Governor Gavin Newsom has signed AB 43 (Schultz-D). The bill continues an existing provision in the Public Resources Code that allows the California Resources Secretary to administratively provide state protection to federal Wild and Scenic Rivers in California if the Trump Administration or the Republican-dominated Congress propose to remove or weaken federal protection for these rivers.
Both the state and federal systems prohibit new dams and diversions that threaten the free-flowing character of specific rivers that possess outstanding or extraordinary natural and cultural values. About 2,404 miles of rivers and streams in the state currently enjoy protection under federal and/or state law – that’s about 2% of the 94,000 miles of rivers and streams in California. AB 43 applies only to 819 miles of federally protected rivers that currently lack state protection. This includes segments of the Middle Fork Feather, Black Butte River, North Fork American, Merced, Tuolumne, Kings, Kern, Big Sur, Sisquoc, Owens, North Fork San Jacinto, Amargosa, and Whitewater Rivers, as well as Sespe, Piru, Fuller Mill, Palm Canyon, Bautista Creek, Cottonwood, Deep, Holcomb, and Surprise Canyon Creeks.
Current state law permits the Secretary of the California Natural Resources Agency to administratively add federal rivers in California to the state system if the Trump Administration or Congress move to reduce or eliminate protection of the federal rivers in the state. This protective provision sunsets at the end of 2025. AB 43 eliminates the sunset provision and makes permanent the state’s authority to protect federal rivers. AB 43 does not add to the state system any rivers or streams that aren’t already in the federal system.
In this time of uncertainty caused by the political turmoil of the Trump Administration and Congress – including the potential sale to developers of millions of acres of federal public lands in the state – it is imperative that we make permanent the ability to provide state protection of federal rivers to ensure their free-flowing character and outstanding and extraordinary values are protected in perpetuity for present and future generations.
