When the property is the project: integrating the federal power act with the requirements of the national historic preservation act at the federal energy regulatory commission

摘要

When the hydro project that is licensed under the Federal Power Act and the historic property that is protected under the National Historic Preservation Act are one and the same, which Act prevails? When interpreted rigorously, they both do, without either unduly encumbering the purposes of the other. While other means are available to the Federal Energy Regulatory Commission for harmonizing the respective demands of these Acts, programmatic agreements have prove the most efficient.