6. In the last 10 years, the number of people fishing on my reservoir has tripled. I
would like to install a new boat ramp, do I need to file for an amendment?

Yes. Changes in your recreation plan must be addressed in license amendments and
are subject to agency consultations. You should check with Commission staff before
making any changes.

7. A local environmental organization has prepared a plan for the river my project is
located on. Do I need to include the elements of their plan in my recreation plan?

No, but it is always helpful to consult with local organizations about their ideas for
your project. In general, the more input from the public and other users of the
recreation resources in your project area, the better your recreation plan will be.
Early consultation is especially useful for identifying possible conflicts between uses.

8. A local real estate developer would like to acquire property within my project
boundaries that is not useful to me in power production. There is already adequate
public access to the project’s recreation resources. Are there any recreation issues I
need to be concerned with?

All changes in project land status require FERC approval. In addition, the
development of a new subdivision within the immediate area of a project can have a
significant effect on the demand for recreation at your project. In fact, the proximity
of recreation resources associated with your project may be an important incentive for
people to purchase homes within the new development.

In preparing your application, include an analysis of effects of potential demand
increases from new development on existing facilities and what might be required to
accommodate these increases.

9. The State Rivers Commission identified canoe portage around my dam as a priority
for a recreation corridor in the waterways. It wants me to build the portage, but I
don’t own the property on which it would be constructed. Is there anything I can do?

Order No. 313 and Section 2.7 allow the licensee to include land acquisition and
development of project-related recreation facilities as project costs. You may also
want to investigate establishing an easement or other type of land transfer mechanism
with the present property owner.

Chapter 5: Questions and Answers Page 16


1546 FEDERAL POWER COMMISSION 34 FPC

Before Commissioners: Joseph C. Swidler, Chairman; Charles R. Ross,
David S. Black and Carl E. Bagge.

RECREATIONAL DEVELOPMENT AT LICENSED PROJECTS, DOCKET
NO. R-294

ORDER NO. 313

ISSUING STATEMENT OF GENERAL POLICY

(Issued December 1965) *

This order sets forth a statement of Commission Policy with respect to
outdoor recreational development at projects licensed or to be licensed under
the Federal Power Act.

There has been a dramatic increase in public utilization of outdoor recrea-
tion opportunity during the twenty years since World War II. During the
period from 1952 to 1962, for example, visits to National Parks increased
ST percent. visits to other Federal recreation areas increased 238 percent,
and visits to State parks increased 113 percent.

The population of the United States has increased substantially in the
past two decades, with greater growth predicted for the future. A larger
number of Americans than ever before are participating in one form or another
of outdoor recreation at established recreational areas. Reservoirs at Fed-
erally licensed projects currently provide a significant source of outdoor
recreation opportunity; but there is every indication that greatly expanded
recreational development at such sites is possible both at existing projects
and at those to be licensed in the futcre.

The Congress. in enacting Public Law 88-29" recognizing future recrea-
tional needs of the nation. set forth the following national policy on outdoor
recreation

“** the Congress finds and declares it to be desirable that all
American people of present and future generations be assured ade
qnate outdoor recreation resources, and that It is desirable for all
levels of government and private interests to take prompt and co-
ordinated action. to the extent practicable without diminisbing or affecting
their respective powers and functions. to conserve, develop. and utilize
such resources for the benefit and enjoyment of the American people.

The President. by Executive Order 11017. dated April 27, 1962. established
the Recreation Advisory Council to provide broad policy advice to the heads
of federal agencies on all important matters affecting outdoor recreation re
sources and to facilitate coordinated efforts among federal agencies.

The Federal Power Commission has long been interested in recreational
development at licensed projects. While section 10/:+ of the Federal Water
Power Act of June 19, 1920 (41 Stat. 1083) did not recer specifically to recrea-
tien, in 1925 when the Federal Water Power Act was re-enacted as Part I of
the Federal Power Act (49 Stat. S38. 16 U.S.C. 7919-S25r), the words “includ-
Ing recreational purposes” were added to section 10(a) to make clear that

*Publisted in the Federal Register on December 27, 1985 (30 F.R. 16197).

An act to promote the coordination and development of effective programs relating
to ontdoor recreation (77 Stat 49, 16 U.S.C. 4601). This statute established the Bureat
of Outdoor Recreation within the Department of the Interior to promote the coordination
and development of effective programs relating to ontdoor recreation.


2.7 Recreational development at licensed projects.

The Commission will evaluate the recreational resources of all projects under Federal license or applications
therefor and seek, within its authority, the ultimate development of these resources, consistent with the needs of the area to
the extent that such development is not inconsistent with the primary purpose of the project. Reasonable expenditures by a
licensee for public recreational development pursuant to an approved plan, including the purchase of land, will be included
as part of the project cost. The Commission will not object to licensees and operators of recreational facilities within the
boundaries of a project charging reasonable fees to users of such facilities in order to help defray the cost of constructing,
operating, and maintaining such facilities. The Commission expects the licensee to assume the following responsibilities:

(a) To acquire in fee and include within the project boundary enough land to assure optimum development of the
recreational resources afforded by the project. To the extent consistent with the other objectives of the license, such lands to
be acquired in fee for recreational purposes shall include the lands adjacent to the exterior margin of any project reservoir
plus all other project lands specified in any approved recreational use plan for the project.

(©) To develop suitable public recreational facilities upon project lands and waters and to make provisions for adequate
public access to such project facilities and waters and to include therein consideration of the needs of physically handicapped
individuals in the design and construction of such project facilities and access.

(c) To encourage and cooperate with appropriate local, State, and Federal agencies and other interested entities in the
determination of public recreation needs and to cooperate in the preparation of plans to meet these needs, including those for
sport fishing and bunting.

(@) To encourage governmental agencies and private interests, such as operators of user-fee facilities, to assist in carrying
out plans for recreation, including operation and adequate maintenance of recreational areas and facilities.

(©) To cooperate with local, State, and Federal Government agencies in planning, providing, operating, and maintaining
facilities for recreational use of public lands administered by those agencies adjacent to the project area.

(Q(1) To comply with Federal, State and local regulations for health, sanitation, and public safety, and to cooperate with
law enforcement authorities in the development of additional necessary regulations for such purposes.

(2) To provide either by itself or through arrangement with others for facilities to process adequately sewage, litter, and
other wastes from recreation facilities including wastes from watercraft, at recreation facilities maintained and operated by
the licensee or its concessionaires.

(g) To ensure public access and recreational use of project lands and waters without regard to race, color, sex, religious
creed or national origin.

(h) To inform the public of the opportunities for recreation at licensed projects, as well as of rules governing the
accessibility and use of recreational facilities.

{Order 313, 30 FR 16198, Dec. 29, 1965, as amended by Order 375-B, 35 FR 6315, Apr. 18, 1970; Order 508, 39 FR
16338, May 8, 1974]

Appendices


turbine utilizes, rather than spills, flows in excess of the project’s original hydraulic capacity.
This would affect both supply and quality of the resource by reducing the length of the
season for boating and reducing the maximum flow available. Reductions in flow can have a
significant effect on the quality of whitewater boating. On the other hand, the new turbine
may provide more flexibility to adjust flows in a bypassed reach, making it possible for a
project to continue generating power, while providing minimum flow releases to enhance
other resources. Alteration of a project’s generating equipment may also have an effect on
entrainment or impingement of fish, affecting the recreational fishery associated with the
project waterway.

Feature Changes

Significant changes in the physical features of a project, such as new structures, relocation of
transmission lines, or alterations of existing structures, may occur during project construction
or subsequent operation.

These activities may affect recreation resources by altering the project impoundment level,
creating new opportunities for water-related activities, or by changing the availability of
existing opportunities. New opportunities for water skiing, swimming, and boating could
result from increased water levels, whereas lower water levels could affect the adequacy of
existing boat launches and docks, bank fishing opportunities, and canoe portage routes.

Other design changes could result in transmission line relocation through existing recreation
areas, degrading their appearance or removing portions from use. Installation or
modification of fishways which could improve the recreational fishery may require facility
upgrades to accommodate additional users. Construction activities requiring clearing,
creation of access roads, or development of new project structures could also potentially
affect existing recreation areas.

Operational Changes

After a facility is completed, licensees may require changes to the authorized mode of
operation. These changes may include increasing the operating level of the reservoir,
modifying minimum flows downstream of the project, or revising the ramping rate.

These types of modifications may affect recreation activities both upstream and downstream
of the project. Significant alterations in the level of the project reservoir may affect public
and private boat launching facilities and docks, inundate areas currently utilized for camping
or picnicking, or alter the type and size of watercraft that can safely operate on the
impoundment.

Modification of minimum flows below the project could affect tailrace fishing opportunities,
whitewater boating, and recreational canoe trips. Downstream releases also have a direct

Chapter 3: Recreation Impacts Page 10


LITERATURE CITED

Armstead, Lloyd. Whitewater Rafting in North America. Globe Pequot Press. 1994.

Code of Federal Regulations. Title 18, Parts 1 to 149. U.S. Government Printing Office,
Washington, DC. Revised April 1, 1992.

Cordel, Ken et al. An Analysis of the Outdoor Recreation and Wilderness Situation in the
United States: 1989-2040. USDA Forest Service. RMF & RES. General Technical

Report RM-189. April 1990.

Federal Energy Regulatory Commission. Contact Us First - Division of Project Compliance
and Administration. Office of Hydropower Licensing, Washington, D.C.

Federal Energy Regulatory Commission. Guidelines for Public Safety at Hydropower
Projects. Division of Dam Safety and Inspections. March 1992.

Federal Energy Regulatory Commission. Hydroelectric Project Licensing Handbook. Office
of Hydropower Licensing, Washington, D.C. December 1991.

The Report of the President’s Commission. Americans Outdoors: The Legacy, The
Challenge. Island Press. 1987.

Shelby, Brown and Taylor. Stream Flow and Recreation. USDA Forest Service Rocky
Mountain Forest and Range Experimental Station. General Technical Report RM-

209. Revised, March 1992.

Walsh, Richard. Recreation Economic Decisions: Comparing Benefits and Costs. Venture
Publishing, Inc. State College, Pa. 1986.

Literature Cited Page 20


1546 FEDERAL POWER COMMISSION 1547

recreation considerations were to be included in comprebensive development
ef the nation's water resources.

In the ensuing years the Commission. starting with a practice of considering
project recreational possibilities on case-by-case basis at the time of initial
application. has gradually developed a comprehensire general pattern. Stand-
ard license forms for various categories of projects hare for a number of
Fears provided for reasonable free public access to project reservoirs for
recreational purposes. and obliging the licensee, upon notice and opportualty
fer hearing. to take such steps to install reasonable recreational facilities as
might be required by public interest and consistent with the otaer objectives
nt the license. Recognizing the need for greater advance planning for de-
velopment of outdoor recreation resources at licensed projects. the Commission,
in 1962. issued a notice of proposed rulemaking (Docket No. R-223), proposing
that license applicants submit a recreational plan for all major projects.
This proceeding culminated on April 25, 1963 in Order No. 260-4 29 FPC 77,
28 FR. 4092), whereby the Commission amended § 4.41 of its Regulations
under the Federal Power Act to require the filing of Exhibit R—a recreational
use plan—as part of every application for major license filed after June 1,
1963. The requirements of Exhibit R were further particularized by Order
No, 292. issued January & 1965 (33 FPC 32, 30 F.R. 523).

Reflecting its desire to make project recreational opportunities widely known
to the general public, the Commission by Order No. 299, issued May 27, 1965,
amended Regulations under the Federal Power Act by adding a new Part 3
requiring the publicizing of recreational features or operational procedures
affecting recreation at licensed projects (33 FPC 1131. 30 FR. 7313).

These various provisions constitute a comprehensive recreational package
applicable to all new major licensees. whether their licenses are for constructed
or unconstructed projects. We also intend in connection with any application
for substantial amendment to a license. reasonably related to recreation, which
does not presently incorporate an article requiring the filing of a recreational
use plan. the standard free access article. or the article providing for the
installation of such recreational facilities as the Commission might, after
notice and opportunity for hearing. find consistent with the other objectives
of the license and required br public interest. to require the licensee to show
cause why such articles should not be incorporated into its license. if the
license is otherwise amended in response to the application. And in the
future we shall not approve any application or request by a licensee to dispose
of any interest in lands within project boundaries, in the absence of a sbowing
by the licensee that such disposal is not inconsistent with the approved public
recreational plan for the project. or, in the absence of such a plan, that the
lands in question do not have recreational value.

By separate order we are amending Section 4.41 of the regulations to make
clear that we expect licensees to extend their project boundaries beyond the
200 feet from the exterior margin of reservoirs presently specified whenever
appropriate te effectuate a comprehensive recreational plan. In addition, it
is our view, as set out in the proposed policy statement below. thet generally
all recreational areas specified in an approved plan, should be acquired by the
licensee in fee. and should include all lands immediately edjacent to the ex-
terior margin of the reservoirs. We recognize, however, that in the case of
some constructed though unlicensed projects or amendments to eristing
licenses, the latter two objectives on occasion may not be consistent
economic well being of the project. or In isolated situations of low recreational
potential, required by the public interest.



INTRODUCTION

Pursuant to the Federal Power Act, as amended by the Electric
Consumers Protection Act, the Federal Energy Regulatory
Commission (FERC or Commission) is authorized to issue
licenses for non-federal hydroelectric power projects. After the
Commission issues a license, modifications to the originally
authorized project license are often necessary. Modifications
could range from a simple time extension for completing a
required study, to a complex major design change, or a
modification of an existing project. The key element in
determining the need for an amendment is whether or not the

aay OA) contemplated action is consistent with the authorizing
a5 < y documents. You should contact the staff if any proposed project
REG modification could affect the terms and conditions of your

license. If you are uncertain about what steps to take, the
Commission staff in the Division of Project Compliance and
Administration can advise you.

On December 27, 1965, FERC issued Order No. 313, which
amended the General Policy and Interpretations section of the
Commission’s regulations (18 CFR Part 2) to ensure that the
ultimate development of recreation resources at all projects is
consistent with area recreational needs. Specifically, 18 CFR
Part 2 was amended to include § 2.7, which requires licensees
to: (1) acquire lands to assure optimum development of the
recreational resources afforded by the project; (2) develop
suitable public recreational facilities with adequate public access,
considering the needs of physically handicapped persons in the
design of facilities and access; (3) coordinate efforts with other
agencies in the development of recreation areas and facilities;
(4) provide for planning, operation, and maintenance of these
facilities; and (5) inform the public of opportunities for
recreation at licensed projects.

In addition, Order 313 specifically affects licensees seeking
amendments. This Order states that it is the Commission’s
intent to incorporate license articles that require a recreation
plan, public access, and installation of recreation facilities for
any application for a substantial amendment to a license that
does not already include such articles.

Introduction Page 1


(5) For amendment of a license for a water power project that, at the time the application is filed, has been constructed
and is proposed to have a total installed generating capacity of more than 5 MW-Exhibits A, B, C, D, E, F, and G under §
4.51 of this chapter. -

(c) Required exhibits for non-capacity related amendments. Any application to amend a license for a water power project
that would not be a capacity related amendment as described in paragraph (b) of this section must contain those exhibits that
require revision in light of the nature of the proposed amendments.

(@) Consultation and waiver. (1) If an applicant for license under this subpart believes that any exhibit required under
paragraph (6) of this section is inappropriate with respect to the particular amendment of license sought by the applicant, a
petition for waiver of the requirement to submit such exhibit may be submitted to the Commission under § 385.207(c)(4) of
this chapter, after consultation with the Commission’s Division by Hydropower Licensing.

(2) A licensee wishing to file an application for amendment of license under this section may seek advice from the
Commission staff regarding which exhibits(s) must be submitted and whether the proposed amendment is consistent with the
scope of the existing licensed project.

[Order 184, 46 FR 55943, Nov. 13, 1981, as amended by Order 225, 47 FR 19056, May 3, 1982; 48 FR 4459, Feb. 1,
1983; 48 FR 16653, Apr. 19, 1983; Order 413, 50 FR 11689, Mar. 25, 1985; Order 533, 56 FR 23154, May 20, 1991]

§ 4.202 Alteration and extension of license.

(a) If it is determined that approval of the application for amendment of license would constitute a significant alteration of
license pursuant to section 6 of the Act, 16 U.S.C. 799, public notice of such application shall be given at least 30 days
prior to action upon the application.

(b) Any application for extension of time fixed in the license for commencement or completion of construction of project
works must be filed with the Commission not less than three months prior to the date or dates so fixed.

[Order 184, 46 FR 55943, Nov. 13, 1981]

Appendices


10. If I build all the recreation facilities required by the Commission, I’ll need one full- -
time person to maintain the facilities, plus money to maintain the facilities. What can-
I do to offset some of these costs?

It is the Commission’s policy to allow licensees to charge reasonable fees for use of
project facilities. These fees should be assessed in order to help defray the cost of
constructing, operating, and maintaining such facilities.

11. Can I make arrangements with others (government agencies, private entities, etc.) to
construct, manage, and/or maintain approved project recreational facilities?

Yes, you are permitted to make arrangements with others to construct manage, and/or
maintain approved recreation facilities. However, you remain ultimately responsible
for the construction, management, and maintenance of such facilities and must ensure
that these facilities are constructed, managed, and maintained in accordance with the
requirements of your license.

Chapter 5: Questions and Answers Page 17


§ 4.38 Consultation requirements.

(a) Requirement to consult. (1) Before it files any application for an original license or an exemption from licensing that
is described in paragraph (a)(4) of this section, a potential applicant must consult with the relevant Federal, State, and
interstate resource agencies, including the National Marine Fisheries Service, the United States Fish and Wildlife Service,
the National Park Service, the United States Environmental Protection Agency, the Federal agency administering any United
States lands or facilities utilized or occupied by the project, the appropriate State fish and wildlife agencies, the appropriate
State water resource management agencies, the certifying agency under section 401(a)(1) of the Federal Water Pollution
Control Act (Clean Water Act), 33 U.S.C. § 1341(¢)(1), and any Indian tribe that may be affected by the proposed project.

(2) The Director of the Office of Hydropower Licensing or the Regional Director responsible for the area in which the
project is located will, upon request, provide a list of known appropriate Federal, state, and interstate resource agencies and
Indian tribes.

(3) An applicant for an exemption from licensing or an applicant for a license seeking benefits under section 210 of the
Public Utility Regulatory Policies Act, as amended, for a project that would be located at a new dam or diversion must, in
addition to meeting the requirements of this section, comply with the consultation requirements in § 4.301.

(4) The pre-filing consultation requirements of this section apply only to an application for:

(@ Original license;

Gi) Exemption;

(ii) Amendment to an application for original license or exemption that materially amends the proposed plans of
development as defined in § 4.35(f)(1);

(iv) Amendment to an existing license that would increase the capacity of the project as defined in § 4.201(6); or

(v) Amendment to an existing license that would not increase the capacity of the project as defined in § 4.201(b), but
that would involve:

(A) The construction of a new dam or diversion in a location where there is no existing dam or diversion;

(B) Any repair, modification, or reconstruction of an existing dam that would result in a significant change in the normal
maximum surface area or elevation of an existing impoundment; or

(C) The addition of new water power turbines other than to replace existing turbines.

(5) Before it files a non-capacity related amendment as defined in § 4.201(c), an applicant must consult with the resource
agencies and Indian tribes listed in paragraph (a)(1) of this section to the extent that the proposed amendment would affect
the interests of the agencies or tribes. When consultation is necessary, the applicant must, at a minimum, provide the
resource agencies and Indian tribes with copies of the draft application and allow them at least 60 days to comment on the
proposed amendment. The amendment as filed with the Commission must summarize the consultation with the resource
agencies and Indian tribes on the proposed amendment, propose reasonable protection, mitigation, or enhancement measures
to respond to impacts identified as being caused by the proposed amendment, and respond to any objections,
recommendations, or conditions submitted by the agencies or Indian tribes. Copies of all written correspondence between the
applicant, the agencies, and the tribes must be attached to the application.

(6) This section does not apply to any application for a new license, a nonpower license, a subsequent license, or surrender
of a license subject to sections 14 and 15 of the Federal Power Act.

(7) If @ potential applicant has any doubt as to whether a particular application or amendment would be subject to the pre-
filing consultation requirements of this section or if a waiver of the pre-filing requirements would be appropriate, the
applicant may file a written request for clarification or waiver with the Director, Office of Hydropower Licensing.

(b) First stage of consultation. (1) A potential applicant must promptly contact each of the appropriate resource agencies
and affected Indian tribes; provide them with a description of the proposed project and supporting information; and confer
with them on project design, the impact of the proposed project (including a description of any existing facilities, their
operation, and any proposed changes), reasonable hydropower alternatives, and what studies the applicant should conduct.
The potential applicant must provide to the resource agencies, Indian tribes, and the Commission the following information:

(@ Detailed maps showing project boundaries, if any, proper land descriptions of the entire project area by township,
range, and section, as well as by state, county, river, river mile, and closest town, and also showing the specific location of
all proposed project facilities, including roads, transmission lines, and any other appurtenant facilities;

(i) A general engineering design of the proposed project, with a description of any proposed diversion of a stream through
a canal or a penstock;

(ii) A summary of the proposed operational mode of the project;

Gv) Identification of the environment to be affected, the significant resources present, and the applicant's proposed
environmental protection, mitigation, and enhancement plans, to the extent known at that time;

Appendices


State Comprehensive Outdoor

Recreation Plan (SCORP) State-issued plans that serve as status reports and overall -
guidelines for recreation resource preservation, planning,
and development. They provide statewide policy
direction for the assessment and management of natural,
cultural, and recreational resources.

Recreation Day Each visit by a person to a development for recreational
purposes during any portion of a 24-hour period.

Project Development The portion of a project that includes (a) a reservoir, or
(b) a generating station and its specifically related
waterways.

Glossary Page 19


Appendix C: 18 CFR Section 2.7. Recreational Development at Licensed Projects.

Appendices


helpful to the preparation of the recreation plan. The combination of well documented
statistics on use and users’ responses to interviews or questionnaires provides the basic -
foundation of a good recreation plan.

4) Projections of future demand for project-based recreation facilities can help to predict
whether there will be sufficient capacity at your facilities in the future. Census data on
population growth or decline and demographic information about the population within a one-
hour drive of the project will provide the basic data needed to forecast future demand. State
SCORP documents typically include these data. The SCORP will also include projections of
growth in specific recreation activities within the state and should be used as a standard
reference in preparing recreation plans

Licensees must also keep in mind that demand for recreation is not static; it is an evolving
process. Periodic review of a project’s consistency with recreation demands is required to
ensure that the public need for recreational opportunity is being met by existing and proposed
facilities. Reassessing how a project relates to the present and future recreation environment
is an important part of long-range facility planning.

Recreation and Public Safety

Project owners, through their own initiative and FERC directives, are responsible for
installing and maintaining physical safety barriers and other safety measures at their projects.
Because each project is unique and requires site-specific judgments and solutions to resolve
safety issues, the Commission has requested that all licensees prepare a Public Safety Plan
detailing the type and location of all project safety features. The safety standard applicable
to most project structures, where potential or actual danger exists, is to require safety devices
or other warning systems that may be necessary or desirable to warn the public of
fluctuations in flow from the project, or otherwise protect the public in the use of project
lands and waters. Projects that have heavily utilized recreation facilities require significant
attention to public safety measures. The licensee needs to consider public safety when
providing public access to its project. Often the most dangerous features of a project are
those that are the most attractive to the recreating public. For example, although tailrace
fishing or fishing in a bypass reach may be best in these locations, rapid changes in water
levels can endanger anglers. A licensee needs to provide sufficient safety devices or warning
systems to protect anglers in these areas.

A good recreation plan should include information on project safety by describing the types
of hazards that can exist at the project and the safety devices or other measures employed to
enhance the protection of the public that utilize project lands and waters. In addition to the
installation of safety devices, other safety measures may include preventing recreational
activities in hazardous areas. For example, portage trails that enhance recreation may
improve public safety by directing boaters away from dangerous spillways, power canals, or
other project features that may endanger paddlers.

Chapter 4: Recreation Exhibits Page 14


CHAPTER 2
License Amendments and Recreation

FERC’s Division of Project Compliance and Administration (DPCA) is responsible for
reviewing and issuing license amendments, reviewing compliance filings, and monitoring
FERC licensed projects. FERC keeps abreast of changes in recreation demand by means of
various reporting requirements for licensees. Form 80 recreation reports, which may be the
most familiar to licensees, require the submittal of reports on recreational use at project
facilities every 6 years for data collected the year prior to filing. FERC may also require
annual reporting of recreation use at project facilities by means of special license articles.
Further, through other license articles, FERC may require licensees to prepare recreation
plans that assess existing use patterns and provide for future demand through modification or
addition of new recreation facilities.

License amendments are generally required when there is a proposed change to a project
previously authorized by a Commission order issuing a license. Licensees considering the
filing of a license amendment, whether or not it is related to recreation, should contact
DPCA early on in the amendment process. In reviewing a proposed license amendment,
DPCA will focus attention on issues directly related to the proposed change. It does not
automatically open the whole project up to review. DPCA will provide guidance on what
exhibits will need to be filed with the proposed amendment application.

Project changes that require an amendment can be classified into six categories: capacity,
project features, operational, land status changes, compliance filings, and time extensions.

Activities affecting approved recreation plans may fall into any of these categories. For
instance, a proposal to raise the level of the project impoundment may require an amended
recreation plan to incorporate additional boating facilities or the loss of lake side campsites.
Flow modifications or project boundary changes may require an amended recreation plan if
these activities affect recreation related uses. A licensee must address these affects in
consultation with appropriate state and federal resource agencies.

Consultation Requirements

Agency consultation is an integral part of the Commission’s review of an application for
amendment. The consultation process assists the Commission in the determination as to
whether or not a project is consistent with comprehensive plans for a waterway.

Chapter 2: License Amendments and Recreation Page 6


Appendix B: 18 CFR Part 4, Subpart L. Application for Amendment of License

Appendices


(B) Responds to any comments and recommendations made by any resource agency and Indian tribe either during the first
stage of consultation or under paragraph (c)(2) of this section; .
Gi) The results of alll studies and information-gathering either requested by that resource agency or Indian tribe in the first
stage of consultation (or under paragraph (c)(2) of this section if available) or which pertain to resources of interest to that
resource agency or Indian tribe and which were identified by the potential applicant pursuant to paragraph (b)(1)(vii) of this

section, including a discussion of the results and any proposed protection, mitigation, or enhancement measures; and

ii) A written request for review and comment.

(5) A resource agency or Indian tribe will have 90 days from the date of the potential applicant’s letter transmitting the
paragraph (c)(4) information to it to provide written comments on the information submitted by a potential applicant under
paragraph (c)(4) of this section.

(© If the written comments provided under paragraph (c)(5) of this section indicate that a resource agency or Indian tribe
has a substantive disagreement with a potential applicant’s conclusions regarding resource impacts or its proposed
protection, mitigation, or enhancement measures, the potential applicant will:

@ Hold a joint meeting with the disagreeing resource agency or Indian tribe and other agencies with similar or related
areas of interest, expertise, or responsibility not later than 60 days from the date of the written comments of the disagreeing
agency or Indian tribe to discuss and to attempt to reach agreement on its plan for environmental protection, mitigation, or

enhancement measures;
(i) Consult with the disagreeing agency or Indian tribe and other agencies with similar or related areas of interest,

expertise, or responsibility on the scheduling of the joint meeting; and

(iii) At least 15 days in advance of the meeting, provide the Commission with written notice of the time and place of the
meeting and a written agenda of the issues to be discussed at the meeting.

(7) The potential applicant and any disagreeing resource agency or Indian tribe may conclude a joint meeting with a
document embodying any agreement among them regarding environmental protection, mitigation, or enhancement measures
and any issues that are unresolved.

(8) The potential applicant must describe all disagreements with a resource agency or Indian tribe on technical or
environmental protection, mitigation, or enhancement measures in its application, including an explanation of the basis for
the applicant’s disagreement with the resource agency or Indian tribe, and must include in its application any document
developed pursuant to paragraph (c)(7) of this section.

(9) A potential applicant may file an application with the Commission if:

@ It has complied with paragraph (c)(4) of this section and no resource agency or Indian tribe has responded with
substantive disagreements by the deadline specified in paragraph (c)(5) of this section; or

(i) It has complied with paragraph (c)(6) of this section and a resource agency or Indian tribe has responded with

substantive disagreements.
(10) The second stage of consultation ends:
(@ Ninety days after the submittal of information pursuant to paragraph (c)(4) of this section in cases where no resource

agency or Indian tribe has responded with substantive disagreements; or

(i) At the conclusion of the last joint meeting held pursuant to paragraph (c)(6) of this section in cases where a resource
agency or Indian tribe has responded with substantive disagreements.

(d) Third stage of consultation. (1) The third stage of consultation is initiated by the filing of an application for a license or
exemption, accompanied by a transmittal letter certifying that at the same time copies of the application are being mailed to
the resource agencies, Indian tribes, and other government offices specified in paragraph (d)(2) of this section.

(2) As soon as an applicant files such application documents with the Commission, or promptly after receipt in the case of
documents described in paragraph (d)(2)(iii) of this section, as the Commission may direct the applicant must serve on every
resource agency and Indian tribe consulted and on other government offices copies of:

@ Its application for a license or an exemption from licensing;

(i) Any deficiency correction, revision, supplement, response to additional information request, or amendment to the

application; and

(ii) Any written correspondence from the Commission requesting the correction of deficiencies or the submittal of
additional information.

(©) Waiver of compliance with consultation requirements. (1) If a resource agency or Indian tribe waives in writing
compliance with any requirement of this section, a potential applicant does not have to comply with that requirement as to
that agency or tribe.

(2) If a resource agency or Indian tribe fails to timely comply with a provision regarding a requirement of this section, a
potential applicant may proceed to the next sequential requirement of this section without waiting for the resource agency or

Indian tribe to comply.

Appendices


1965, the Land and Water Conservation Fund, which is administered by the Bureau of .
Outdoor Recreation, was created to fund states’ development of outdoor recreation facilities.
To be eligible for the funds, states must prepare a State Comprehensive Outdoor Recreation
Plan (SCORP). Additionally, the National Wild and Scenic Rivers Act and the National
Trails System Act were enacted in 1968. The Wild and Scenic Rivers Act allows the
designation of rivers to be preserved for "outstandingly remarkable" natural, cultural, and
historic qualities including recreation. It specifically prohibits FERC from issuing a license
on or directly affecting any river designated as Wild and Scenic.

President Kennedy responded to the growing
demand for recreation by issuing Executive
Order 11017 on April 27, 1962. The Order
established the Recreation Advisory Council to
coordinate outdoor recreation policy and
provide advice to all agency heads. The FPC
acted by issuing a notice of proposed rule-
making in 1962 that culminated with the
issuance of Order 260-A on April 25, 1963.
The Order amended Section 4.41 of the
Commission’s regulations (18 CFR Part 4,
Subpart E, §4.41 - Contents of application) to
require the filing of a recreation resource plan
for all major license applications filed after
June 1, 1963.

Order 313 states the Commission’s intent to include

recreation license articles for licensec’s seeking
Two years later, on December 27, 1965, the substantial amendments, if such articles were not

FPC issued Order No. 313, which added previously included.

Section 2.7 of the General Policy and

Interpretations section of the regulations to ensure that the ultimate development of recreation
resources at all projects is consistent with area recreational needs. It allows the licensee to
include, as a project cost, public recreational facilities developed pursuant to an approved
plan. It expects the licensee to ensure public access, develop suitable public recreation
facilities, and incorporate, by fee acquisition if necessary, sufficient lands within the project
boundaries to ensure optimum development of the recreation resources offered by the
project.?

Further, the Order stated the Commission’s intent was to incorporate license articles that
require a recreation plan, provision of public access, and the installation of recreation

* Section 2.7 was further amended by Order No. 508 on April 30, 1974, to specifically include

“consideration of the needs of physically handicapped" in the design and construction of access to
project recreation facilities.

Chapter 1: Development of Commission Recreation Policy Page 3


CHAPTER 1
Development of Commission Recreation Policy

Recreation resources were not specifically provided for in the Federal Water Power Act
enacted in 1920. In the era after World War I, however, leisure time increased due to
shorter working hours and mass production of automobiles, which stimulated a dramatic
increase in public demand for recreation. The federal government adopted policies to help
accommodate that demand. When the Federal Water Power Act was incorporated into Part I
of the Federal Power Act (FPA) of 1935, it amended Section 10(a) to include recreation as a
beneficial public use. Henceforth, any review of a project for licensing by the Federal
Power Commission (FPC) or the Federal Energy Regulatory Commission (FERC)! needed
to consider the project’s consistency with any comprehensive plans developed by state or
federal agencies for the waterway.

After the Great Depression and World War I,
demand for recreation increased again as a
result of rising national prosperity, better roads
and automobiles, and a decline in the average
labor schedule to a 40 hour/5 day work week.
Between 1952 and 1962, visits to National
Parks increased by 87 percent, visits to federal
recreation areas increased by 238 percent, and
visits to state parks increased by 113 percent.
In 1958, Congress established the Outdoor
Recreation Resources Review Commission
(ORRRC), which was responsible for assessing
the nation’s outdoor recreation needs through
the year 2000. The ORRRC’s 3 year study and
report, "Outdoor Recreation for America,"
generated a number of federal actions directing ded to require that recreation be included as a
national recreation policy. In 1963, the Bureau teneficial public use when evaluating the
of Outdoor Recreation was established within comprehensive development of project water
the Department of Interior to coordinate resources.

national recreation policy and programs.” In

5 Mi i. ile Se ha ae
In 1935, the Federal Water Power Act was

' The Federal Power Commission became the Federal Energy Regulatory Commission in 1977
when the Department of Energy was created.

* The Bureau of Outdoor Recreation was later incorporated into the National Park Service.

Chapter 1: Deveiopment of Commission Recreation Policy Page 2


CHAPTER 5
Questions and Answers

1. There are no articles in my license that address recreation. Does that mean I don’t
have to discuss recreation in my amendment application?

No. Order No. 313 states that the Commission’s intent is to include recreation
license articles in amended licenses when there are affected recreation resources.

2. I received a license 10 years ago. Can I just submit the same recreation exhibits with
my amendment application?

You should update all the information in your recreation exhibits to reflect current
conditions. Demand for recreation is a dynamic process. New trends in recreation,
demographic changes, or shifts in the economy all affect demand.

3. When I received my license several years ago, the project was consistent with all the
comprehensive plans. Can I assume that nothing has changed?

No. You should assume things have changed in 5 years. For example, State
Comprehensive Outdoor Recreation Plans (SCORPs) are updated every 5 years.

4. How do I find out if my recreation plan is consistent with other comprehensive plans?

The Commission keeps a list of accepted comprehensive plans for each state. You
should request a copy of the most recent list from the OHL, Division of Project
Review.

5. I don’t think my proposed amendment would affect recreation. Can the requirement
to file recreation exhibits be waived?

You may request a wavier for submittal of certain exhibits you believe are unaffected
by an amendment. The burden is still on you, however, to provide documentation as
to why you are entitled to the waiver.

Chapter 5: Questions and Answers Page 15


rivers across the country. Recent studies project a 167 percent increase in the number of
trips by the year 2040.

FERC policy relative to recreation also changed during the same period. The 1986 Electric
Consumers Protection Act (ECPA) amended section 4(e) of the FPA to require the
Commission to give "equal consideration" to nondevelopment interests, including the
“protection of recreational opportunities."

Chapter 1: Development of Commission Recreation Policy Page 5


APPENDICES

Appendix A: 18 CFR Section 4.38. Consultation Requirements.
Appendix B: 18 CFR Part 4, Subpart L. Application for Amendment of License.

Appendix C: 18 CFR Section 2.7. Recreational Development at Licensed Projects.

Appendix D: 18 CFR Section 2.19. State and Federal Comprehensive Plans.

Appendix E: Order No. 313

Appendices Page 21


Recreation Development at
Licensed Hydropower Projects

March 1996

Division of Project Compliance and Administration
Office of Hydropower Licensing
Federal Energy Regulatory Commission
Washington, DC 20426



For these types of amendments, the Commission staff determines whether or not recreation
resource agencies must be consulted. Modifications to, or the addition of, project recreation -
facilities not authorized by the original license would require filing an amendment application
and developing or modifying the project recreation plan. In other cases, such as an extension
of time to complete construction of a facility, licensees may not be required to consult with
recreation resource agencies.

Waivers

If an applicant for amendment believes that revision of a recreation exhibit is inappropriate, a
petition for waiver of the requirement to submit such an exhibit may be filed with the
Commission (18 CFR §4.201(d)). Requesting a waiver, however, will still require the
applicant to document reasons why certain exhibits should not be required to be filed.

Chapter 2: License Amendments and Recreation Page 8


The licensee must document consultation and explain how and why the project is consistent
with the comprehensive plans. In nearly all cases, there will be at least one comprehensive -
plan related to recreation that the project will need to review for consistency.

The level of consultation depends on the nature of the amendment being requested. The
Commission’s regulations (18 CFR §4.38) require prefiling consultation with resource
agencies for certain types of project amendments. This consultation is required for the
following four categories:

Oo a capacity-related amendment;

° resulting in an increase in the maximum hydraulic capacity of the
project of 15 percent or more; and

° resulting in an increase in the installed nameplate capacity of 2
megawatts or more.

construction of a new dam or diversion where none currently exists;

any repair, modification, or reconstruction of an existing structure resulting in
a significant change in reservoir elevation; or

Oo the addition of new water power turbines other than replacing existing
turbines.

If a proposed change falls into one of these four categories, the licensee must follow the full
consultation process prescribed in 18 CFR §4.38. Updated recreation exhibits must be
prepared for this consultation.

If the proposed project is a non-capacity related amendment, the proposed change does not
require consultation under 18 CFR §4.38. In these cases, the Commission staff will identify
which resource agencies, if any, should be consulted, and the appropriate exhibits or
revisions or additions to exhibits on file to be included in the amendment application.

Non-capacity related amendments that may require consultation include:

project feature changes (i.e., transmission line);
operational changes (i.e., increase/decrease in capacity);
land status changes; and

compliance filings.

oo000

Chapter 2: License Amendments and Recreation Page 7


1548 FEDERAL POWER COMMISSION 1549

The Commission orders:

(A) Part 2, General Policy and Interpretations, Subchapter A, Chapter I
of Title 18 of the Code of Federal Regulations is amended by adding a new
§ 2.7, entitled “Recreational development at licensed projects,” as follows:
§2.7 Recreational development at licensed projects.

The Commission will evaluate the recreational resources of all projects under
federal license or applications therefor and seek, within its authority, the
ultimate development of these resources, consistent with the needs of the area
to the extent that such development is not inconsistent with the primary
purpose of the project. Reasonable expenditures by a licensee for public
recreational development pursuant to an approved plan, including the pur-
chase of land, will be included as part of the project cost. The Commis-
sion will not object to licensees and operators of recreational facilities within
the boundaries of a project charging reasonable fees to users of such facilities
in order to help defray the cost of constructing, operating, and maintaining
such facilities.

The Commission expects the licensee to assume the following responsibilities:

(a) To acquire in fee and include within the project boundary enough
lang to assure optimum development of the recreational resources afforded
by the project. To the extent consistent with the other objective of the Ul-
cense, such lands to be acquired in fee for recreational purposes shall include
the lands adjacent to the exterior margin of any project reservoir plus all
ether project lands specified In any approved recreational use -plan for the
project.

(b) To develop suitable public recreational facilities upon project lands
aud waters and to make provisions for adequate public access to such project
facilities and waters.

(c) To encourage and cooperate with appropriate local, state, and federal
agencies and other interested entities in the determination of public recrea-
tion needs and to cooperate in the preparation of plans to meet these needs,
iueluding those for sport fishing and hunting.

(ad) To encourege governmental agencies and private interests, such as
operators of user-fee facilities, to assist in carrying out plans for recreation,
including operation and adequate maintenance of recreational areas and
facilities.

(e) To cooperate with local, state, and federal government agencies in
planning, providing. operating. and maintaining facilities for recreational
use of public lands administered by those agencies adjacent to the project area.

‘f) To comply with local and state regulations for health, sanitation, and
public safety. and to cooperate with local law enforcement authoritles in
the development of additional necessary regulations for such purposes. *

(zi To ensure public access and recreational use of project lands and
waters without regard to race, color, sex. religious creed or national origin.

(i} To inform the public of the opportunities for recreation at licensed
projects. as well as of rules governing the accessibility and use of recrea-
tional facilities. wt

(B) Licensees who have not already done so are encouraged to fle com-
prehensive recreational plans for approval and incorporation within their
licenses to the extent necessary and appropriate to provide adequate recrea-
tional facilities, the Commission will approve extensions of the boundaries of
existing projects as part of its approval of any such plan.

(C) The Commission will not grant any authorization for a licensee to
dispose of any interest in project lands. unless a sbowing is made that such



generally explain the potential applicant’s proposal for the site and to obtain the views of the public regarding resource
issues that should be addressed in any application for license or exemption that may be filed by the potential applicant. The
public meeting must include both day and evening sessions, and the potential applicant must make either audio recordings”
or written transcripts of both sessions.

(ii)(A) At least 15 days in advance of the meeting, the potential applicant must provide all affected resource agencies,
Indian tribes, and the Commission with written notice of the time and place of the meeting and a written agenda of the
issues to be discussed at the meeting.

(B) At least 14 days in advance of the meeting, the potential applicant must publish notice, at least once, of the purpose,
location, and timing of the meeting, in a daily or weekly newspaper published in each county in which the proposed project
or any part thereof is situated.

(ii)(A) A potential applicant must make available to the public for inspection and reproduction information comparable to
that specified in paragraph (b)(1) of this section from the date on which the notice required by paragraph (h)(4)(ii) of this
section is first published until the date of the public meeting required by paragraph (h)(4)(j) of this section.

(B) The provisions of § 4.32(b) will govern the form and manner in which the information is to be made available for
public inspection and reproduction.

(C) A potential applicant must make available to the public for inspection at both sessions of the public meeting required
by paragraph (h)(4)(j) of this section at least two copies of the information specified in paragraph (h)(4)(iii)(A) of this
section.

©) A potential applicant must promptly provide copies of the audio recordings or written transcripts of the sessions of
the public meeting to the Commission and, upon request, to any resource agency or Indian tribe consulted.

(iv) Any applicant holding a public meeting pursuant to paragraph (h)(4)(i) of this section must include in its filed
application a description of how the applicant’s proposal addresses the significant resource issues raised during the public

meeting.
(Order 533, 56 FR 23153, May 20, 1991, as amended at 56 FR 61155, Dec. 2, 1991]

Appendices


(3) The failure of a resource agency or Indian tribe to timely comply with a provision regarding a requirement of this
section does not preclude its participation in subsequent stages of the consultation process.

@® Application requirements documenting consultation and any disagreements with resource agencies. An applicant must
show in Exhibit E of its application that it has met the requirements of paragraphs (b) through (d) and paragraphs (g) and (h)

of this section, and must include a summary of the consultation process and:
(1) Any resource agency’s or Indian tribe’s letters containing comments, recommendations, and proposed terms and
conditions;
(2) Any letters from the public containing comments and recommendations;
@3) Notice of any remaining disagreement with a resource agency or Indian tribe on:
() The need for a study or the manner in which a.study should be conducted and the applicant’s reasons for disagreement,

and
(i) Information on any environmental protection, mitigation, or enhancement measure, including the basis for the

applicant's disagreement with the resource agency or Indian tribe;

(4) Evidence of any waivers under paragraph (e) of this section;

(5) Evidence of all attempts to consult with a resource agency or Indian tribe, copies of related documents showing the
attempts, and documents showing the conclusion of the second stage of consultation;

(©) An explanation of how and why the project would, would not, or should not, comply with any relevant comprehensive
plan as defined in § 2.19 of this chapter and a description of
any relevant resource agency or Indian tribe determination regarding the consistency of the project with any such
comprehensive plan; (7)() With regard to certification requirements for a license applicant under section 401(a)(1) of the
Federal Water Pollution Control Act (Clean Water Act):

(A) A copy of the water quality certification;
(B) A copy of the request for certification, including proof of the date on which the certifying agency received the

request; or

(C) Evidence of waiver of water quality certification as described in paragraph (f)\(7)(ii) of this section.

Gi) A certifying agency is deemed to have waived the certification requirements of section 401(a)(1) of the Clean Water
Act if the certifying agency has not denied or granted certification by one year after the date the certifying agency received
a written request for certification. If a certifying agency denies certification, the applicant must file a copy of the denial
within 30 days after the applicant received it.

Gii) Notwithstanding any other provision in title 18, chapter I, subpart B, any application to amend an existing license,
and any amendment to a pending application for a license, requires a new request for water quality certification pursuant to
paragraph (f)(7)() of this section if the amendment would have a material adverse impact on the water quality in the
discharge from the project or proposed project.

(8) A description of how the applicant’s proposal addresses the significant resource issues raised at the joint meeting held
pursuant to paragraph (b)(2) of this section; and

(9) A list containing the name and address of every federal, state, and interstate resource agency and Indian tribe with
which the applicant consulted pursuant to paragraph (a)(1) of this section.

(g) Public participation, (1) At least 14 days in advance of the joint meeting held pursuant to paragraph (b)(2) of this
section, the potential applicant must publish notice, at least once, of the purpose, location, and timing of the joint meeting,
in a daily or weekly newspaper published in each county in which the proposed project or any part thereof is situated. The
notice shall include a summary of the major issues to be discussed at the joint meeting.

(2)@) A potential applicant must make available to the public for inspection and reproduction the information specified in
paragraph (b)(1) of this section from the date on which the notice required by paragraph (g)(1) of this section is first
published until the date of the joint meeting required by paragraph (b)(2) of this section.

Gi) The provisions of § 4.32(b) will govern the form and manner in which the information is to be made available for
public inspection and reproduction.

Gii) A potential applicant must make available to the public for inspection at the joint meeting required by paragraph
(b)(2)_ of this section at least two copies of the information specified in paragraph (b)(1) of this section.

(h) Transition provisions. (1) The provisions of this section are not applicable to applications filed before June 19, 1991.
(2) The provisions of paragraphs (a) and (b) of this section are not applicable to potential applicants that complied with the
provisions of paragraphs (a) and (b)(1) of this section prior to June 19, 1991.

(3) The provisions of paragraph (c) of this section are not applicable to potential applicants that complied with the
provisions of paragraph (b)(2) of this section prior to June 19, 1991. _ (4)(i) Any applicant that files its application on or
after June 19, 1991, and that complied with the provisions of paragraphs (a) and (b)(1) of this section prior to June 19,

1991, must hold a public meeting, within 90 days from June 19, 1991, at or near the site of the proposed project, to

Appendices


facilities for any application for a substantial amendment to a license that does not already
include such articles.

During the 1960’s, the Commission also began to more closely monitor recreation activities
at licensed sites. Order 330, issued December 12, 1966, required licensees to file Form 80
recreation reports for each project development. The Form 80 report is used to collect
recreational data at licensed projects, including data on the number and type of recreation
facilities, facility capacity, the number of annual visits to all recreation areas, and project
costs and revenues associated with all recreation areas.

Public demand for recreation and federal
policies addressing that demand have continued
to evolve since the 1960’s. By the late 1970's,
the ORRRC’s projections for public
participation in recreation for the year 2000
were already exceeded. To reassess the
nation’s recreation needs, President Reagan
established the President’s Commission on
Americans Outdoors by Executive Order 12503
in 1985. After 2 years of work, the
Commission, in its publication, "Americans
Outdoors: The Legacy, the Challenge" reported
that demand for recreation would continue to
increase.

The overall number of trips to federal

Since 1974, licensees have been required to

recreation areas increased, but Americans were
changing how they recreate. Between 1973 and
1988, the amount of time Americans had for

consider the needs of disabled people in the
design and construction of recreation facilities
at hydropower sites.

leisure activities dropped by 38 percent.

Recent census statistics show a rise in dual income families with a decreased amount of
leisure time, and greater disposable incomes. These socioeconomic changes affect recreation
demand as reflected in statistics which show that people take fewer long (2-3 week) vacations
and more short (2-3 day) vacation trips. Land use changes, such as the conversion of
summer recreation areas to year-round residences or the transition of formerly rural, lower
income areas to summer vacation spots or year-round retiree areas can have significant local
impacts on recreation resources.

Changes in technology and sports equipment can also influence recreation demand. The
growth in popularity of whitewater rafting over the last 25 years, for example, is largely due
to the advent of the use of rubber rafts in the 1950’s developed from World War Il Army
surplus materials. In the 1960’s, only two dozen pioneering commercial rafting companies
offered trips on western rivers. Today, nearly 9 million people travel to raft on whitewater

Chapter 1: Development of Commission Recreation Policy Page 4


GLOSSARY

Comprehensive Plan

Capacity-related amendment

Form 80 Recreation Report

Recreation Exhibit

Recreational Use Survey

State or federal report accepted by the Commission
detailing issues and recommendations for developing or
conserving a waterway. Examples include plans for
watershed management; protection of waterfowl and
unique ecosystems; land and water resource management;
and studies of water quality, water quantity, fisheries,
scenic resources, and recreation.

Changes to projects that involve additional capacity not
previously authorized, and that 1) would result in an
increase in the maximum hydraulic capacity of the
project of 15 percent or more; and 2) would result in an
increase in the installed nameplate capacity of 2
megawatts or more.

Commission required recreation reports filed in 6 year
intervals, which are used to collect recreational data at
licensed projects. Data collected include the number and
type of recreation facilities, total miles/acres by resource,
facility capacity, and the number of visits to all
recreation areas.

An individual resource report contained in licensing
documents that must contain a detailed description of
existing recreational facilities within the project vicinity,
and the public recreational facilities which are to be
provided in the future. Licensees must also include
estimates of existing and future recreational use at the
project, in recreation days; a development schedule and
cost estimate for the construction, operation, and
maintenance of existing, initial, and future public
recreational facilities; and drawings clearly showing the
locations of the types and number of existing and
proposed facilities in relation to the project boundaries.

Formal survey that determines level and type of use at
tecreational facilities used to evaluate the adequacy of
existing facilities and/or the need for new or improved
facilities.

Glossary

Page 18


§ 2.19 State and Federal comprehensive plans.

(a) In determining whether the proposed hydroelectric project is best adapted to a comprehensive plan under section
(10)(a)(1) of the Federal Power Act for improving or developing a waterway, the Commission will consider the extent to
which the project is consistent with a comprehensive plan (where one exists) for improving, developing, or conserving a
waterway or waterways affected by the project that is prepared by:

(1) An agency established pursuant to Federal law that has the authority to prepare such a plan, or

(2) A state agency, of the state in which the facility is or will be located, authorized to conduct such planning pursuant to
state law.

(©) The Commission will treat as a state or Federal comprehensive plan a plan that:

(1) Is a comprehensive study of one or more of the beneficial uses of a waterway or waterways;

(2) Includes a description of the standards applied, the data relied upon, and the methodology used in preparing the plan;
and

(3) Is filed with the Secretary of the Commission.

[Order 481-A, 53 FR 15804, May 4, 1988]

Appendices


Appendix E: Order 313

Appendices


(v) Streamflow and water regime information, including drainage area, natural flow periodicity, monthly flow rates and
durations, mean flow figures illustrating the mean daily streamflow curve for each month of the year at the point of
diversion or impoundment, with location of the stream gauging station, the method used to generate the streamflow data ~
provided, and copies of all records used to derive the flow data used in the applicant’s engineering calculations;

(vi(A) A statement (with a copy to the Commission) of whether or not the applicant will seek benefits under section 210
of PURPA by satisfying the requirements for qualifying hydroelectric small power production facilities in § 292.203 of this
chapter;

(B) If benefits under section 210 of PURPA are sought, a statement on whether or not the applicant believes the project is
located at a new dam or diversion (as that term is defined in § 292.202(p) of this chapter) and a request for the agencies’
view on that belief, if any;

(vii) Detailed descriptions of any proposed studies and the proposed methodologies to be employed; and

(viii) Any statement required by § 4.301(a).

(2) No earlier than 30 days, but no later than 60 days, from the date of the potential applicant’s letter transmitting the
information to the agencies and Indian tribes under paragraph (b)(1) of this section, the potential applicant must:

@ Hold a joint meeting at a convenient place and time, including an opportunity for a site visit, with all pertinent agencies
and Indian tribes to explain the applicant’s proposal and its potential environmental impact, to review the information
provided, and to discuss the data to be obtained and studies to be conducted by the potential applicant as part of the
consultation process;

(i) Consult with the resource agencies and Indian tribes on the scheduling and agenda of the joint meeting; and

(iii) No later than 15 days in advance of the joint meeting, provide the Commission with written notice of the time and
place of the meeting and a written agenda of the issues to be discussed at the meeting.

(3) Members of the public must be informed of and invited to attend the joint meeting held pursuant to paragraph (b)(2)(i)
of this section by means of the public notice published in accordance with paragraph (g) of this section. Members of the
public attending the meeting are entitled to participate in the meeting and to express their views regarding resource issues
that should be addressed in any application for license or exemption that may be filed by the potential applicant. Attendance
of the public at any site visit held pursuant to paragraph (b)(2)(i) of this section will be at the discretion of the potential
applicant. The potential applicant must make either audio recordings or written transcripts of the joint meeting, and must
promptly provide copies of these recordings or transcripts to the Commission and, upon request, to any resource agency and
Indian tribe.

(4) Not later than 60 days after the joint meeting held under paragraph (b)(2) of this section (unless extended within this
time period by a resource agency or Indian tribe for an additional 60 days by sending written notice to the applicant and the
Director of OHL within the first 60 day period, with an explanation of the basis for the extension), each interested resource
agency and Indian tribe must provide a potential applicant with written comments:

@ Identifying its determination of necessary studies to be performed or information to be provided by the potential
applicant;

(ii) Identifying the basis for its determination; .

(ii) Discussing its understanding of the resource issues and its goals and objectives for these resources;

(iv) Explaining why each study methodology recommended by it is more appropriate than other available methodology
alternatives, including those identified by the potential applicant pursuant to paragraph (b)(1)(vii) of this section;

(v) Documenting that the use of each study methodology recommended by it is a generally accepted practice; and

(vi) Explaining how the studies and information requested will be useful to the agency or Indian tribe in furthering its
resource goals and objectives that are affected by the proposed project.

(5)() If a potential applicant and a resource agency or Indian tribe disagree as to any matter arising during the first stage
of consultation or as to the need to conduct a study or gather information referenced in paragraph (c)(2) of this section, the
potential applicant or resource agency or Indian tribe may refer the dispute in writing to the Director of the Office of
Hydropower Licensing (Director) for resolution.

(i) At the same time as the request for dispute resolution is submitted to the Director, the entity referring the dispute must
serve a copy of its written request for resolution on the disagreeing party and any affected resource agency or Indian tribe,
which may submit to the Director a written response to the referral within 15 days of the referral’s submittal to the
Director. -

(ii) Written referrals to the Director and written responses thereto pursuant to paragraphs (b)(5)(i) or (b)(5)(ii) of this
section must be filed with the Secretary of the Commission in accordance with the Commission’s Rules of Practice and
Procedure, and must indicate that they are for the attention of the Director pursuant to § 4.38(b)(5).

(iv) The Director will resolve disputes by letter provided to the potential applicant and all affected resource agencies and
Indian tribes.

Appendices


TABLE OF CONTENTS

PURPOSE .. 116 eee eee i
CONTACTS 2.20... 00 eee eee eee ii
INTRODUCTION . 2.1. ee ee ee 1
CHAPTER 1
Development of Commission Recreation Policy ... 2... 1... eee eee eee 2
CHAPTER 2
License Amendments and Recreation .... 2... eee eee 6
CHAPTER 3
Recreation Impacts 2... 2... ee ee eee eee 9
CHAPTER 4
Recreation Exhibits ©... ee eee ee 12
CHAPTER 5
Questions and Answers 2... 1... ee ee eee 15
GLOSSARY 2.0... ee eee eee 18
LITERATURE CITED .......... 0... cee ees 20
APPENDICES ... 2... ee ee eee 21

Table of Contents Page iii


1550 FEDERAL POWER COMMISSION 34 FPC

disposal {s not inconsistent with any approved recreational plan or in the
absence of such a plan, that the lands do not have recreational value. Pend-
ing a determination by the Commission that such lands are not needed for
public recreational purposes, all project lands, buildings, or other property
will be considered to be required to achieve the purposes of the License within
the meaning of any article in the license relating to the leasing of such lands,
buildings, or other property. The licensee, in the absence of specific Com-
mission exemption from these requirements, shall include in the instrument
of conveyance a covenant running with the land adequate to insure that,
unless the Commission subsequently authorizes a different use as consistent
with a comprehensive plan for improving or developing the waterway, the
use of the lands conveyed will not endanger health, create a nuisance, or
otherwise be incompatible with over-all project recreational use.

(D) The amendments prescribed herein will be effective upon the Issuance
of this order.

Before Commissioners: Joseph ©. Swidler, Chairman; Charles R. Ross,
David §. Black and Carl EB. Bagge.


impact on the quality of fishing in the tailrace and opportunities for boating. Changes in
downstream flow may affect public safety related to ramping and user access points.

Land Status Changes

Changes in the status of project lands may be requested for altered usage of lands of the
United States, changes in land rights, non-project use of project lands, or changes in the
recreational usage. These changes may affect recreation at the project by altering the amount
and type of land available for use. Facilities currently under control of the licensee and
designated for recreation use may no longer be available. Any changes proposed for existing
or planned recreation lands must be evaluated and filed with an updated recreation plan.

Compliance Filings

Project licenses issued by the Commission require a licensee to adhere to requirements that
may gover project operation, require monitoring studies, or address a variety of issues
related to environmental effects and engineering. These requirements may include water
quality monitoring, fish and wildlife studies, recreational plans, soil erosion control, and
maintenance of minimum flows.

License articles may require the licensee to file study results, mitigation plans, study plans,
or schedules with the Commission. Such filings are termed compliance filings. The
Commission determines if the filing complies with the article requirements and presents its
findings in a letter or order. For example, a compliance filing is required when a license
article specifies the preparation of a recreation plan. The licensee would need to develop a
plan to ensure that the project adequately provides for the recreation needs of the area. The
Commission would review the recreation plan to assess its acceptability and present its
findings in a letter or order. When the Commission requires that compliance filings be
submitted for its "approval," the approval is obtained in the form of an order.

You may be considering modifications other than those mentioned above. If so, the
Commission staff can advise you if an amendment application needs to be filed and if
updated recreation exhibits need to be included in the application.

Chapter 3: Recreation Impacts Page 11


A good recreation plan includes:

RAQUETTE RIVER
1) A complete inventory of all land and recreation SOM RENAE ERY Ronee sence
resources within the project boundaries.

2) A thorough and open planning process that
involves all recreation user groups in the development of
the plan. This includes publicly advertised meetings,
involvement of public officials, and public review of draft
elements of the plan. Public participation can help
identify desirable goals and prepare for future demands.
The open process also has the advantage of identifying
conflicting uses and controversial issues, thus allowing the
licensee an opportunity to adjust plans at an early stage
when such changes are less costly.

NIAGARA MOHAWK FOWEE CORPORATION

Recreation plans can help licensees
provide for the changing needs of
users in the project area.

3) A well documented user survey is an essential part
of a good recreation plan. Existing use can be
documented by systematically recording use at project
recreation facilities. For example, surveyors may count
the number of boats launched daily from a boat ramp or the number of picnic tables
occupied. Counting the number of cars parked at a trailhead will provide an indication of
the trail’s level of use. This will help licensees determine whether the facilities are over or
under used, thus providing a tool to help determine if existing facilities are meeting
recreation demands and if expansion of the facilities are warranted. Surveys should cover
every type of recreation activity for which the project’s facilities are used. These indirect
surveys should be done frequently enough to provide a full profile of use by weekday,
weekend, month, and season.

The FERC Form 80 recreation report provides a good list of the types of potential
recreation activities to be monitored at a project. The standard measure of use required for
Form 80 recreation reports is a recreation day. A recreation day is each visit by a person to
a project development for recreational purposes during any portion of a 24-hour period.
Another standard is a recreational visitor day. A recreational visitor day is defined as twelve
hours of recreation use by one or more persons. For example, a person who fishes from 8
am to 8 pm would constitute one recreational visitor day. If he or she were joined in a boat

by three other people and the group fished together for three hours, that also is counted as
one recreational visitor day.

Additional information can be gathered by direct interviews or mail-in questionnaires.
Questionnaires can be designed to solicit visitors’ thoughts on the quality of facilities, to
provide a demographic profile of your users, to determine if other types of facilities are
desired or necessary, or for a variety of other purposes where the user’s input would be

Chapter 4: Recreation Exhibits Page 13


CONTACTS

Copies of this guide are available from the Commission.
Information about purchasing this guide or other Commission
reports may be obtained by calling the Commission’s Public
Reference and Files Maintenance Branch at (202) 208-1371 or
by writing to the Commission, Public Reference and Files
Maintenance Branch, Room 2A, 888 First Street, NE.,
Washington, DC 20426.

The following publications also may be of interest:

Code of Federal Regulations, Title 18, Parts 1 to 149 and Parts
280 to 399, U.S. Government Printing Office, Washington, DC

Hydroelectric Project Licensing Handbook
Hydroelectric Project Relicensing Handbook

Engineering Guidelines for the Evaluation of Hydropower
Projects

Public Safety at Hydropower Projects
Manual of Standard Special Articles

Contact Us First - Division of Project Compliance and
Administration
Guide to the Hydroelectric License and Exemption Amendment

Process

Direct questions and comments about the content of this guide to
the Division of Project Compliance and Administration at (202)
219-2750.

Contacts

Page ii


Appendix D: 18 CFR Section 2.19. State and Federal Comprehensive Plans.

Appendices


Appendix A: 18 CFR Section 4.38. Consultation Requirements.

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Appendices


PURPOSE

This guide describes a licensee’s responsibilities under the
Federal Power Act (FPA) to provide recreation opportunities at
hydroelectric projects under the Federal Energy Regulatory
Commission’s jurisdiction. It provides direction for updating
recreation plans in conjunction with amendments to licenses and
gives information about comprehensive recreation plans and
recreation policies in the United States. Licensees can use this
knowledge to more effectively meet the broader policy goals of
the FPA as they relate to recreation.

While this guide will help you understand recreation policy and
the amendment process, it is not a substitute for the
Commission’s regulations or specific conditions contained in
project licenses. The amendment process is more fully
described in the Commission’s publication "Guide to the
Hydroelectric License and Amendment Process." Before
contacting the Commission or submitting an amendment
application, licensees should review the Commission’s
regulations in Title 18, Part 4, Subpart L, of the Code of
Federal Regulations.

Purpose

Page i


Subpart L-Application for Amendment of License

§ 4.200 Applicability.

This part applies to any application for amendment of a license, if the applicant seeks to:

(a) Make a change in the physical features of the project or its boundary, or make an addition, betterment, abandonment, or
conversion, of such character as to constitute an alteration of the license;

(b) Make a change in the plans for the project under license; or

(c) Extend the time fixed on the license for commencement or completion of project works.

[Order 184, 46 FR 55943, Nov. 13, 1981]

§ 4.201 Contents of application.

An application for amendment of a license for a water power project must contain the following information in the form
specified. (a) Initial statement.

BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
Application for Amendment of License

(1) [Name of applicant] applies to the Federal Energy Regulatory Commission for an amendment of license for the [name of
project] water power project.

(2) The exact name, business address, and telephone number of the applicant are:

(3) The applicant is a [citizen of the United States, association of citizens of the United States, domestic corporation,
municipality, or state, as appropriate, see 16 U.S.C. 796], licensee for the water power project, designated as Project No. —
- in the records of the Federal Energy Regulatory Commission, issued on the — day of —, 19-.

(4) The amendments of license proposed and the reason(s) why the proposed changes are necessary, are: [Give a statement
or description}

(5)(i) The statutory or regulatory requirements of the state(s) in which the project would be located that affect the project as
proposed with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes are:
{provide citation and brief identification of the nature of each requirement.}

(i) The steps which the applicant has taken or plans to take to comply with each of the laws cited above are: [provide brief
description for each law.]

(b) Required exhibits for capacity related amendments. Any application to amend a license for a hydropower project that
involves additional capacity not previously authorized, and that would increase the actual or proposed total installed capacity
of the project, would result in an increase in the maximum hydraulic capacity of the project of 15 percent or more, and
would result in an increase in the installed name-plate capacity of 2 megawatts or more, must contain the following exhibits,
or revisions or additions to any exhibits on file, commensurate with the scope of the licensed project:

(1) For amendment of a license for a water power project that, at the time the application is filed, is not constructed and is
proposed to have a total installed generating capacity of more than 5 MW-Exhibits A, B, C, D, E, F, and G under § 4.41 of
this chapter;

(2) For amendment of a license for a water power project that, at the time the application is filed, is not constructed and is
proposed to have a total installed generating capacity of 1.5 MW or less-Exhibits E, F, and G under § 4.61 of this chapter;
(3) For amendment of a license for a water power project that, at the time the application is filed, is not constructed and is
proposed to have a total installed generating capacity of 5 MW or less, but more than 1.5 MW-Exhibits F and G under §
4.61 of this chapter, and Exhibit E under § 4.41 of this chapter; (4) For amendment of a license for a water power project
that, at the time the application for amendment is filed, has been constructed, and is proposed to have a total installed
generating capacity of 5 MW or less-Exhibit E, F and G under § 4.61 of this chapter;

Appendices


1548 FEDERAL POWER COMDOSSION 34 FPG

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 o¢
those resources in accordance with area needs, to the extent that such develop.
ment is not inconsistent with the primary purpose of the project. All licen.
sees will therefore be encouraged to submit for Commission approval ang
incorporation into their licenses an appropriate recreational plan. In assum.
ing this responsibility the licensee should consider each project on the basis
of its phrsical and economic characteristics, its operational plan, and area
needs for outdoor recreation. As an aid to both licensees and the Commission
in this endeavor we are proposing to initiate a nationwide inventory of the
recreational potential of all Commission licensees for which an appropriate
recreational use plan bad not been approved within the last five years.

When formulating plans for project recreational facilities, applicants ang
licensees are encouraged to consult and coordinate such planning with
local, state and federal agencies concerned with outdoor recreation, a3 well
as with professional recreational facilities designers and landscape architects.
Pursuant to The Land and Water Conservation Act of 1965 (P.L. 88-578, 78
Stat. $97, 16 U.S.C. 46014), public funds may be made available by the Sec.
retary of the Interior for both state and federal acquisition and for state
development of recreational areas under appropriate circumstances. Coopera-
tiou with the Bureau of Outdoor Recreation of the Department of the In-
terior as well as with interested state agencies could result in state or fed-
eral developments adjacent to licensed projects reservoirs, thereby supple
menting and enhancing project facilities.

The Commission recognizes that a licensee will incur costs in providing
recreational facilities, and. therefore, will allow appropriate and reasonable
expenditures for recreational facilities, including the purchase of additional
land. to be included as part of the project cost. The Commission also
recognizes that certain annual costs will be incurred by a licensee in the
operation and maintenance of recreational facilities. Accordingly, the Com-
mission will nor object to the imposition by a licensee of reasonable user
fees in order to help defray these costs.

In making project lands, waters, and facilities available for public recrea-
tion. licensee should. of course. comply with local and state regulations and
also formulate such rules of use as may be appropriate to insure public
safety.

Concurrently with the issuance of this order we are issuing a report en-
titled “Criteria and Standards for Outdoor Recreation Development at Hydro
electric Projects.” The report consists of a selected compilation of criteria
and standards utilized by federal and state agencies concerned with outdoor
recreation development ‘hich are adaptable to hydroelectric projects, We
are making it public in the hope that it will be of value to Licensees, ap
plicants for license. and recreational planners. in formulating plans for the
development of recreational facilities at hydroelectric projects.

The Commission finds: 7

(1). The notice and effective date provisions of section 4 of the Admin-
istrative Procedure Act do not apply with respect to the amendment here
adopted. :

(2) It ts appropriate and In the public interest in administering Part I of
the Federal Power Act to promulgate Commission policy on recreational de
velopment at licensed projects.



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(v) If a potential applicant does not refer a dispute regarding a request for information (other than a dispute regarding the
information specified in paragraph (b)(1) of this section) or a study to the Director under paragraph (b)(5)(i) of this section, —
or if a potential applicant disagrees with the Director’s resolution of a dispute regarding a request for information (other
than a dispute regarding the information specified in paragraph (b)(1) of this section) or a study, and if the potential
applicant does not provide the requested information or conduct the requested study, the potential applicant must fully
explain the basis for its disagreement in its application.

(vi) Filing and acceptance of an application will not be delayed, and an application will not be considered deficient or
patently deficient pursuant to §§ 4.32 (e)(1) or (e)(2), merely because the application does not include a particular study or
particular information if the Director had previously found, under paragraph (b)(5)(iv) of this section, that such study or
information is unreasonable or unnecessary for an informed decision by the Commission on the merits of the application or
use of the study methodology requested is not a generally accepted practice. (6) The first stage of consultation ends when
all participating agencies and Indian tribes provide the written comments required under paragraph (b)(4) of this section or
60 days after the joint meeting held under paragraph (b)(2) of this section, whichever occurs first, unless a resource agency

or Indian tribe timely notifies the applicant and the Director of OHL of its need for more time to provide written comments
under paragraph (b)(4) of this section, in which case the first stage of consultation ends when all the participating agencies
and Indian tribes provide the written comments required under paragraph (b)(4) of this section or 120 days after the joint
meeting held under paragraph (b)(2) of this section, whichever occurs first.

(©) Second stage of consultation. (1) Unless determined to be unnecessary by the Director pursuant to paragraph (b)(5) of
this section, a potential applicant must diligently conduct all reasonable studies and obtain all reasonable information
requested by resource agencies and Indian tribes under paragraph (b) of this section that are necessary for the Commission
to make an informed decision regarding the merits of the application. These studies must be completed and the information

obtained:
@ Prior to filing the application, if the results:
(A) Would influence the financial (e.g., instream flow study) or technical feasibility of the project (e.g., study of potential
mass soil movement); or
() Are needed to determine the design or location of project features, reasonable alternatives to the project, the impact of

the project on important natural or cultural resources (e.g., resource surveys), or suitable mitigation or enhancement
measures, or to minimize impact on significant resources (e.g., wild and scenic river, anadromous fish, endangered species,
caribou migration routes);

Gi) After filing the application but before issuance of a license or exemption, if the applicant otherwise complied with the
provisions of paragraph (b)(1) of this section and the study or information gathering would take longer to conduct and
evaluate than the time between the conclusion of the first stage of consultation and the expiration of the applicant’s
preliminary permit or the application filing deadline set by the Commission;

(ii) After a new license or exemption is issued, if the studies can be conducted or the information obtained only after
construction or operation of proposed facilities, would determine the success of protection, mitigation, or enhancement
measures (e.g., post-construction monitoring studies), or would be used to refine project operation or modify project
facilities.

(2) If, after the end of the first stage of consultation as defined in paragraph (b)(6) of this section, a resource agency or
Indian tribe requests that the potential applicant conduct a study or gather information not previously identified and specifies
the basis and reasoning for its request, under paragraphs (b)(4) (i)-(vi) of this section, the potential applicant must promptly
initiate the study or gather the information, unless the study or information is unreasonable or unnecessary for an informed

decision by the Commission on the merits of the application or use of the methodology requested by a resource agency or
Indian tribe for conducting the study is not a generally accepted practice. The applicant may refer any such request to the
Director of the Office of Hydropower Licensing for dispute resolution under the procedures set forth in paragraph (b)(5) of
this section and need not conduct prior to filing any study determined by the Director to be unreasonable or unnecessary or
to employ a methodology that is not generally accepted.

(3)G@) The results of studies and information-gathering referenced in paragraphs (c)(1)(ii) and (c)(2) of this section will be
treated as additional information; and

Gi) Filing and acceptance of an application will not be delayed and an application will not be considered deficient or
patently deficient pursuant to § 4.32 (e)(1) or (e)(2) merely because the study or information gathering is not complete
before the application is filed.

(4) A potential applicant must provide each resource agency and Indian tribe with:

@ A copy of its draft application that:

(A) Indicates the type of application the potential applicant expects to file with the Commission; and

Appendices


CHAPTER 3
Recreation Impacts

This chapter describes the potential impacts of a proposed amendment from a recreation
perspective. Although it provides examples of how a proposed modification may affect
recreation, it is not a comprehensive list of all potential impacts. FERC staff expect
applicants to consider each proposed amendment on a case-by-case basis.

Project modifications may affect either the supply or the quality of recreation resources.
Following are some examples, based on the types of amendments discussed in Chapter 2, of
how a project modification may affect recreation.

New Dam Construction

New dams are likely to have a significant impact on recreation. They may create a new
reservoir that could increase opportunities for warmwater fishing and flatwater boating. At
the same time, they may decrease the amount of coldwater fishing or scenic viewing
locations by inundating riffle and pool complexes attractive to trout or eliminating the
soothing sound of water that makes an area attractive for picnicking. Resources may be
eliminated entirely or the quality may be greatly altered.

Modification to Increase Storage Elevation of an Existing Dam

If there is no shoreline development, a large increase in elevation may have no significant
recreation impact. If there are seasonal camps, public beaches, and shoreside camping,
however, an increase of even 1 foot may be significant. Beaches, for example, are typically
very gently sloped, and a 1 foot increase may inundate a substantial portion of currently
useable beach area, which would decrease available recreation area. Conversely, an increase
in water depth and increase in the reservoir surface area may make the reservoir more
attractive to power boating and related recreation activities, such as water skiing. The
increased elevation may increase water depth to make a once unboatable reservoir now
boatable, improve the quality of boating, and create more supply. The change may induce
more recreational boating use of the reservoir, which could require the licensee to build a
new boat ramp.

Addition/Removal of a New Turbine -
Adding or removing a turbine to best accommodate the available range of flows at a project

site may affect recreation resources. Whitewater opportunities at projects with boatable
downstream reaches can be affected by the alteration of natural spillage flows if a new

Chapter 3: Recreation Impacts Page 9


CHAPTER 4
Recreation Exhibits

As part of a license application, 18 CFR §4.41 (f)(7) of the Commission’s regulations require
the preparation of a report containing a proposed recreation plan describing the utilization,
design, and development of project recreational facilities and public access areas. These
recreation exhibits must contain a detailed description of existing recreational facilities within
the project vicinity, and the public recreational facilities that are to be provided in the future.
Licensees must also include estimates of existing and future recreational use at the project, in
daytime and overnight visitation (recreation days); a development schedule and cost estimate
for the construction, operation, and maintenance of existing, initial, and future public
recreational facilities; and drawings clearly showing the locations of the types and number of
existing and proposed facilities in relation to the project boundaries.

Updating recreation exhibits for a proposed project amendment requires consideration of
existing resources, demand for new or improved facilities, and the effects that any
modifications may have on the area and recreational opportunities offered. In Chapter 3, we
presented examples of how proposed amendments may affect the supply and quality of
recreation resources. The licensee also must consider the influences of demand for
recreation. Although evaluating the project impact relative to demand can be difficult, it is
necessary if the project is to make the optimum use of recreation resources.

In some cases, the attractiveness of the project facilities themselves may influence greater
demand. For example, licensed hydropower facilities have contributed directly to the growth
in popularity of some boating activities. Scheduled releases in warm weather combine good,
predictable water levels with comfortable weather conditions.

Preparing Good Recreation Exhibits

The best way to fully evaluate a project’s recreation resources is to develop a comprehensive
plan. A good recreation plan specifically considers the supply and quality of the project’s
present recreation resources, and then projects how that supply may be affected over the
project license.

Licensees who have developed comprehensive recreation plans that document existing and
planned facilities, provide for recreational use monitoring, and contain other important
recreation planning information have found them enormously beneficial. Thorough and
complete recreation planning can save significant amounts of money over the long term by
providing a tool to effectively deal with different requests for recreation facilities from a
broad range of users.

Chapter 4: Recreation Exhibits Page 12