dam safety concerns. Those bills would not only have allowed unprecedented reservoir expansion to inundate a segment of the federally-designed Merced River, they would have permitted flooding of a river segment that provides whitewater boating, hiking, fishing, and other popular outdoor activities, as well as drown most of the known population of the state protected Merced limestone salamander, while raising serious dam safety concerns by reducing the capacity of Exchequer Dam’s emergency spillway.

There are indications that federal interest in the integrity of the national wild and scenic system has waned under the current Administration.

1. Current Trump Administration. Last November, on the heels of President Trump’s election, Governor Newsom issued a proclamation convening a special session of the Legislature to safeguard California policies and values from the incoming Trump Administration. The special session will focus on bolstering California legal protections to protect civil rights, reproductive freedom, climate action, and immigrant families, including $25 million in state funding for the Department of Justice to strengthen the state's legal defenses against the incoming administration.

Since taking office, President Trump has downsized the federal workforce by more than two million employees, including more than 7,000 employees at the U.S. Forest Service (USFS), and hundreds of positions at the National Park Service, the Environmental Protection Agency (US EPA), and the Bureau of Land Management. Further, the Department of Government Efficiency plans to terminate lease contracts at nearly two dozen California offices including the National Oceanic and Atmospheric Administration, US EPA, USFS, and Geological Survey.

1. This bill. In step with the Governor’s efforts to “future proof” the state, this bill would grant the secretary authority in perpetuity to protect wild and scenic rivers from actions taken by the federal government to derecognize them.

AB 43 eliminates the December 31, 2025, sunset date on the authority provided to the secretary by AB 2975 (Friedman), Chapter 221, Statutes of 2018, to determine whether the state should protect a river or segment of a river that has lost or will lose protection under the federal wild and scenic rivers system.

REGISTERED SUPPORT / OPPOSITION:

Support

All Outdoors
American River Conservancy
American Rivers
American Whitewater
Armargosa Conservancy
California Environmental Voters
California for Western Wilderness
California Native Plant Society, Alta Peak Chapter
California Sportfishing Protection Alliance
California Trout
Calwild
Center for Biological Diversity
Central Valley Partnership
Clean Earth 4 Kids
Clean Water Action
Coast Action Group
Defenders of Wildlife
Endangered Habitats League
Environmental Protection Information Center
Foothill Conservancy
Friends of The Eel River
Friends of The Inyo
Friends of The Lost Coast
Friends of The River
Keep It Wild Merced River
Klamath Forest Alliance
Los Angeles Waterkeeper
Los Padres Forest Watch
Mother Lode River Center
Nature for All
Northcoast Environmental Center
Northern California Council of Fly Fishers International
O.A.R.S.
Planning and Conservation League
Protect American River Canyons
Restore the Delta
Restoring the Stanislaus River
Safe Alternatives for Our Forest Environment
San Francisco Baykeeper
Save California Salmon
Save the American River Association
Sequoia Riverlands Trust
Sierra Club California
Sierra Consortium
Sierra Nevada Alliance
Sierra State Parks Foundation
The Climate Center
Trust for Public Land
Tuolumne River Trust
Union of Concerned Scientists
Water Climate TrusT

Opposition

None on file

Analysis Prepared by: Paige Brokaw / NAT. RES. /