In April 2009, the U.S. Department of the Interior (Interior) and Federal Energy Regulatory Commission (FERC) entered into a Memorandum of Understanding (MOU) regarding the development of hydrokinetic and renewable energy projects on the Outer Continental Shelf (OCS). While the MOU resolved a long-standing jurisdictional impasse between the agencies, there remain unresolved regulatory matters regarding the approval and oversight of these emerging technologies. Now that the agencies have resolved the jurisdictional matter and committed to work together on this matter, however, such matters may be further resolved in a manner that would promote development of this vast renewable energy resource.

Federal hydropower control was born to govern our navigable waterways. It grew up as a tool to speed electrification and develop mining and logging. But forces today are seeking to make federal hydropower law more sympathetic to wildlife preservation. More and more we discover that the commercial value of recreation and tourism on rivers and lakes rivals or exceeds that of traditional waterway interests, such as logging or barge traffic. Rivers like the Missouri and Snake place the question on the table: who is to say that campers, boaters and fishermen must defer to timber and shipping interests at FERC hearings.