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Examples of Hydro Settlement and Licensing Provisions Addressing NPS Concerns


  • Access facilities
  • (e.g., boat ramps, portages, mobility impaired access, improved shoreline fishing access, trails, changing areas, sanitation improvements, parking)
  • Flows
    (e.g., whitewater releases, improved navigability, fishing flows, release schedules, reduced opportunity for conflicts between fishing and boating)
  • Funds
    (e.g., access fee agreements, recreation facility maintenance)
  • Education
    (e.g., recreational/historical brochures, interpretive displays)

Land Protection:

  • Donation of project lands and for conservation and public use
  • Acquisition of lands for conservation and public use

  • Protection of culturally significant sites including archaeological resources

Aquatic Habitat:

  • Increased minimum flows
  • Increased operational flexibility
  • Habitat restoration funds
  • Habitat improvements for fish, mussels, and other aquatic life
  • Remediation of erosion
  • Wetlands restoration
  • Reduced winter drawdown
  • Reduced spring impoundment fluctuation
  • Replace flashboards with inflatable rubber dam

Enhancement Funds:

  • Protection, mitigation, enhancement funding
  • Research and monitoring
  • Water quality education
  • Recreation facility maintenance

Settlement Enforceability:

  • Language to clarify alternative courses of action if FERC doesn't accept key provisions of Offers of Settlement or rejects agreement.

    SOURCE: based on draft settlement agreements for Red Cedar River, WI (FERC #2181, #2697) and Indian Pond, ME/NH (FERC #2142) and the draft supplemental agreement for Potomac River Dams 4 and 5, MD/WV (FERC #2516, #2517).

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