Defeating Federal Government Land Designations
- Anne Boswell Taylor
- Jun 9
- 5 min read
~Norman L. Kincaide, Ph.D.
When the federal government is allowed to create another federal government land designation (Wild & Scenic River, Wilderness, National Heritage Area, National Conservation Area), the residents are allowing it to further exploit its power, influence and control over property which affects the surrounding region. They are also mechanisms for nonprofits or nongovernmental organizations to flourish and defraud the taxpayers of the United States. Furthermore, how does more and restrictive administration benefit a region? How many layers of government will make it more efficient and cost effective? Then there is the issue of enforcement. More and restrictive administration and regulation require more restrictive enforcement with corresponding penalties. These designations also degrade the sovereignty of county commissioners and county planning boards.
For example, the most effective ways to defeat or prevent a Wild and Scenic River designation under the United States Wild & Scenic Rivers Act of 1968, are primarily political, as once Congress designates a river or any other designation, it is very difficult to reverse.
In this effort it is necessary to build strong local and political opposition. Secure unified opposition from local governments, landowners, tribes, businesses, and state officials. Studies weigh support or opposition to designation heavily as a suitability factor. Local control and economic development concerns have killed recommendations. Engage your congressional delegation early. Bills need sponsors and floor support, strong local pushback can prevent introduction, stall in committee, or lead to amendments or exclusions. It took very little pushback for the Park Service to pull out of the Canyons & Plains National Heritage Area feasibility study in southeastern Colorado in March 2014.
During eligibility or suitability studies or land plan revisions, submit detailed comments challenging ORVs, boundaries, impacts on private property or water rights or the economy, or arguing the river is not “Free-Flowing” or lacks qualifying values. Push for not suitable findings due to existing development, conflicting uses, or better alternatives. Use Freedom of Information Act (FOIA) and public meetings to gather data and mobilize.
Organize a coalition quickly, document local impacts with data, economic studies, contact representatives, and engage agency processes formally (written comments create a record). Success depends heavily on demonstrating broad local consensus against the Wild & Scenic River Designation. National environmental groups often push designations, so counter with organized grassroots efforts. Preserving the free-flowing condition is a central policy goal of the Act. Emphasize the fact the river is “not free flowing.”
It is also best to act independently of the federal government agency proposing the land designation. Hold public meetings independent of federal sponsors. Do not wait upon the comment period. Opposition must appear well before the comment period. Comments in opposition may never appear, be removed or may be relegated to anonymous remarks by the federal government agency. Stay focused on the one issue, the designation at hand.
Currently, there is a Wild & Scenic River designation proposed for the Purgatoire River and Pickett Wire Canyon by the Forest Service as a part of the Cimarron & Comanche National Grasslands revised management plan. The Forest Service insists in its June 2026 newsletter that the Purgatoire River in Pickett Wire Canyon is “free flowing” and they are proceeding with the Wild & Scenic River designation for that river.
A Freedom of Information Act request approved by and delivered to the requesting party on March 25, 2026, disclosed flaws in the Cimarron and Comanche National Grasslands Wild and Scenic Rivers Eligibility Studies Report, May 2025, stating the Purgatoire River was “free flowing.” Property owners along the Purgatoire River and residents of the affected counties know this to be inaccurate, the Purgatoire River is dry for weeks if not months at a time.
County commissioners play a vital role in addressing federal government over reach with federal government designations. Resolutions must be drafted and passed by county commissioners and other local elected bodies. This was highly effective in defeating the Canyons & Plains National Heritage Area in southeastern Colorado in 2014, wherein all seven boards of county commissioners in the NHA targeted region passed resolutions opposing the Canyons & Plains NHA, resulting in Canyons & Plains publishing a press release stating they were no longer pursuing a feasibility study for the NHA. The Cascade County, Montana, Board of County Commissioners passed a resolution opposing the Big Sky National Heritage Area in December 2020, resulting in halting that designation. The largest demonstration of this method was in 2021 when 45 Boards of County Commissioners in Kansas and Nebraska passed resolutions opposing the Kansas Nebraska National Heritage Area proposed for 49 counties, 26 in Kansas and 23 in Nebraska, resulting in the destruction of the Kansas Nebraska Heritage Area Partnership when they lost five board members at the end of April 2021.
Sample Resolution
RESOLUTION OPPOSING WILD & SCENIC RIVER DESIGNATION FOR THE PURGATOIRE RIVER & PICKETT WIRE CANYON
Whereas; the Forest Service Cimarron and Comanche National Grasslands Wild and Scenic Rivers Eligibility Study Report, 2025 found: the Purgatoire River “to be both free-flowing and have at least one Outstandingly Remarkable Value;”
Whereas; the conclusion of this 2025 Report that the Purgatoire River is “free-flowing” within the twenty-mile study area is flawed, in that the river is not free-flowing, the river being dry for weeks if not months at a time;
Whereas; the Purgatoire River lacking free-flowing nature cannot be held out to be a high-quality fishery;
Whereas; the current state of the Purgatoire River is inconsistent with the Forest Service determination as “free-flowing” in its 2025 Report;
Whereas, there appears to be no appreciable benefit to be derived from the Purgatoire River Wild & Scenic River designation by Comanche Grassland permit holders or the public in general.
Now therefore be it resolved that the (voting entity) opposes the Designation of the Purgatoire River and Pickett Wire Canyon as a Wild & Scenic River in that the river is not free-flowing within the definition of the Wild & Scenic Rivers Act and should not be included within the Wild & Scenic River System.
Efforts to defeat federal government designations require that both state and federal representatives and senators be educated on the facts at issue with a federal designation. At a candidate town hall held at the VFW Hall in Las Animas, Bent County, on June 8, 2026, Representative Ty Winter, HD 47 and Senator Rod Pelton, SD 35, were given a detailed article, supported by FOIA documentation, on the issues with the Purgatoire River, Pickett Wire Canyon, Wild & Scenic River proposal. Bent County Commissioner, Alan Stump, was also given a copy.
In defeating federal government designations, refrain from using “opposing,” (other than in a resolution) rather use the word “defeating” or “defeat” as defeat is planted in the mind of proponents. It is easier to defeat a nonprofit promoting a designation, they may lose board members and financial support or may be thrown under the bus by a federal agency. Whereas, it is difficult to embarrass federal government agencies if they covet a certain designation. Actually, there should be a moratorium on all federal land designations. The Forest Service, Bureau of Land Management and National Park Service should learn to efficiently manage what they currently occupy without further restrictions. Absent that eventuality, it is up to local jurisdictions to oppose and defeat federal government land designations.
Source
Grok summary on how to oppose Wild & Scenic River designations.
Norman L. Kincaide, Ph.D., Viewshed, Defeating a National Heritage Area, Amazon, 2025
Norman L. Kincaide, Ph.D., Call to Service, Journey Through the Heartland, And the Destruction of Kansas Nebraska Heritage Area Partnership, Amazon, 2023
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