Mandate to Protect and Enhance Recreation Values at Hydropower Projects

Under the Federal Power Act FERC has a clear mandate to protect and enhance recreational resources at the hydropower projects it licenses. Significantly, the language clearly states that the public’s interest in recreation will be given “equal consideration” to power generation, and that licensed projects will include a comprehensive plan for the protection, mitigation, and enhancement of beneficial public uses including recreation. The Commission's mandate for providing recreational resources at hydropower projects is further defined in Commission Order 313 (30 FR 16197), which states:

The Commission believes that irrespective of the requirements of their licenses, licensees whose projects comprise land and water resources with outdoor recreational potential have a responsibility for the development of those resources in accordance with area needs, to the extent that such development is not inconsistent with the primary purpose of the project. All licensees will therefore be encouraged to submit for Commission approval and incorporation into their licenses an appropriate recreational plan.

Utilities across the nation have embraced the importance of recreation and the hydropower trade group National Hydropower Association (NHA) notes that, “recreation is perhaps hydropower’s most visible and publicly driven benefit… These activities also contribute significantly to local and regional economies and greatly improve the quality of life for those who take advantage of these recreational opportunities.”

FERC has typically taken a strong stand in support of recreational access at their facilities and the following orders and correspondence from FERC can be cited when making the case for access at other projects.

Article by Heather Campbell, FERC Staff, on balancing public access with security
FERC Order denying recreation plan ammendment to close a boat launch at a project on the Mongaup River, NY
EA for a project on the Saranac River, NY that affirms the need to provide access to a steep gorge on a class V run
FERC letter addressing the need for public access to a boat launch on the Baker River project despite the fact that such access requires crossing private property.
FERC Order denying license ammendment to eliminate a license condition requiring construction of a public access site despite the need to cross private property.