165 FERC ¶ 61,256

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Parts 8 and 141

[Docket No. RM18-14-000; Order No. 852]

Elimination of Form 80 and Revision of Regulations on Recreational Opportunities and 

Development at Licensed Hydropower Projects

(Issued December 20, 2018)

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final Rule.

SUMMARY: The Federal Energy Regulatory Commission (Commission) issues this 

Final Rule to amend its regulations to eliminate the Licensed Hydropower Development 

Recreation Report, designated as FERC Form No. 80 (Form 80). Form 80 solicits 

information on the use and development of recreation facilities at hydropower projects 

licensed by the Commission under the Federal Power Act. In addition, the Commission 

is revising its regulations on recreational use and development at licensed hydropower 

projects in order to modernize licensee public notice practices, clarify recreational 

signage requirements, and provide flexibility to assist licensees’ compliance with these 

requirements. 

EFFECTIVE DATE: This rule will become effective [INSERT DATE (90) days after 

date of publication in the FEDERAL REGISTER].
Docket No. RM18-14-000 ii

FOR FURTHER INFORMATION CONTACT:

Jon Cofrancesco (Technical Information) 

Office of Energy Projects

Federal Energy Regulatory Commission

888 First Street NE 

Washington, DC 20426

(202) 502-8951

jon.cofrancesco@ferc.gov

Tara DiJohn (Legal Information) 

Office of the General Counsel

Federal Energy Regulatory Commission

888 First Street NE 

Washington, DC 20426

(202) 502-8671

tara.dijohn@ferc.gov

SUPPLEMENTARY INFORMATION:
165 FERC ¶ 61,256

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Elimination of Form 80 and Revision of Regulations on

Recreational Opportunities and Development at 

Licensed Hydropower Projects

Docket No. RM18-14-000

ORDER NO. 852

FINAL RULE

(Issued December 20, 2018)

TABLE OF CONTENTS

Paragraph Numbers

I. Background ..................................................................................................................... 2.

II. Notice of Proposed Rulemaking.................................................................................... 5.

III. Discussion..................................................................................................................... 6.

A. Removal of § 8.11 – Information Respecting Use and Development of Public 

Recreational Opportunities............................................................................................. 6.

1. Licensees’ General Recreation Obligations .......................................................... 9.

2. Recreational Use Monitoring............................................................................... 14.

3. Mandatory Conditioning Authority..................................................................... 22.

4. Recreation Costs, Revenues, and User Fees........................................................ 28.

5. Commission Determination................................................................................. 30.

B. Removal of § 141.14 – Form No. 80, Licensed Hydropower Development 

Recreation Report......................................................................................................... 31.

C. Amendments of 18 C.F.R. 8.1 and 8.2.................................................................... 33.

1. Section 8.1 – Publication of License Conditions Relating to Recreation ........... 34.

2. Section 8.2 – Posting of Project Lands as to Recreation Use and Availability of 

Information .............................................................................................................. 43.

IV. Regulatory Requirements........................................................................................... 48.

A. Information Collection Statement........................................................................... 48.

B. Environmental Analysis.......................................................................................... 63.

C. Regulatory Flexibility Act....................................................................................... 64.

D. Document Availability ............................................................................................ 69.

E. Effective Date and Congressional Notification....................................................... 72.
165 FERC ¶ 61,256

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Elimination of Form 80 and Revision of Regulations on

Recreational Opportunities and Development at 

Licensed Hydropower Projects

Docket No. RM18-14-000

ORDER NO. 852

FINAL RULE

(Issued December 20, 2018)

1. The Federal Energy Regulatory Commission (Commission) is amending its 

regulations to remove § 8.11, thereby eliminating the requirement for licensees to file a 

Licensed Hydropower Development Recreation Report, designated as FERC Form 

No. 80 (Form 80). Form 80 solicits information on the use and development of 

recreation facilities at hydropower projects licensed by the Commission under the Federal 

Power Act (FPA). In addition, the Final Rule revises §§ 8.1 and 8.2 of the Commission’s 

regulations to modernize licensee public notice practices, clarify recreational signage 

requirements, and provide flexibility to assist licensees’ compliance with these 

requirements. 

I. Background

2. Section 10(a)(1) of the FPA requires the Commission to ensure that any licensed 

project is best adapted to a comprehensive plan for improving and developing a 
Docket No. RM18-14-000 2

waterway for a variety of beneficial public uses, including recreational use.1

 Although 

§ 10(a) of the Federal Water Power Act of June 10, 19202 did not refer specifically to 

recreation, in 1935 when the Federal Water Power Act was re-enacted as Part I of 

the Federal Power Act,

3 the words ‘including recreational purposes’ were added to 

§ 10(a) to make clear that recreation considerations were to be included in the 

comprehensive development of the nation’s water resources. Pursuant to this obligation, 

the Commission required licensees to allow public access to project lands and waters for 

recreational use and began to include standard conditions in licenses for the provision of 

recreational facilities. 

3. In the 1960s, the Commission developed specific policies and practices to ensure 

that licensees provided reasonable recreational opportunities and notice of such 

opportunities to the public. In 1963, the Commission began requiring recreation plans for 

the public utilization of project water and land,

4 and in 1965 amended its regulations by 

adding Part 8, entitled “Recreation Opportunities and Development at Licensed Projects,” 

in order to require licensees to widely publicize to the general public recreational 

 1 See 16 U.S.C. 803(a)(1) (2012).

2 41 Stat. 1063.

3 49 Stat. 838, 16 U.S.C. 791a–825r.

4 Exhibit R, 18 CFR 4.41 (2018), License Applications – Revision of Regulations, 

Order 260-A, 29 FPC 777 (1963).
Docket No. RM18-14-000 3

opportunities at individual projects.

5

 Order 313, issued on December 27, 1965, amended 

the Commission’s general policy regulations (18 C.F.R. Part 2) by adding § 2.7 to clarify 

that licensees whose projects include land and water resources with outdoor recreational 

potential have a responsibility to develop those resources in accordance with area needs, 

to the extent that such development is not inconsistent with the primary purpose of the 

project.6

 In 1966, the Commission further amended Part 8 of its regulations to require 

licensees to file Form 80, a report that provides an inventory of the use and development 

of recreational facilities at each development contained within a licensed project.7

 

4. Over the years, the Commission has continued to revise its regulations to reflect 

the Commission’s current public recreation policies and practices. And once again, the 

Commission has decided to modify certain recreation-related regulations in order to 

eliminate unnecessary reporting requirements, modernize licensee public notice practices, 

 5 Publicizing License Conditions Relating to Recreational Opportunities at 

Hydroelectric Projects, Order No. 299, 33 FPC 1131 (1965) (Order 299). Section 1 

of Part 8 requires licensees to publicize license conditions related to recreation; § 2 

requires licensees to post, at points of public access, signs providing recreation use

information and requires licensees to make such information available for inspection; and 

§ 3 requires licensees to permit use without discrimination. 18 CFR 8.1 – 8.3 (2018). 

6 Recreational Development at Licensed Projects, Order No. 313, 34 FPC 1546, 

1548 (1965) (Order 313). 

7 Inventory of Recreation Facilities at Licensed Hydroelectric Projects, 

Order No. 330, 36 FPC 1030 (1966) (Order 330). Section 8.11 requires the filing 

of information on the use and development of public recreation opportunities. 

18 CFR 8.11 (2018).
Docket No. RM18-14-000 4

clarify recreational signage requirements, and provide flexibility to assist licensees’

compliance with these requirements. 

II. Notice of Proposed Rulemaking

5. On May 17, 2018, the Commission issued a Notice of Proposed Rulemaking 

(NOPR) proposing to eliminate the Form 80, and further revise its regulations governing 

recreational use and development at licensed hydropower projects.

8

 In response to the 

NOPR, the Commission received 14 comments from the following entities: eight 

licensees, two federal land management agencies, two local governments, and two trade 

associations.

9

 The proposal set forth in the NOPR, the comments received, and the 

Commission’s determinations are discussed below. 

III. Discussion

A. Removal of § 8.11 – Information Respecting Use and Development of 

Public Recreational Opportunities

6. Section 8.11 requires licensees to file Form 80, which is a report on the use and 

development of recreational facilities at each development contained within a licensed 

 8 Elimination of Form 80 and Revision of Regulations on Recreational 

Opportunities and Development at Licensed Hydropower Projects, FERC Stats. & Regs. 

¶ 32,726 (2018) (NOPR). 

9 The eight licensees include: Duke Energy; Public Utility District No. 2 of Grant 

County, Washington; Idaho Power Company; Pacific Gas and Electric Company; 

PacifiCorp; KEI (USA) Power Management, Inc.; Public Utility District No. 1 of Chelan 

County, Washington; and Alabama Power. Comments were also filed by the National 

Park Service (Park Service); the U.S. Forest Service (Forest Service); Roanoke County, 

Virginia; the Town of Vinton, Virginia; Alaska Power Association; and the National 

Hydropower Association (NHA). 
Docket No. RM18-14-000 5

hydropower project, on April 1 of every sixth year, documenting data compiled during 

the previous calendar year.

10 For each project development,11 the Form 80 requires 

licensees to report the number of visits (i.e., recreation days),12 the use capacity of each 

type of public recreation facility, and the licensee’s annual costs and revenues associated 

with the public recreation facilities within the project boundary. In order to complete the 

Form 80, licensees must collect data on recreation use, facilities, and capacity for a 

12-month period. Licensees may request an exemption from the Form 80 requirement if 

they demonstrate that a project development has little or no existing use or recreation 

potential (i.e., less than 100 recreation days per year).13

 10 Modification of Hydropower Procedural Regulations, Including the Deletion of 

Certain Outdated or Non-Essential Regulations, Order No. 540, FERC Stats. & Regs. 

¶ 30,944 (1992) (cross-referenced at 59 FERC ¶ 61,124). Order 330 originally required 

licensees to file a Form 80 every 

two years. Order 330, 36 FPC 1030, 1031. The Commission subsequently amended 

§ 8.11 to revise the form and reduce the filing frequency. See Revision of Licensed 

Hydropower Development Recreation Report: FERC Form No. 80, Order No. 179, 

FERC Stats. & Regs. ¶ 30,295 (1981) (cross-referenced at 16 FERC ¶ 61,248 

(consolidating, simplifying, and reducing the size of the Form 80 by approximately 

60 percent); Deletion of a 1987 Filing Requirement for FERC Form No. 80, Order 

No. 419, FERC Stats. & Regs. ¶ 30,640 (1985) (cross-referenced at 31 FERC ¶ 61,154)

(committing to re-evaluate the need for Form 80, and take further action if Form 80 is 

found unnecessary or in need of modification). 

11 Most licensed projects have only one project development. However, licensees 

of projects with more than one development must file a separate Form 80 report for each 

development. 

12 The Form 80 defines a recreation day as each visit by a person to a development 

for recreational purposes during any portion of a 24-hour period. 

13 18 CFR 8.11(c) (2018). 
Docket No. RM18-14-000 6

7. In the NOPR, the Commission proposed to remove § 8.11 from its regulations, 

thereby eliminating the requirement for licensees to file the Form 80. The Commission 

advanced several reasons for eliminating Form 80.14 First, unlike in 1965 when Form 80 

was adopted, licensed projects with significant recreation opportunities are often now 

required to comply with project-specific license conditions that direct licensees to prepare 

and implement a recreation plan, conduct recreation monitoring, and file periodic updates 

to an approved recreation plan.

15 Second, for licensed projects with limited recreation 

opportunities – many of which are exempt from filing Form 80 – Commission staff relies 

on a variety of tools other than the Form 80 to determine whether the projects are meeting 

public recreation needs, including periodic inspections and investigation of noncompliance allegations (e.g., any recreation-related inquiries or complaints submitted by 

resource agencies, recreation users, or local residents). Third, Commission staff reports 

limited use of Form 80 data and cites concerns about the data’s validity and lack of 

specificity. Finally, advances in technology since the advent of the Form 80 

(e.g., websites, publicly-available aerial photography, and the Commission’s eLibrary 

system) allow interested parties and the general public to easily access information about 

a project’s recreational opportunities and any recreation-related license requirements. 

 14 NOPR, FERC Stats. & Regs. ¶ 32,726 at PP 5-8. 

15 In addition, between fiscal years 2016 and 2030, over 500 projects will 

begin the relicensing process. During relicensing, the Commission’s Division of 

Hydropower Licensing will evaluate the need for, and may require, project-specific 

recreation monitoring in new licenses on a case-by-case basis.
Docket No. RM18-14-000 7

8. All eight licensees that commented on the NOPR support the Commission’s 

proposal to eliminate the Form 80 reporting requirement. Alaska Power Association and 

NHA also filed comments in support of the NOPR’s proposal to eliminate the Form 80. 

The Park Service conditionally supports the Commission’s proposal, provided that the 

Commission strengthens its oversight of licensees’ recreation-related planning, 

monitoring, and information dissemination.

1. Licensees’ General Recreation Obligations 

NOPR Comments

9. In response to the NOPR’s proposal to eliminate Form 80, the Park Service

commented that additional guidance, training, and technical assistance is needed to 

ensure new and existing recreation management plans satisfy the general obligations set 

forth in § 2.7 of the Commission’s regulations. The Park Service recommends that the 

Commission: (i) conduct a comprehensive evaluation of its recreation planning and 

monitoring programs for licensing and post-licensing compliance; (ii) develop guidance 

and offer training and technical assistance for recreation management planning and 

monitoring;16 and (iii) establish a public process for periodic review of recreation 

facilities, conditions, needs, and recreation flows. 

 16 The Park Service recommends that the Commission consider incorporating the 

basic planning and monitoring framework developed by the Interagency Visitor Use 

Management Council – a collaboration between six federal agencies (the Bureau of Land 

Management, Forest Service, National Oceanic and Atmospheric Administration, the 

Park Service, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service). The 

Interagency Council’s Visitor Use Management Framework describes a process for 

managing visitor use on federally-managed lands and waters, and can be accessed at 
Docket No. RM18-14-000 8

Commission Response 

10. Pursuant to its obligations under the FPA and the Commission’s regulations, 

Commission staff evaluates the existing recreation resources, facilities, and needs at each 

existing or proposed hydropower project on a case-by-case basis during the licensing 

process and, as appropriate, also during the amendment process. Similarly, as 

appropriate, Commission staff continues to evaluate a project’s recreational resources, 

facilities, and needs over the term of a license by considering license-required recreation

plan updates and monitoring reports, conducting periodic project inspections, and 

addressing allegations of non-compliance. 

11. Commission staff frequently provides guidance to licensees on a range of 

recreation management planning and monitoring matters. Staff regularly participates in 

recreation and land use management trainings, workshops, and conferences. Staff also 

strives to provide timely and constructive advice to licensees in response to projectspecific recreation inquiries. In addition, Commission staff is currently developing a 

guidance document for licensees, which will provide general guidance on how to prepare

a recreation management plan in consultation with stakeholders. This guidance 

document will describe the components of an effective recreation management plan, such 

 

https://visitorusemanagement.nps.gov/VUM/Framework. The Commission is not a 

federal land management agency. Staff evaluates and develops recreation planning and 

monitoring requirements that respond to the unique resource issues and site conditions at 

individual projects.
Docket No. RM18-14-000 9

as recreation use monitoring, periodic plan review and updates, and circumstances 

warranting a plan amendment. 

12. The Commission’s hydropower licensing and compliance programs already 

incorporate a robust public process that allows for periodic review of recreation facilities, 

conditions, needs, and, where appropriate, recreation flows. Most often, public 

engagement opportunities arise during the pre-filing consultation process and the 

Commission’s public notice process for license applications and recreation-related 

compliance proceedings (e.g., consideration of a recreation management plan or 

amendment application). During the term of a license, agencies, members of the public, 

and other stakeholders have additional opportunities to review and provide input on any 

license-required recreation plan updates, periodic recreation plan assessments, or 

recreation-related monitoring results. Finally, members of the public may, at any time 

during the license term, access and review recreation-related documents on the 

Commission’s website, seek available project-specific recreation plans or other 

information from individual licensees, or contact Commission staff regarding recreation

inquiries or complaints. 

13. The foregoing demonstrates that there are sufficient safeguards to ensure that our 

recreation requirements are understood and implemented. 

2. Recreational Use Monitoring 

NOPR Comments

14. The Park Service expresses concern that the Commission would not require 

projects with limited recreation opportunities to implement any new or additional 
Docket No. RM18-14-000 10

recreation monitoring efforts if it eliminates the Form 80 reporting requirement. Rather, 

for all projects including those with little or no recreation opportunities, the Park Service

recommends that the Commission: (i) notice project inspections and invite stakeholders 

and the public to participate; (ii) inspect projects on a regular basis using staff with 

recreation expertise; and (iii) improve or clarify the process for submitting recreationrelated complaints to the Commission.

15. If Form 80 is eliminated, Roanoke County and the Town of Vinton urge the 

Commission to include language in every project license requiring licensees to develop a 

recreation monitoring plan in consultation with the appropriate federal agencies, state 

agencies, local governments, and other stakeholders.17 Roanoke County and the Town of 

Vinton also ask the Commission to reconsider the NOPR’s statement that licensed 

projects with little to no recreation, including projects previously exempted from the 

Form 80 reporting requirement pursuant to § 8.11(c), would not be expected to 

implement any new or additional recreation monitoring efforts, but should continue to 

comply with any project-specific license conditions related to public recreation. 

16. PacifiCorp asks the Commission to clarify that projects that do not have any 

license-required recreation use reporting other than Form 80 submittals will no longer 

have any routine recreation use reporting obligations if the Form 80 is eliminated. 

 17 Roanoke County and the Town of Vinton acknowledge that their comments on 

the NOPR are informed by their experience consulting as stakeholders on two licensed 

projects – Smith Mountain Project No. 2210 and Niagara Project No. 2466.
Docket No. RM18-14-000 11

Commission Response 

17. The Commission considers the need for recreation monitoring on a projectspecific basis, based on the conditions at that project at the time of licensing and during 

post-licensing review, as appropriate. Roughly half of all licensed projects will begin the 

relicensing process within the next 12 years and during the relicensing proceeding the 

Commission will conduct a comprehensive review of each project’s recreational 

resources and determine the appropriate level of recreational use monitoring, if any, 

needed for each project. 

18. In addition, Commission staff periodically conducts project inspections that focus 

on an individual license’s environmental and recreation-related requirements. Generally, 

Commission staff also will conduct an environmental inspection for projects with 

significant environmental or public use license requirements – e.g., projects with high 

recreational use, fish passage facilities, or wildlife mitigation areas. These inspections 

allow Commission staff to inspect project features, facilities, and areas to ensure that 

licensees are complying with the requirements of their respective project licenses. 

Commission staff also regularly conducts environmental inspections at projects with ongoing non-compliance or identified resource issues. 

19. Finally, the most efficient way to bring a recreation-related complaint or noncompliance allegation to the Commission’s attention is by directly contacting the 

Commission’s Office of Energy Projects through its enforcement hotline telephone 
Docket No. RM18-14-000 12

number.

18 Once a recreation-related allegation of non-compliance is received by the 

Commission, it is forwarded to staff within the Commission’s Office of Energy Projects’

Division of Hydropower Administration and Compliance for investigation and any 

necessary follow-up action. 

20. In response to PacifiCorp’s clarification request, unless recreation use reporting is 

required by a license condition – including any approved recreation plan or report or 

mandatory agency condition – licensees will no longer have any specific recreation use 

reporting obligation once the Form 80 is eliminated. 

21. For the reasons discussed above, we will not establish a standard requirement for 

recreational use monitoring at every licensed project.19 Considering recreation planning 

and monitoring needs on a project-by-project basis is the most appropriate method for 

Commission staff to ensure that each licensed project protects its recreational 

opportunities and is best adapted to the comprehensive development of the waterway. 

3. Mandatory Conditioning Authority 

NOPR Comments

22. The Forest Service comments that it values the type of information reported by 

licensees in Form 80 submittals. 

 18 For potential violations and wrongdoing involving Commission hydropower 

projects, individuals or stakeholders are encouraged to contact the Commission’s Office 

of Energy Projects directly at 844-434-0053. 

19 Doing otherwise would merely be retaining the Form 80’s standardized 

monitoring approach under the guise of a different name (i.e., a standard license 

condition), defeating the purpose of this Final Rule.
Docket No. RM18-14-000 13

23. The Forest Service expresses concern that if the Form 80 reporting requirement is 

eliminated, there will be no long-term baseline information on recreational usage to 

inform the development of operational plans or license conditions, and suggests that in 

future relicensing proceedings it will rely increasingly on its mandatory conditioning 

authority under § 4(e) of the FPA to ensure that licensees monitor recreation usage, and 

facility features and operations meet public recreational needs on Forest Service lands.

24. The Forest Service also asks the Commission to clarify how eliminating Form 80 

will affect projects that are currently awaiting final license orders, including projects with 

4(e) license conditions that may rely on Form 80 information. Under such circumstances, 

the Forest Service cautions that it may need to revise previously-submitted 4(e) license 

conditions. 

Commission Response

25. As previously explained in the NOPR, most projects with significant recreation

resources have a recreation management plan or recreation monitoring report 

requirements and thus are already responsible for recreational monitoring or oversight 

above and beyond that required by the Form 80 filing requirement.

20 In the absence of 

 20 Commission staff estimates that between January 2015 and the end of 

September 2018, the Commission issued a total of 73 licenses for original or relicensed 

hydropower projects. Of these licenses, the Commission specifically included conditions 

requiring the development and implementation of recreation management plans for 54 of 

these projects and also specifically exempted another nine of these projects from the 

current Form 80 filing requirement, due to little or no project-specific recreation 

resources or opportunities. In other words, of the licenses issued between January 2015 

and the end of September 2018, licensees for 63 licenses (i.e., 86 percent) were required 

to develop a project-specific recreation management plan or were exempt from the Form 
Docket No. RM18-14-000 14

the Form 80 reporting requirement, licensees will remain subject to any other recreation 

monitoring requirements contained within a license condition or approved recreation 

plan. 

26. Going forward, Commission staff evaluating future license and amendment 

applications will continue to make case-by-case determinations on whether recreation 

monitoring is warranted for a particular project and, if so, the type and degree of 

monitoring needed. We anticipate that Federal land management agencies will likewise 

continue to provide input on the appropriateness of recreation monitoring during 

individual licensing proceedings. In any event, Federal land management agencies, such 

as Forest Service, are not precluded by this Final Rule from continuing to use their

mandatory 4(e) conditioning authority to require recreational monitoring for individual 

projects during licensing proceedings, as they deem appropriate. 

27. As to Forest Service’s concern regarding current pending license applications, 

while we have explained that we believe sufficient information regarding recreation 

usage and needs will continue to be available after Form 80 is eliminated, the Forest 

Service may, if it deems it necessary, timely amend its 4(e) license conditions. 

 

80 filing requirement. 
Docket No. RM18-14-000 15

4. Recreation Costs, Revenues, and User Fees

28. The Park Service states that, following the elimination of Form 80, the 

Commission should require all licensees to report annual recreation costs and revenues, 

as well as user fees for specific facilities, on a regular basis.

29. The Commission’s regulations allow a licensee to charge reasonable fees to help 

defray the cost of constructing, operating, and maintaining recreation facilities.21 Form 

80 required licensees to include data on its annual recreation costs and revenues, but it 

did not require licensees to identify specific user fees for individual facilities. Typically, 

the Commission does not review or approve the reasonableness of such fees.22 However, 

if the Commission receives an inquiry or complaint regarding recreation costs, revenues,

or user fees at a particular project, staff may request that the licensee provide such 

information to assist in its investigation of a non-compliance allegation. Therefore, the 

Commission does not believe that establishing a standard requirement for every licensee 

to report to the Commission recreation costs, revenues, and user fees on an annual basis 

is necessary, nor does the Park Service elaborate on the utility of such a standard 

reporting requirement. 

 21 18 CFR 2.7 (2018). 

22 See, e.g., Public Utility District No. 2 of Grant County, Washington, 160 FERC 

¶ 61,099, at P 23 (2017). 
Docket No. RM18-14-000 16

5. Commission Determination

30. For the reasons discussed above, the Commission concludes that the benefits and 

the reduced burden for licensees and staff that result from eliminating the Form 80 

outweigh the potential minor obstacles that may arise during the transition from the Form 

80 data to specific recreation data gained through licensee compliance with projectspecific license conditions. By this Final Rule, we adopt the NOPR’s proposal to delete 

§ 8.11 of our regulations, thereby eliminating the Form 80 filing requirement. 

B. Removal of § 141.14 – Form No. 80, Licensed Hydropower 

Development Recreation Report

31. Added to the Commission’s regulations alongside the Form 80 requirement in 

1966,23 § 141.14 approved licensee use of Form 80 in the manner prescribed 

in § 8.11 of our regulations.24 To parallel the proposed removal of 

§ 8.11, the NOPR also proposed to remove § 141.14 of its regulations. 

32. The Commission did not receive any comments addressing the NOPR’s proposed 

removal of § 141.14 of the Commission’s regulations. Therefore, we retain the NOPR’s 

proposal to delete § 141.14. 

C. Amendments of 18 C.F.R. 8.1 and 8.2

33. The Commission amends §§ 8.1 and 8.2 of its regulations to modernize licensee 

public notice practices, clarify recreational signage requirements, and provide flexibility 

 23 Order 330, 36 FPC 1030.

24 18 CFR 141.14 (2018). 
Docket No. RM18-14-000 17

to assist licensees’ compliance with these requirements. All licensees that filed 

comments in response to the NOPR generally support the Commission’s proposal to 

revise §§ 8.1 and 8.2 of the Commission’s regulations to update licensee public notice 

practices. Forest Service also expressed support for the Commission’s efforts to 

modernize and diversify licensee options for keeping the public informed of recreation 

opportunities at licensed projects. 

1. Section 8.1 – Publication of License Conditions Relating to 

Recreation

34. Section 8.1 directs licensees to publicize information about the availability of 

projects lands and waters for recreational purposes, and any recreation-related license 

conditions.

25 Section 8.1 requires licensees, at a minimum, to publish notice in a local 

newspaper once each week for four weeks of any recreation-related license conditions 

that the Commission may designate in an order issuing or amending a license.

26 

35. In addition to publishing notice in the local newspaper, the NOPR proposed to 

require licensees with project websites to also post notice of recreation-related license 

conditions on its website. This requirement would only apply to a licensee that already 

has an existing project website, or decides to develop a project website in the future. As 

explained in the NOPR, this additional publication method will ensure that the public is

informed of recreational opportunities and recreation-related license conditions regardless 

 25 18 CFR 8.1 (2018). 

26 See id.
Docket No. RM18-14-000 18

of whether members of the public rely on a newspaper or the internet as their main 

information source. 

a. Availability of Information 

36. The Park Service recommends that the Commission ensure that the information it 

receives from licensees is available to the public, and develop standardized information 

about recreation facilities and flows at licensed projects.27 In addition, the Park Service

recommends that the Commission require every licensee to create and maintain a project 

website that publicizes information about available public recreation opportunities. To 

this end, the Park Service recommends that all licensees be required to maintain a project 

website that, at minimum, provides: (i) operating status of recreation facilities; (ii) notice 

of future recreation reviews and inspections, and the outcome of any such evaluations; 

(iii) recreation management plans, recreation-related reports, and the entire license 

instrument; and (iv) a map that provides standard Geographic Information System (GIS) 

layers identifying recreation facilities, public access, and the project boundary.

 27 Specifically, the Park Service suggests that the Commission consider partnering 

with the Department of Energy’s National Laboratories to develop standardized reporting 

of flow data, including scheduled recreational flow releases. The Park Service also 

encourages the Commission to consider a partnership with the Park Service to publicize 

information about public recreation opportunities at licensed hydropower projects on the 

National Rivers Project website. As discussed further below, we are satisfied that our 

existing publication requirements keep the public informed of recreation opportunities at 

licensed projects. Commission staff will continue to evaluate and include, where 

appropriate, license conditions that require licensees to notify the public of scheduled 

recreation flows on a case-by-case basis. 
Docket No. RM18-14-000 19

37. As revised by this Final Rule, §§ 8.1 and 8.2 of the Commission’s regulations 

require licensees to publicize specific recreation use and availability information to the 

public for its licensed project through newspaper notices, project signage, its local office, 

and any existing licensee website. We are satisfied that the existing publication 

requirements provide a variety of ways to sufficiently inform the public of recreation and 

public access information. Therefore, we decline to adopt the Park Service’s 

recommendation that all licensees be required to create and maintain a project website. 

38. On occasion, the Commission has required a licensee to provide recreation 

information to the public on a recurring basis through telephone recordings or website 

updates (e.g., periodic notifications communicating recreational streamflow data, 

whitewater boating opportunities, or recreation site accessibility). However, we do not 

believe that a blanket requirement directing licensees to regularly notify the public of 

recreation flows or recreation site accessibility is appropriate for all licensed projects. In 

addition, members of the public may obtain information about a project’s recreational 

opportunities – including detailed information about recreation facility availability and 

use, project boundary maps, and inspection reports – by searching the project docket on 

the Commission’s eLibrary website, registering for the Commission’s e-Subscription

service, and participating in publicly-noticed licensing and post-licensing proceedings, 

such as the consideration of a recreation plan or significant recreation-related license 

amendment. 
Docket No. RM18-14-000 20

b. Newspaper Publication 

39. NHA supports the proposed changes to § 8.1, but asks the Commission to 

eliminate the newspaper publication requirement for licensees that publicly notice 

recreation-related license conditions by publication on a project website. In addition, 

where a licensee does not maintain a project website and there is no local newspaper,

NHA posits that licensees should be allowed to post notice on municipal or county 

websites.

40. We decline to eliminate the requirement that licensees publish notice of 

recreation-related license conditions in a local newspaper. As we noted in the NOPR, 

requiring licensees to publish notice in a local newspaper and, if applicable, on a project 

website ensures that the public is on notice of recreational opportunities and recreationrelated license conditions or amendments regardless of whether a particular member of 

the public relies on a newspaper or the internet as their primary news source. Further, the

possibility that newspaper publication will reach local community members that may not 

have reliable internet access outweighs the negligible time and expense necessary to 

publish a notice in a local newspaper. Licensees are not precluded from supplementing 

the required methods of public notice by also posting notice on municipal or country 

websites or at local government offices. 

c. Project Website Definition 

41. Pacific Gas and Electric Company (PG&E) asks the Commission to clarify which 

types of websites will be considered “project websites.” PG&E recommends that the 

Commission exclude from its definition “relicensing websites,” which it describes as 
Docket No. RM18-14-000 21

websites maintained during the relicensing process for stakeholders to access documents 

associated with the pre-filing process and the relicensing application process. PG&E 

further explains that relicensing websites are generally targeted to the stakeholders 

participating in the relicensing process, and do not provide specific information about the 

recreation opportunities provided near or on project reservoirs. 

42. We agree that temporary websites developed specifically for a relicensing 

proceeding do not constitute the type of project website the Commission expects to be 

used for the purposes of § 8.1 publication. To clarify, by using the term “project 

website,” the Commission intended to capture any existing website, or webpage, used by 

a licensee to communicate information to the public about recreation opportunities 

provided by a particular project over the duration of the project’s license. We anticipate

that the information required by § 8.1 is the type of information that is already offered by 

many website-ready licensees in an electronic format or can be easily uploaded to an 

existing project webpage. 

2. Section 8.2 – Posting of Project Lands as to Recreation Use and 

Availability of Information 

43. Section 8.2(a) requires the licensee to post at each public access point a visible 

sign that identifies: the project name, project owner, project number, directions to 

project areas available for public recreation, permissible times and activities, and other 

regulations regarding recreation use. Section 8.2(a) also requires licensees to post visible 

notice that project recreation facilities are open to all members of the public without 

discrimination. Section 8.2(b) directs the licensee to make available for inspection at 
Docket No. RM18-14-000 22

its local offices the Commission-approved recreation plan and the entire license order 

indexed for easy reference to the recreation-related license conditions designated for 

publication in accordance with § 8.1 of the Commission’s regulations. As the 

Commission explained in Order 299, the rationale behind the types of public notice 

required by §§ 8.1 and 8.2 is two-fold: (i) it puts prospective purchasers of land in the 

project vicinity on notice of the project’s public access and recreation purposes; and (ii) it 

informs the general public of the location and terms of use of the project’s recreation 

facilities.

28

a. Recreation Signage

44. To streamline the amount of information that must appear on recreation signage, 

the NOPR proposed revisions to § 8.2(a) that would require signs to, at a minimum,

identify: the project name and number, and a statement that the project is licensed by the 

Commission; the licensee name and contact information for obtaining additional project 

recreation information; and permissible times and activities. As explained in the NOPR, 

the revisions reduce the information licensees must include on recreation signage at each 

public access point and afford licensees greater flexibility to design signs that effectively 

communicate recreation information to the public. 

 28 Order 299, 33 F.P.C. 1131. 
Docket No. RM18-14-000 23

45. A number of commenters filed comments in support of this aspect of the 

Commission’s proposal.29 No negative comments were filed. The Final Rule retains 

the NOPR’s revisions to § 8.2(a). 

b. Recreation Document Availability 

46. The NOPR also proposed to revise § 8.2(b) to require licensees with project 

websites to include on their websites copies of any approved recreation plan, recreationrelated reports approved by the Commission, and the entire license instrument. This 

requirement would only apply to a licensee that already has an existing project website, 

or establishes a project website in the future. 

47. No negative comments were filed on this aspect of the Commission’s proposal. 

The Final Rule retains the NOPR’s revisions to § 8.2(b).

 29 The Park Service asks the Commission to supplement recreation signage by 

encouraging licensees to provide on-site interpretive kiosks that explain the history of the 

project. As a general matter, we agree with the Park Service and encourage the use of 

interpretive kiosks or signage to educate visitors about a unique or important aspect of the 

project area (e.g., cultural resources, special-status species, etc.). However, installation 

of interpretive kiosks in addition to recreation-related signage is not appropriate or 

necessary for every licensed project. Commission staff will continue to consider the 

appropriateness of on-site interpretive kiosks on a project-by-project basis as part of any 

relevant licensing or amendment proceeding before the Commission.
Docket No. RM18-14-000 24

IV. Regulatory Requirements

A. Information Collection Statement

48. The Paperwork Reduction Act30 requires each federal agency to seek and obtain 

the Office of Management and Budget’s (OMB) approval before undertaking a collection 

of information (including reporting, record keeping, and public disclosure requirements)

directed to ten or more persons or contained in a rule of general applicability. OMB 

regulations require approval of certain information collection requirements contained in 

final rules published in the Federal Register.

31 Upon approval of a collection of 

information, OMB will assign an OMB control number and an expiration date. 

Respondents subject to the filing requirements of a rule will not be penalized for failing 

to respond to the collection of information unless the collection of information displays a 

valid OMB control number.

49. Public Reporting Burden: By eliminating the Form 80 filing requirement, this 

Final Rule eliminates an existing data collection, FERC-80 (OMB Control No. 1902-

0106). In addition, the Final Rule modifies certain reporting and recordkeeping 

 30 44 U.S.C. 3501-3521 (2012).

31 See 5 CFR 1320.12 (2018).
Docket No. RM18-14-000 25

requirements included in FERC-500 (OMB Control No 1902-0058)32 and FERC-505 

(OMB Control No. 1902-0115).33 

50. Under the most recent Form 80 reporting cycle,34 346 licensees prepared and filed 

843 Form 80 reports.35 Every three years, the Commission is required to request from 

OMB an extension of any currently approved information collection. Since the Form 80 

is only filed every six years, the most recent annual burden and cost figures provided to 

OMB were based on an estimate of 400 respondents. To determine the total number of 

responses per year for OMB submittal purposes, we multiplied the number of 

respondents (400) by the annual number of responses per respondent (0.167) to arrive at 

67 responses per year. The Commission estimated the current public reporting burden to 

be an average of three hours per form, with an associated cost of approximately $224 per 

form. Because the Form 80 is filed every six years, the estimated annualized cost to 

complete each form is $37.44, with a total annual cost for all licenses of approximately 

 32 FERC-500 includes the reporting and recordkeeping requirements for 

“Application for License/Relicense for Projects with Capacity Greater Than 5MW.”

33 FERC-505 includes the reporting and recordkeeping requirements for “Small 

Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and 

Qualifying Conduit Facility Determination.” 

34 Licensees were required to file Form 80 reports by April 1, 2015, containing 

recreational use and development data compiled during the 2014 calendar year.

35 For projects with more than one development, the licensee is required to submit 

a Form 80 report for each development.
Docket No. RM18-14-000 26

$14,974.50.

36 This estimate includes the time required to review instructions, research 

existing data sources, and complete and review the collection of information. 

51. This Final Rule eliminates certain information collection and recordkeeping 

requirements. The removal of the Form 80 report eliminates the estimated annual 

information collection burden (201 hours) and cost ($14,974.50) associated with FERC80 (OMB Control No. 1902-0106).37

52. In addition, the revisions to §§ 8.1 and 8.2, associated with the FERC-500 and 

FERC-505 information collections,38 are intended to modernize licensee public notice 

practices, clarify recreational signage requirements, and provide flexibility to assist 

licensees’ compliance with these requirements. With regard to modernized public notice 

practices, the revisions require licensees that have a project website to (1) publish notice

on its website of license conditions related to recreation; and (2) maintain on its website 

copies of any approved recreation plan, recreation-related reports, and the license 

instrument. If a licensee does not have a project website, the website publication 

 36 These estimates, from the current OMB-approved inventory figures for Form 

80, used $74.50 per hour for wages and benefits. The most recent OMB approval of the 

Form 80 was issued December 8, 2016.

37 These figures are annual averages (for Paperwork Reduction Act purposes) of 

the burden and cost for the six-year cycle for the Form 80. The most recent OMB 

approval of the Form 80 was issued December 8, 2016.

38 As of September 30, 2018, the Commission currently has 480 licenses for 

projects with an installed capacity more than 5 MW (reporting requirements covered by 

FERC-500) and 573 licenses for projects 5 MW or less (reporting requirements covered 

by FERC-505). 
Docket No. RM18-14-000 27

requirements would not apply. Accordingly, there is a slight increase in the reporting 

requirements and burden for FERC-500 and FERC-505.

53. The estimated changes to the burden and cost of the information collections

affected by this Final Rule follow. 

Annual Changes Implemented by the Final Rule in RM18-14-00039

No. of 

Respon

dents

(1)

No. of 

Respons

es per 

Respon

dent

(2)

Total No. 

of 

Response

s

(1)X(2)=(

3)

Avg. 

Burden 

Hrs. & 

Cost Per 

Response

(4)

Total 

Annual 

Burden 

Hours &

Total 

Annual Cost 

(3)X(4)=5

Cost per 

Responde

nt ($)

(5)/(1)

FERC-80 

(reduction)40 400 0.16741

67 

(rounded)

3 hrs.; $224 

(rounded); 

(reduction)

201 hrs.; 

$14,974.50 

(rounded); 

(reduction)

$224 

(reduction)

FERC-500 43242 1 432

0.5 hr.; 

$26.77 

(rounded)

216 hrs.; 

$11,565 

(rounded)

$26.77

(rounded)

 39 Hourly costs are based on Bureau of Labor Statistics figures for May 2017 

wages in Sector 22 – Utilities (https://www.bls.gov/oes/current/naics2_22.htm) and 

December 2017 benefits (https://www.bls.gov/news.release/pdf/ecec.pdf). For web 

developers (code 15-1134), the estimated average hourly cost (salary plus benefits) is 

$53.53.

40 The figures are annualized figures contained in the current OMB inventory 

for FERC-80. While OMB requires existing information collections to be submitted 

for approval every three years, the Commission’s hydropower licenses are only required 

to submit the Form 80 every six years. Therefore, the estimated figures for the entire 

six-year Form 80 cycle would be a total of 400 respondents, spending an estimated 

three hours per report, for a total of 1,200 hours. Form 80 will be discontinued.

41 This figure indicates that a respondent files a Form 80 once every six years.

42 We assume approximately 90 percent of the 480 licenses for projects with an 

installed capacity of more than 5 MW (i.e., an estimated 432 licenses) have project 

websites. 
Docket No. RM18-14-000 28

Annual Changes Implemented by the Final Rule in RM18-14-00039

No. of 

Respon

dents

(1)

No. of 

Respons

es per 

Respon

dent

(2)

Total No. 

of 

Response

s

(1)X(2)=(

3)

Avg. 

Burden 

Hrs. & 

Cost Per 

Response

(4)

Total 

Annual 

Burden 

Hours &

Total 

Annual Cost 

(3)X(4)=5

Cost per 

Responde

nt ($)

(5)/(1)

FERC-505 28743 1 287

0.5 hr.; 

$26.77 

(rounded)

144 hrs.; 

$7,683 

(rounded)

$26.77

(rounded)

54. Titles: FERC-80 (Licensed Hydropower Development Recreation Report), 

FERC-500 (Application for License/Relicense for Water Projects with More than 

5 Megawatt (MW) Capacity), and FERC-505 (Small Hydropower Projects and Conduit 

Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility 

Determination).

55. Action: Deletion of information collection (FERC-80), and revisions to existing 

collections FERC-500 and FERC-505.

56. OMB Control Nos.: 1902-0106 (FERC-80), 1902-0058 (FERC-500), and 1902-

0115 (FERC-505).

57. Respondents: Hydropower licensees, including municipalities, businesses, 

private citizens, and for-profit and not-for-profit institutions. 

58. Frequency of Information: Ongoing (FERC-500 and FERC-505).

 43 We assume approximately 50 percent of the 573 licenses for projects 5 MW or 

less (i.e., an estimated 287 licenses) have project websites. 
Docket No. RM18-14-000 29

59. Necessity of Information: The revised regulations eliminate unnecessary 

reporting requirements, modernize licensee public notice practices, and clarify 

recreational signage requirements. 

60. Internal Review: The Commission has reviewed the revisions and has 

determined they are necessary. These requirements conform to the Commission’s need 

for efficient information collection, communication, and management within the energy 

industry. The Commission has specific, objective support for the burden estimates 

associated with the information collection requirements.

61. Interested persons may obtain information on the reporting requirements by 

contacting the Federal Energy Regulatory Commission, 888 First Street, NE, 

Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director], by 

email to DataClearance@ferc.gov, by phone (202) 502-8663, or by fax (202) 273-0873. 

62. Comments concerning the collections of information and the associated burden 

estimates may also be sent to: Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, NW, Washington, DC 20503 [Attention: 

Desk Officer for the Federal Energy Regulatory Commission]. Due to security concerns, 

comments should be sent electronically to the following e-mail address: 

oira_submission@omb.eop.gov. Comments submitted to OMB should refer to FERC-80, 

FERC-500, and FERC-505 and OMB Control Nos. 1902-0106 (FERC-80), 1902-0058 

(FERC-500), and 1902-0115 (FERC-505).
Docket No. RM18-14-000 30

B. Environmental Analysis

63. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant effect on 

the human environment.44 Excluded from this requirement are rules that are clarifying, 

corrective, or procedural, or that do not substantially change the effect of legislation or 

the regulations being amended.45 This Final Rule updates the Commission’s recreationrelated regulations by clarifying public notice and signage requirements, and eliminating 

unnecessary reporting requirements. Because this rule is clarifying and procedural in 

nature, preparation of an Environmental Assessment or Environmental Impact Statement

is not required. 

C. Regulatory Flexibility Act

64. The Regulatory Flexibility Act of 1980 (RFA)46 generally requires a description 

and analysis of final rules that will have significant economic impact on a substantial

number of small entities. The RFA mandates consideration of regulatory alternatives 

that accomplish the stated objectives of a rulemaking while minimizing any significant 

economic impact on a substantial number of small entities.47 In lieu of preparing a 

 44 Regulations Implementing the National Environmental Policy Act of 1969, 

Order No. 486, FERC Stats. & Regs. ¶ 30,783 (1987) (cross-referenced at 41 FERC 

¶ 61,284).

45 18 CFR 380.4(a)(2)(ii) (2018).

46 5 U.S.C. 601-612 (2012).

47 5 U.S.C. 603(c) (2012).
Docket No. RM18-14-000 31

regulatory flexibility analysis, an agency may certify that a final rule will not have a 

significant economic impact on a substantial number of small entities.48

65. The Small Business Administration’s (SBA) Office of Size Standards develops 

the numerical definition of a small business.49 The SBA size standard for electric utilities 

(effective January 22, 2014) is based on the number of employees, including affiliates.50 

Under SBA’s current size standards, a hydroelectric power generator (NAICS code 

221111)51 is small if, including its affiliates, it employs 500 or fewer people.52 

66. This Final Rule directly affects all hydropower licensees that are currently 

required to file the Form 80. The Final Rule removes the Form 80 filing requirement, 

eliminating (for small and large entities) the cost of $224 associated with filing the Form 

80 every six years. 

67. In addition, the revisions to §§ 8.1 and 8.2 of the Commission’s regulations would 

directly affect all hydropower licensees of projects that offer existing or potential 

 48 5 U.S.C. 605(b) (2012). 

49 13 CFR 121.101 (2018).

50 SBA Final Rule on “Small Business Size Standards: Utilities,” 78 Fed. 

Reg. 77,343 (Dec. 23, 2013).

51 The North American Industry Classification System (NAICS) is an industry 

classification system that Federal statistical agencies use to categorize businesses for 

the purpose of collecting, analyzing, and publishing statistical data related to the U.S. 

economy. United States Census Bureau, North American Industry Classification System, 

https://www.census.gov/eos/www/naics/ (accessed April 11, 2018). 

52 13 CFR 121.201, Sector 22, Utilities (2018).
Docket No. RM18-14-000 32

recreational use opportunities. These revisions are intended to modernize licensee public 

notice practices, clarify recreational signage requirements, and provide flexibility to assist 

licensees’ compliance with these requirements. We expect the clarified signage 

requirements to benefit licensees by providing them more flexibility to design recreationrelated signage strategies that best fit the needs of their individual projects. To 

modernize public notice practices, the revisions will require licensees that have a project 

website, or develop one in the future, to publish and maintain certain recreation-related 

information on its website. If a licensee does not have a project website, the website 

publication requirements would not apply. Therefore, there is a slight increase in the 

information collection reporting requirements and burden for FERC-500 and FERC505.53 However, we do not anticipate the impact on affected entities, regardless of their 

status as a small or large entity, to be significant.

68. Based on this understanding, pursuant to § 605(b) of the RFA, the Commission 

certifies that this Final Rule will not have a significant economic impact on a substantial 

number of small entities. Accordingly, no regulatory flexibility analysis is required. 

D. Document Availability

69. In addition to publishing the full text of this document in the Federal Register, the 

Commission provides all interested persons an opportunity to view and print the contents

 53 In the Information Collection section, we estimated the average burden and cost 

per respondent to be approximately 30 minutes and $26.77 per year. 
Docket No. RM18-14-000 33

of this document via the Internet through the Commission’s Home Page 

(http://www.ferc.gov) and in the Commission’s Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A, 

Washington, DC 20426.

70. From the Commission’s Home Page on the Internet, this information is available 

on eLibrary. The full text of this document is available on eLibrary in PDF and 

Microsoft Word format for viewing, printing, and/or downloading. To access this 

document in eLibrary, type the docket number excluding the last three digits of this 

document in the docket number field.

71. User assistance is available for eLibrary and the Commission’s website during 

normal business hours from the Commission’s Online Support at (202) 502-6652 (toll 

free at 1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference 

Room at (202) 502-8371, TTY (202) 502-8659. E-mail the Public Reference Room at 

public.referenceroom@ferc.gov.

E. Effective Date and Congressional Notification 

72. This regulation is effective [INSERT DATE (90) days after date of publication 

in the FEDERAL REGISTER]. The Commission has determined, with the 

concurrence of the Administrator of the Office of Information and Regulatory Affairs of 

OMB, that this rule is not a “major rule” as defined in § 251 of the Small Business 
Docket No. RM18-14-000 34

Regulatory Enforcement Fairness Act of 1996.54 This rule is being submitted to the 

Senate, House, Government Accountability Office, and Small Business Administration. 

List of subjects 

18 CFR Part 8 

Electric power, Recreation and recreation areas, Reporting and recordkeeping 

requirements.

18 CFR Part 141 

Electric power, Reporting and recordkeeping requirements.

By direction of the Commission. Commissioner McIntyre is not voting on this order.

 Commissioner McNamee is voting present.

( S E A L )

Nathaniel J. Davis, Sr.,

Deputy Secretary.

 54 5 U.S.C. 804(2) (2012). 
Docket No. RM18-14-000 35

In consideration of the foregoing, the Federal Energy Regulatory Commission 

amends Parts 8 and 141, Chapter I, Title 18, Code of Federal Regulations, 

as follows:

PART 8 – RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT 

LICENSED PROJECTS 

1. The authority citation for part 8 continues to read as follows:

Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

§ 8.1 [Amended]

2. Revise § 8.1 to read as follows: 

§ 8.1 Publication of license conditions relating to recreation. 

Following the issuance or amendment of a license, the licensee shall make reasonable 

efforts to keep the public informed of the availability of project lands and waters for 

recreational purposes, and of the license conditions of interest to persons who may be 

interested in the recreational aspects of the project or who may wish to acquire lands in 

its vicinity. Such efforts shall include, but are not limited to: the publication of notice in 

a local newspaper once each week for 4 weeks, and publication on any project website, of 

the project’s license conditions which relate to public access to and the use of the project 

waters and lands for recreational purposes, recreational plans, installation of recreation 

and fish and wildlife facilities, reservoir water surface elevations, minimum water 

releases or rates of change of water releases, and such other conditions of general public 

interest as the Commission may designate in the order issuing or amending the license.

§ 8.2 [Amended]
Docket No. RM18-14-000 36

3. Revise § 8.2 to read as follows: 

§ 8.2 Posting of project lands as to recreational use and availability of information. 

(a) Following the issuance or amendment of a license, the licensee shall post and 

maintain at all points of public access required by the license (or at such access points 

as are specifically designated for this purpose by the licensee) and at such other points 

as are subsequently prescribed by the Commission on its own motion or upon the 

recommendation of a public recreation agency operating in the project vicinity, a 

conspicuous sign that, at a minimum, identifies: the FERC project name and number, 

and a statement that the project is licensed by the Commission; the licensee name and 

contact information for obtaining additional project recreation information; and 

permissible times and activities. In addition, the licensee shall post at such locations 

conspicuous notice that the recreation facilities are open to all members of the public 

without discrimination.

(b) The licensee shall make available for inspection at its local offices in the project 

vicinity, and on any project website, the approved recreation plan, any recreation-related

reports approved by the Commission, and the entire license instrument, properly indexed 

for easy reference to the license conditions designated for publications in § 8.1.

§ 8.11 [Removed]

4. Remove § 8.11.
Docket No. RM18-14-000 37

PART 141 – STATEMENTS AND REPORTS (SCHEDULES)

5. The authority citation for part 141 continues to read as follows:

Authority: 15 U.S.C. 79; 15 U.S.C. 717–717z; 16 U.S.C. 791a-828c, 2601-2645;

31 U.S.C. 9701; 42 U.S.C. 7101-7352.

6. Remove § 141.14.