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- By Chez Oxendine
- Energy | Environment
Tribal nations are bracing for a wave of relicensing as nearly 40% of existing federally regulated hydropower projects come up for renewal over the next decade — a reset that could determine how rivers, fisheries and treaty-protected rights are managed for decades.
The authority behind those decisions is the Federal Energy Regulatory Commission, which licenses most non-federal hydropower dams in the United States and determines whether projects can continue operating for another 30 to 50 years and under what conditions. Those decisions govern dam operations that affect river flows, fish passage and water quality across Indian Country, according to a report this week from the Native American Rights Fund.
Hydropower development has historically imposed steep costs on tribal fisheries and homelands, flooding more than 1 million acres and blocking salmon runs on major rivers such as the Columbia, Snake and Klamath, according to the report. While newer project designs reduce some impacts, tribes continue to navigate a complex federal licensing system to safeguard their interests.
“Hydroelectric energy production does not inherently run counter to tribal interests,” NARF writes. “However, the process for hydropower licensing and relicensing is burdensome for tribal nations that seek to be involved.”
FERC’s licensing process spans several years and includes required consultation with tribal nations, though restrictions on communication after an application is filed often limit the effectiveness of that consultation, according to NARF.
“Tribal concerns and interests must be considered whenever Commission actions may affect Indian tribes, trust resources or treaty rights,” the agency’s tribal consultation policy states.
Tribal nations can influence licensing outcomes through several avenues. During the study plan phase, tribes may request environmental, cultural or economic studies that shape FERC’s environmental review. Tribes may also intervene in proceedings or participate as cooperating agencies under the National Environmental Policy Act, though doing both requires significant staff capacity.
Key federal authorities offer additional leverage, according to the report. Under Section 4(e) of the Federal Power Act, the Bureau of Indian Affairs may impose mandatory license conditions for projects on tribal trust lands. Tribes with Clean Water Act authority may also set binding water quality conditions under Section 401. Other agencies, including the National Marine Fisheries Service and U.S. Fish and Wildlife Service, can require fish passage measures under Section 18.
Recent settlements show the impact of tribal engagement. In December 2025, the three Skagit River tribes reached a comprehensive agreement with Seattle City Light and federal and state agencies to guide a new 50‑year license for the utility’s dams on the Skagit River, according to the report.
At the same time, tribes face new headwinds. Recent changes to federal environmental review requirements and a Department of Energy effort to reverse FERC’s 2024 policy requiring tribal consent for preliminary permits on tribal land could narrow tribal protections, per a December report by Grist.
Tribes need to remain engaged to protect their resources and work to shape relicensing outcomes, NARF writes.
“Tribal nations have spent decades advocating for protection of their tribal resources in the face of unchecked public and private hydropower development in their watersheds,” the report states. “As sovereign governments with legal rights in FERC hydropower licensing processes, tribal nations can influence current management and operations and help shape the future of hydroelectric energy development in the United States.”
