The process of renewing a hydropower license offers an opportunity to develop new recreational experiences and improve existing sites. With this, it is important to consider how these recreational opportunities can be made accessible. Through the licensing process, practitioners can review and recommend infrastructure and amenities that provide equitable access to hydropower reservoirs and rivers. This can include facilities such as boat ramps, portage trails around dams, water access sites, trails, signage, and more.
Making one’s way to the water adjacent to a hydropower dam may involve different levels of participation, from viewing it from the water’s edge to launching a canoe. Additionally, accessibility can look different based on the recreational experience and user. This guide focuses on how to consider accessibility as a whole and offers resources on incorporating equity in recreation.
While there are minimum legal requirements for making recreation accessible, it is important to get into the mindset of creating a valuable experience for those with disabilities beyond what is required. Features of river access can be more difficult to design because each project has different challenges and landscapes. For this reason, consider these central components when designing an accessible experience.
Principles of Universal Design: This is a practice widely used in design to provide “products, environments, programs and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.” This framework shapes accessibility regulations and standards.
Any public facilities or recreational experiences must comply with relevant accessibility laws and standards as directed by federal, state, land managing agency regulations, and for hydropower relicensing, regulations set by the Federal Energy Regulatory Commission (FERC).
Americans with Disabilities Act (ADA): This act states that any local, state, or private businesses and non profit facilities, constructed or altered for public use, should be built to be readily accessible and usable to individuals with disabilities.
ADA Standards: From this Act, standards have been developed for all different types of facilities, including recreational experiences.
Architectural Barriers Act (ABA): This act ensures that any “facilities designed, built, altered, or leased with federal funds be accessible.”
ABA Standards: From this Act, standards have been developed for all different types of facilities, including recreational experiences.
FERC Regulations - 18CFR2.7: As part of the relicensing process, FERC will conduct a review of recreational resources to ensure that they are being properly provided to all users. That being said, FERC does not regulate or enforce the ADA and simply requires recreation sites to be “barrier free.”
State Regulations: States can have companion laws that are more stringent than the ABA/ADA, and some have adopted the International Building Code.
Following the ADA/ABA is always a minimum, and the exact standards followed will depend on who owns the land, who is providing the funding, and what state the project is in. Contact your regional ADA center or the U.S. Access Board Technical Assistancefor the most comprehensive information.
Both processes offer multiple opportunities for accessibility advocates, agencies, tribes, and the general public to provide comments on a project proposal. Because of this, it is recommended to collaborate with an organization that is well versed in the hydropower relicensing process, as they will be able to get involved in the most effective way possible. More tips on first-time engagement can be found in the Hydropower 101 toolkit.
Out of all of the comment periods, the following checkpoints provide the greatest opportunities for championing accessibility.
Submitting a study request
Early in the process, FERC requires information to be obtained on the resources the hydropower project affects, such as soil, water quality, fish, wildlife, cultural, recreation, aesthetics, land use, and tribal resources. Because of this, practitioners can request a study at this juncture to gather information about the current accessibility of recreation sites, information, and programs.
Here, practitioners can collaborate with the licensee and partners to understand each party’s interest in recreation and accessibility. Reaching out directly to communities of people with disabilities will help inform what those communities' needs are. Participants can request studies following FERC’s 7 criteria outlined in their study guidelines.
Recommendation in the license terms
Before the license is issued, FERC reviews the developers’ application and calls for public comments, recommendations, terms, and conditions. Here, practitioners can make recommendations to be incorporated into the license. These are items that recommend protection, mitigation, and enhancement (PME) measures to ensure meaningful accessible experiences for recreation users at hydropower facilities.
When making recommendations for PMEs to improve accessibility, it is important to collaborate with the licensee and partners to craft recommendations. Identifying recommendations early in the process, such as in the Scoping Document, Draft License Application, and Ready for Environmental Analysis Notice, can solicit support from the licensee, partners, and FERC. Oftentimes, a Recreation Management Plan is developed early on that addresses the recreational needs at the site.
Engaging outside the licensing process
Once a license is issued, most of the participating parties lose their legal standing and the process shifts to implementation of the license conditions. If the licensee fails to meet one or more of the license conditions within the specified time periods, interested parties should contact the licensee and FERC to express their concerns.
A new license may be accompanied with a settlement agreement between the licensee and parties to the relicensing. While FERC will incorporate some settlement terms into the new license, other settlement terms that are outside of FERC’s legal authority will remain a legal contract between the licensee and signatories to the agreement.
A Recreation Management Plan (RMP) is commonly developed post licensing as a condition of the license. Accessibility is often a critical component of a RMP and concerned parties should participate in the development and implementation of the plan, making sure to address accessible recreation.
No matter how you choose to champion accessibility, use the following questions to shape your process. It is critical to evaluate existing recreational activities and look ahead to providing accessible experiences in the future. Most importantly, early outreach to and inclusion of local communities of people with disabilities is critical to helping inform the hydropower relicensing process.
Evaluate recreational opportunities at your site
What are the current recreational activities, experiences, and visitor infrastructure at the hydropower site? (e.g., signage, trails, amenities)
What do you know about how people with disabilities already use this site? Is there anyone to partner with who already uses this site?
Why are people visiting the site? What features of this site are attractive to visitors?
What are the current barriers to accessible recreation?
What does it take to maximize the recreational experience and does it at least meet minimum standards (i.e ADA, ABA, etc.)?
What does the entry-to-exit experience look like for the sites’ activities?
Consider a recreational experience at this site. Can someone with a disability complete each step of the activity from when they arrive at the site to when they leave?
How is the site maintained and what requirements are there to manage it?
Looking ahead
How can the existing unique recreational experiences of this site be made more accessible?
If the facility were to add or improve its recreational features, how will these features be made accessible for people with disabilities?
How can you implement ADA/ABA standards to existing features and additional projects?
How can accessible features (on any scale) be added or improved during scheduled repair, rehabilitation, and replacement of those sites throughout the life of the license?
Are there opportunities for loan programs for adaptive recreation (trackchairs, beach wheelchairs, etc)?
Resources
Prepare to Launch! - A resource designed to help plan, build, or update an access site tailored to the needs of all recreationalists.
The Saguaro National Park website provides comprehensive trail information, including the trail data specified in the ABA Outdoor Developed Area Guidelines and photos.
