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16 U.S.C. § 811 — Operation of navigation facilities; rules and regulations; penalties

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

16 U.S.C. § 811 — Operation of navigation facilities; rules and regulations; penalties

The Commission shall require the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate. The license applicant and any party to the proceeding shall be entitled to a determination on the record, after opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material fact with respect to such fishways. All disputed issues of material fact raised by any party shall be determined in a single trial-type hearing to be conducted by the relevant resource agency in accordance with the regulations promulgated under this subsection 11 So in original. Probably should be “section”. and within the time frame established by the Commission for each license proceeding. Within 90 days of August 8, 2005, the Secretaries of the Interior, Commerce, and Agriculture shall establish jointly, by rule, the procedures for such expedited trial-type hearing, including the opportunity to undertake discovery and cross-examine witnesses, in consultation with the Federal Energy Regulatory Commission. The operation of any navigation facilities which may be constructed as a part of or in connection with any dam or diversion structure built under the provisions of this chapter, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation, including the control of the level of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army; and for willfu

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Stable record: federal_law:legal_authorities:record_usc_770b11deebb4d4fb9d700bb7
Source file: Laws/federal/codes/united-states-code/title-16/section-811-operation-of-navigation-facilities-rules-and-regulations-penalties--8fdd918f1e.md
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Passage SHA-256: f5a941c3bf9df9aafb549180e2dcb6854172d251b493f3645c5fc737164bf195

Source location: Title 16, Chapter 12, § 811; chapter-012-federal-regulation-and-development-of-power.md

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The Commission shall require the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate. The license applicant and any party to the proceeding shall be entitled to a determination on the record, after opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material fact with respect to such fishways. All disputed issues of material fact raised by any party shall be determined in a single trial-type hearing to be conducted by the relevant resource agency in accordance with the regulations promulgated under this subsection 11 So in original. Probably should be “section”. and within the time frame established by the Commission for each license proceeding. Within 90 days of August 8, 2005, the Secretaries of the Interior, Commerce, and Agriculture shall establish jointly, by rule, the procedures for such expedited trial-type hearing, including the opportunity to undertake discovery and cross-examine witnesses, in consultation with the Federal Energy Regulatory Commission. The operation of any navigation facilities which may be constructed as a part of or in connection with any dam or diversion structure built under the provisions of this chapter, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation, including the control of the level of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army; and for willful failure to comply with any such rule or regulation such licensee shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 825o of this title.

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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

49 U.S.C. § 108 — Pipeline and Hazardous Materials Safety Administration

**(a) In General.—** The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation. **(b) Safety as Highest Priority.—** In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation. **(c) Administrator.—** The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation. **(d) Deputy Administrator.—** The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. **(e) Chief Safety Officer.—** The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. **(f) Duties and Powers of the Administrator.—** The Administrator shall carry out— (1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and (2) other duties and powers prescribed by the Secretary. **(g) Limitation.—**

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 108

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

16 U.S.C. § 823d — Alternative conditions and prescriptions

**(a) Alternative conditions** (1) Whenever any person applies for a license for any project works within any reservation of the United States, and the Secretary of the department under whose supervision such reservation falls (referred to in this subsection as the “Secretary”) deems a condition to such license to be necessary under the first proviso of [section 797(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section797/e&num=0&edition=prelim), the license applicant or any other party to the license proceeding may propose an alternative condition. (2) Notwithstanding the first proviso of [section 797(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section797/e&num=0&edition=prelim), the Secretary shall accept the proposed alternative condition referred to in paragraph (1), and the Commission shall include in the license such alternative condition, if the Secretary determines, based on substantial evidence provided by the license applicant, any other party to the proceeding, or otherwise available to the Secretary, that such alternative condition— (A) provides for the adequate protection and utilization of the reservation; and (B) will either, as compared to the condition initially by the Secretary— (i) cost significantly less to implement; or (ii) result in improved operation of the project works for electricity production. (3) In making a determination under paragraph (2), the Secretary shall consider evidence provided for the record by any party to a licensing proceeding, or otherwise available to the Secretary, including any evidence provided by the Commission, on the implementation costs or operational impacts for electricity production of a proposed alternative. (4

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 823d

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

16 U.S.C. § 811 — Operation of navigation facilities; rules

Page 1385 TITLE 16—CONSERVATION § 811 1 So in original. Probably should be ‘‘section’’. month so delinquent with an additional penalty of 3 per centum for each subsequent month until the total of the charges and penalties are paid or until the license is canceled and the charges and penalties satisfied in accordance with law. (June 10, 1920, ch. 285, pt. I, § 17, 41 Stat. 1072; re- numbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 208, 212, 49 Stat. 845, 847; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes REFERENCES IN TEXT The Act of Congress known as the Reclamation Act, approved June 17, 1902, referred to in subsec. (a), prob- ably means act June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables. The reclamation fund created by that Act was established by section 391 of Title 43. AMENDMENTS 1935—Act Aug. 26, 1935, § 208, amended section gen- erally, designating existing provisions as subsec. (a), inserting ‘‘except charges fixed by the Commission for the purpose of reimbursing the United States for the costs of administration of this Part,’’, substituting ‘‘national forests’’ for ‘‘national monuments, national forests, and national parks’’ wherever appearing, in- serting last sentence relating to payment of proceeds of charges into Treasury, and adding subsec. (b). Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501.

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 811

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