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16 U.S.C. § 802 — Information to accompany application for license; landowner notification

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 802 — Information to accompany application for license; landowner notification

**(a)** Each applicant for a license under this chapter shall submit to the commission— (1) Such maps, plans, specifications, and estimates of cost as may be required for a full understanding of the proposed project. Such maps, plans, and specifications when approved by the commission shall be made a part of the license; and thereafter no change shall be made in said maps, plans, or specifications until such changes shall have been approved and made a part of such license by the commission. (2) Satisfactory evidence that the applicant has complied with the requirements of the laws of the State or States within which the proposed project is to be located with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes and with respect to the right to engage in the business of developing, transmitting and distributing power, and in any other business necessary to effect the purposes of a license under this chapter. (3) 11 See Codification note below. Such additional information as the commission may require. **(b)** Upon the filing of any application for a license (other than a license under [section 808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section808&num=0&edition=prelim)) the applicant shall make a good faith effort to notify each of the following by certified mail: (1) Any person who is an owner of record of any interest in the property within the bounds of the project. (2) Any Federal, State, municipal or other local governmental agency likely to be interested in or affected by such application.

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Stable record: federal_law:legal_authorities:record_usc_661945b4b5b7c2211ab650a5
Source file: Laws/federal/codes/united-states-code/title-16/section-802-information-to-accompany-application-for-license-landowner-notification--237b6e5456.md
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Source location: Title 16, Chapter 12, § 802; chapter-012-federal-regulation-and-development-of-power.md

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**(a)** Each applicant for a license under this chapter shall submit to the commission— (1) Such maps, plans, specifications, and estimates of cost as may be required for a full understanding of the proposed project. Such maps, plans, and specifications when approved by the commission shall be made a part of the license; and thereafter no change shall be made in said maps, plans, or specifications until such changes shall have been approved and made a part of such license by the commission. (2) Satisfactory evidence that the applicant has complied with the requirements of the laws of the State or States within which the proposed project is to be located with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes and with respect to the right to engage in the business of developing, transmitting and distributing power, and in any other business necessary to effect the purposes of a license under this chapter. (3) 11 See Codification note below. Such additional information as the commission may require. **(b)** Upon the filing of any application for a license (other than a license under [section 808 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section808&num=0&edition=prelim)) the applicant shall make a good faith effort to notify each of the following by certified mail: (1) Any person who is an owner of record of any interest in the property within the bounds of the project. (2) Any Federal, State, municipal or other local governmental agency likely to be interested in or affected by such application.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 808 — New licenses and renewals

**(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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 797 — General powers of Commission

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

16 U.S.C. § 802 — Information to accompany application for

Page 1376 TITLE 16—CONSERVATION § 801 1 See Codification note below. 1 So in original. Probably should be followed by ‘‘; and’’. ‘‘(2) an application for an original license, if the Commission has issued a notice accepting that appli- cation for filing pursuant to section 4.32(d) of title 18, Code of Federal Regulations (or successor regula- tions), before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017.’’ DEFINITION OF INDIAN TRIBE Pub. L. 115–325, title II, § 201(c), Dec. 18, 2018, 132 Stat. 4459, provided that: ‘‘For purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection (a)), the term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 5304).’’ § 801. Transfer of license; obligations of trans- feree No voluntary transfer of any license, or of the rights thereunder granted, shall be made with- out the written approval of the commission; and any successor or assign of the rights of such li- censee, whether by voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall be sub- ject to all the conditions of the license under which such rights are held by such licensee and also subject to all the provisions and conditions of this chapter to the same extent as though such successor or assign were the original li- censee under this chapter: Provided, That a mortgage or trust deed or judicial sales made thereunder or under tax sales shall not be deemed voluntary transfers within the meaning of this section. (June 10, 1920, ch. 285, pt. I, § 8, 41 Stat. 1068; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) § 802. Information to a

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