In the next decade, approximately 48 hydroelectric projects in the National Forests in California will be up for relicensing by the Federal Energy Regulatory Commission (FERC). Many of these projects involve significant resources, which include water and riparian habitats, recreation and scenic resources, and historic and cultural resources.

Most of these projects were built more than 50 years ago, long before the National Environmental Policy Act, National Forest Management Act, the Endangered Species Act, the National Historic Preservation Act, and the Clean Water Act.

Today, the hydropower industry is seeking to minimize expenses in preparation for deregulation. At the same time, the public is becoming much more concerned about the impacts of projects and is demanding changes to existing licensing conditions.

The Forest Service has authority to evaluate hydroelectric development within the licensing authority of the Federal Energy Regulatory Commission. The FERC is an independent commission within the Department of Energy. FERC licenses non-federally owned dams. Even though the FERC is the licensing authority, the Forest Service has a significant role when a project is proposed or relicensed in the National Forests.

Under the Federal Power Act, the Forest Service may impose license conditions for the protection and use of the National Forest. Typical conditions the Forest Service may  include are requirements for instream flows for fish and riparian habitat, recreation developments, and plans to assure protection from environmental damage. The Forest Service can make conditional requirements, and issue a special use authorization for new projects.

Wishon Reservoir, Kings River,
Sierra National Forest.  A PG&E power station lies within the mountains at the far side of the reservoir.