The relation of the dams to Olympic National Park

Both dams were in place when Olympic National Park was created in 1938. The boundaries of the Park include the Glines Project, although the legislation setting up the park does not mention it. The Federal Power Act appears to "grandfather in" the dam but also seems to deny FERC jurisdiction to relicense Glines.

The Department of the Interior took the position that FERC currently lacks such jurisdiction and proposed a legislative compromise. The Sierra Club, Friends of the Earth, the Seattle Audubon Society and Olympic Park Associates also took the position that the dams must come out.

FERC ruled that it had jurisdiction to relicense Glines Dam and an appeal followed. When the Elwha River Ecosystem and Fisheries Restoration Act was passed, the jurisdiction issue was before the Ninth Circuit Court of Appeals. That appeal was subsequently placed on hold because it was hoped implementation of the Act would dispose of the issue.

The Elwha River Ecosystem and Fisheries Restoration Act

In October, 1992, President Bush signed Public Law Number 102-495, the Elwha River Ecosystem and Fisheries Restoration Act. That act directed the Secretary of the Interior to study and report to Congress on river restoration alternatives and authorized him to acquire and remove the dams if he found it necessary in 1994 the Secretary reported to Congress that dam removal was necessary to restore the river to its natural, self-regulating state. In the period 1994-1996 the Secretary completed an environmental impact statement and record of decision in favor of dam removal and an environmental impact statement and record of decision choosing a preferred method of dam removal.