Law and Policy

A bird flies over a lush forest overlooking the Androscoggin River, nearby the Appalachian National Scenic Trail and the Shelburne Hydroelectric Project, New Hampshire.

NPS

Several laws, regulations, and policies authorize the National Park Service (NPS) Hydropower Assistance Program’s (HAP) activities and guide the work:

National Park Service Mission

• The NPS HAP furthers the mission of the NPS by working with partners to extend the benefits of natural, cultural, and recreational resources, while preserving the same resources within the National Park System.

The Federal Power Act of 1920, as amended, (16 United States Code (USC) Sections 791a et seq., Public Law (PL) 95-617)

• The regulations for the Federal Power Act require licensees to consult with the NPS on hydropower proceedings, for areas affecting NPS-managed areas and on recreation for all projects (18 CFR 4.38(a), 18 CFR 5.1(d) and 18 CFR 16.8(a)); identifies topics for consultation (18 CFR 4.51 (f) (4), (5) & (6)).
• The NPS works to ensure that energy development considers compatible opportunities for outdoor recreation and the protection of NPS's natural and cultural resources. The NPS makes recommendations under Section 10(a) and, under more limited circumstances, conditions under Section 4(e).

The NPS Organic Act of 1916, as amended, (54 U.S.C. 100101 et seq.)., PL 64-235)

• This Act establishes the National Park System “…to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.”
• The NPS HAP implements the Organic Act's legal obligation to protect park resources and that hydropower development projects consider the conservation of these resources within the National Park System. The program aids in navigating the licensing process for hydropower projects while seeking to balance energy production with the protection of park resources and visitor experiences. The NPS HAP does this by fostering collaboration between the NPS, hydropower operators, and various partners to ensure that hydropower projects are developed in a way that complies with the objectives outlined in the Organic Act.

The Wild and Scenic Rivers Act of 1968, as amended, (16 USC 28, Sections 1271, et seq., PL 90-542)

• This Act establishes federal protections for designated rivers, ensuring their free-flowing conditions and conservation, and authorizes federal assistance to state and local entities to protect river environments.
• The NPS HAP plays a critical role in implementing the Act by overseeing water resource projects affecting the Wild and Scenic River System. Specifically, the NPS HAP reviews projects under Section 7 of the Act, including Federal Energy Regulatory Commission (FERC) licensed hydropower projects associated with many designated rivers, as well as rivers authorized by Congress for study to ensure that actions do not adversely affect the river's free-flowing condition, water quality, or outstandingly remarkable values. FERC is prohibited from licensing new hydropower projects that are on or affect Wild and Scenic Rivers. Additionally, the NPS maintains the Nationwide Rivers Inventory, which identifies rivers potentially eligible for protection under the Act. FERC recognizes the Nationwide Rivers Inventory as a comprehensive plan and must take care to avoid or mitigate actions that could adversely affect Nationwide Rivers Inventory segments.

The National Trails System Act of 1968, as amended, (16 USC 27 Sections 1241 et seq., PL 90-543)

• This Act authorizes NPS to administer National Scenic, National Historic, and National Recreation Trails, preserving them according to their designation. With this, the NPS HAP ensures that hydropower projects protect trail resources, consider recreation access, promote collaborative management, and incorporate sustainable practices.

The National Outdoor Recreation Act of 1963, as amended, (54 USC Section 200101, PL 88-29)

• In this Act, Congress charges the NPS, through the Secretary of the Interior, with the responsibility "to promote the coordination and development of effective programs relating to outdoor recreation." In the same Act, Congress declared that it was "desirable that all American people of present and future generations be assured adequate outdoor recreation resources.” The NPS HAP aids in planning and evaluating hydropower projects, taking into consideration opportunities for outdoor recreational resources.

The NPS also has oversight responsibilities to ensure the protection of recreation areas established through the Land and Water Conservation Fund and the Federal Lands to Parks program. The NPS HAP reviews and provides assistance on projects that affect these areas.

The NPS selects projects based on the following: “Policy and Guidelines for Recreational Technical Assistance in Hydropower Licenses,” 57 FR 61915, December 29, 1992. The NPS issued a management policy and guidelines for its Recreation Technical Assistance in Hydropower Licensing Program. The policy and guidelines give direction to NPS staff in providing technical assistance and assist the public in understanding this program.