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16 U.S.C. § 800 — Issuance of preliminary permits or licenses
Federal law — U.S. Code and appendices · legal_authorities
**(a) Preference** In issuing preliminary permits hereunder or original licenses where no preliminary permit has been issued, the Commission shall give preference to applications therefor by States, Indian tribes, and municipalities, provided the plans for the same are deemed by the Commission equally well adapted, or shall within a reasonable time to be fixed by the Commission be made equally well adapted, to conserve and utilize in the public interest the water resources of the region; and as between other applicants, the Commission may give preference to the applicant the plans of which it finds and determines are best adapted to develop, conserve, and utilize in the public interest the water resources of the region, if it be satisfied as to the ability of the applicant to carry out such plans.
**(b) Development of water resources by United States; reports** Whenever, in the judgment of the Commission, the development of any water resources for public purposes should be undertaken by the United States itself, the Commission shall not approve any application for any project affecting such development, but shall cause to be made such examinations, surveys, reports, plans, and estimates of the cost of the proposed development as it may find necessary, and shall submit its findings to Congress with such recommendations as it may find appropriate concerning such development.
**(c) Assumption of project by United States after expiration of license** Whenever, after notice and opportunity for hearing, the Commission determines that the United States should exercise its right upon or after the expiration of any license to take over any project or projects for public purposes, the Commission shall not issue a new license to the original licensee or to a new licensee but sha
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Stable record: federal_law:legal_authorities:record_usc_4707e521d81ed66485b320e5
Source file: Laws/federal/codes/united-states-code/title-16/section-800-issuance-of-preliminary-permits-or-licenses--0d1520c414.md
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Source location: Title 16, Chapter 12, § 800; chapter-012-federal-regulation-and-development-of-power.md
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**(a) Preference** In issuing preliminary permits hereunder or original licenses where no preliminary permit has been issued, the Commission shall give preference to applications therefor by States, Indian tribes, and municipalities, provided the plans for the same are deemed by the Commission equally well adapted, or shall within a reasonable time to be fixed by the Commission be made equally well adapted, to conserve and utilize in the public interest the water resources of the region; and as between other applicants, the Commission may give preference to the applicant the plans of which it finds and determines are best adapted to develop, conserve, and utilize in the public interest the water resources of the region, if it be satisfied as to the ability of the applicant to carry out such plans.
**(b) Development of water resources by United States; reports** Whenever, in the judgment of the Commission, the development of any water resources for public purposes should be undertaken by the United States itself, the Commission shall not approve any application for any project affecting such development, but shall cause to be made such examinations, surveys, reports, plans, and estimates of the cost of the proposed development as it may find necessary, and shall submit its findings to Congress with such recommendations as it may find appropriate concerning such development.
**(c) Assumption of project by United States after expiration of license** Whenever, after notice and opportunity for hearing, the Commission determines that the United States should exercise its right upon or after the expiration of any license to take over any project or projects for public purposes, the Commission shall not issue a new license to the original licensee or to a new licensee but shall submit its recommendation to Congress together with such information as it may consider appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Relicensing procedures; terms and conditions; issuance to applicant with proposal best adapted to serve public interest; factors considered**
(1) If the United States does not, at the expiration of the existing license, exercise its right to take over, maintain, and operate any project or projects of the licensee, as provided in [section 807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section807&num=0&edition=prelim), the commission is authorized to issue a new license to the existing licensee upon such terms and conditions as may be authorized or required under the then existing laws and regulations, or to issue a new license under said terms and conditions to a new licensee, which license may cover any project or projects covered by the existing license, and shall be issued on the condition that the new licensee shall, before taking possession of such project or projects, pay such amount, and assume such contracts as the United States is required to do in the manner specified in [section 807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section807&num=0&edition=prelim): Provided, That in the event the United States does not exercise the right to take over or does not issue a license to a new licensee, or issue a new license to the existing licensee, upon reasonable terms, then the commission shall issue from year to year an annual license to the then licensee under the terms and conditions of the existing license until the property is taken over or a new license is issued as aforesaid.
(2) Any new license issued under this section shall be issued to the applicant having the final proposal which the Commission determines is best adapted to serve the public interest, except that in mak
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 808
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Federal law — U.S. Code and appendices · legal_authorities
The Commission is authorized and empowered—
**(a) Investigations and data** To make investigations and to collect and record data concerning the utilization of the water resources of any region to be developed, the water-power industry and its relation to other industries and to interstate or foreign commerce, and concerning the location, capacity, development costs, and relation to markets of power sites, and whether the power from Government dams can be advantageously used by the United States for its public purposes, and what is a fair value of such power, to the extent the Commission may deem necessary or useful for the purposes of this chapter.
**(b) Statements as to investment of licensees in projects; access to projects, maps, etc.** To determine the actual legitimate original cost of and the net investment in a licensed project, and to aid the Commission in such determinations, each licensee shall, upon oath, within a reasonable period of time to be fixed by the Commission, after the construction of the original project or any addition thereto or betterment thereof, file with the Commission in such detail as the Commission may require, a statement in duplicate showing the actual legitimate original cost of construction of such project addition, or betterment, and of the price paid for water rights, rights-of-way, lands, or interest in lands. The licensee shall grant to the Commission or to its duly authorized agent or agents, at all reasonable times, free access to such project, addition, or betterment, and to all maps, profiles, contracts, reports of engineers, accounts, books, records, and all other papers and documents relating thereto. The statement of actual legitimate original cost of said project, and revisions thereof as determined by the Commission, s
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “Director” means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.
(2) The term “Indian land” means—
(A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria;
(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
(i) in trust by the United States for the benefit of an Indian tribe or an individual Indian;
(ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
(iii) by a dependent Indian community;
(C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.), or that was conveyed by the United States to a Native Corporation in exchange for such land;
(D) any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim))); and
(E) any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village.
(3) The term “Indian reservation” includes—
(A) an Indian reservation in existence in any State or States as of August 8, 2005;
(B) a public domain Indian allotment; and
(C) a dependent Indian community located within the borders of the United States, regardless of whether the community is
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
Page 1375
TITLE 16—CONSERVATION
§ 800
as the Commission shall prescribe in conformity
with this chapter, which said terms and condi-
tions and the acceptance thereof shall be ex-
pressed in said license. Licenses may be revoked
only for the reasons and in the manner pre-
scribed under the provisions of this chapter, and
may be altered or surrendered only upon mutual
agreement between the licensee and the Com-
mission after thirty days’ public notice.
(June 10, 1920, ch. 285, pt. I, § 6, 41 Stat. 1067; re-
numbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§ 204, 212, 49 Stat. 841, 847; Pub. L.
104–106, div. D, title XLIII, § 4321(i)(6), Feb. 10,
1996, 110 Stat. 676; Pub. L. 104–316, title I, § 108(a),
Oct. 19, 1996, 110 Stat. 3832; Pub. L. 105–192, § 2,
July 14, 1998, 112 Stat. 625.)
Editorial Notes
AMENDMENTS
1998—Pub. L. 105–192 inserted at end ‘‘Licenses may be
revoked only for the reasons and in the manner pre-
scribed under the provisions of this chapter, and may
be altered or surrendered only upon mutual agreement
between the licensee and the Commission after thirty
days’ public notice.’’
1996—Pub. L. 104–316 struck out at end ‘‘Licenses may
be revoked only for the reasons and in the manner pre-
scribed under the provisions of this chapter, and may
be altered or surrendered only upon mutual agreement
between the licensee and the Commission after thirty
days’ public notice.’’
Pub. L. 104–106 struck out at end ‘‘Copies of all li-
censes issued under the provisions of this subchapter
and calling for the payment of annual charges shall be
deposited with the General Accounting Office, in com-
pliance with section 20 of title 41.’’
1935—Act Aug. 26, 1935, § 204, amended section gen-
erally, substituting ‘‘thirty days’’ for ‘‘ninety days
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 800
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