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16 U.S.C. § 817 — Projects not affecting navigable waters; necessity for Federal license, permit or right-of-way; unauthorized activities
Federal law — U.S. Code and appendices · legal_authorities
(1) It shall be unlawful for any person, State, or municipality, for the purpose of developing electric power, to construct, operate, or maintain any dam, water conduit, reservoir, power house, or other works incidental thereto across, along, or in any of the navigable waters of the United States, or upon any part of the public lands or reservations of the United States (including the Territories), or utilize the surplus water or water power from any Government dam, except under and in accordance with the terms of a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to this chapter. Any person, association, corporation, State, or municipality intending to construct a dam or other project works, across, along, over, or in any stream or part thereof, other than those defined in this chapter as navigable waters, and over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States shall before such construction file declaration of such intention with the Commission, whereupon the Commission shall cause immediate investigation of such proposed construction to be made, and if upon investigation it shall find that the interests of interstate or foreign commerce would be affected by such proposed construction, such person, association, corporation, State, or municipality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a license under the provisions of this chapter. If the Commission shall not so find, and if no public lands or reservations are affected, permission is granted to construct such dam or other project works in such stream upon compliance with State laws.
(2) No person may co
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Source file: Laws/federal/codes/united-states-code/title-16/section-817-projects-not-affecting-navigable-waters-necessity-for-federal-license-pe--db531c5d20.md
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Source location: Title 16, Chapter 12, § 817; chapter-012-federal-regulation-and-development-of-power.md
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(1) It shall be unlawful for any person, State, or municipality, for the purpose of developing electric power, to construct, operate, or maintain any dam, water conduit, reservoir, power house, or other works incidental thereto across, along, or in any of the navigable waters of the United States, or upon any part of the public lands or reservations of the United States (including the Territories), or utilize the surplus water or water power from any Government dam, except under and in accordance with the terms of a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to this chapter. Any person, association, corporation, State, or municipality intending to construct a dam or other project works, across, along, over, or in any stream or part thereof, other than those defined in this chapter as navigable waters, and over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States shall before such construction file declaration of such intention with the Commission, whereupon the Commission shall cause immediate investigation of such proposed construction to be made, and if upon investigation it shall find that the interests of interstate or foreign commerce would be affected by such proposed construction, such person, association, corporation, State, or municipality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a license under the provisions of this chapter. If the Commission shall not so find, and if no public lands or reservations are affected, permission is granted to construct such dam or other project works in such stream upon compliance with State laws.
(2) No person may commence any significant modification of any project licensed under, or exempted from, this chapter unless such modification is authorized in accordance with terms and conditions of such license or exemption and the applicable requirements of this subchapter. As used in this paragraph, the term “commence” refers to the beginning of physical on-site activity other than surveys or testing.
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of this subchapter shall not be construed as affecting any permit or valid existing right-of-way granted prior to June 10, 1920, or as confirming or otherwise affecting any claim, or as affecting any authority heretofore given pursuant to law, but any person, association, corporation, State, or municipality holding or possessing such permit, right-of-way or authority may apply for a license under this chapter, and upon such application the Commission may issue to any such applicant a license in accordance with the provisions of this subchapter and in such case the provisions of this chapter shall apply to such applicant as a licensee under this chapter: Provided, That when application is made for a license under this section for a project or projects already constructed the fair value of said project or projects determined as provided in this section, shall for the purposes of this subchapter and of said license be deemed to be the amount to be allowed as the net investment of the applicant in such project or projects as of the date of such license, or as of the date of such determination, if license has not been issued. Such fair value shall be determined by the Commission after notice and opportunity for hearing.
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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
Page 1388
TITLE 16—CONSERVATION
§ 817
chapter and in such case the provisions of this
chapter shall apply to such applicant as a li-
censee under this chapter: Provided, That when
application is made for a license under this sec-
tion for a project or projects already con-
structed the fair value of said project or projects
determined as provided in this section, shall for
the purposes of this subchapter and of said li-
cense be deemed to be the amount to be allowed
as the net investment of the applicant in such
project or projects as of the date of such license,
or as of the date of such determination, if li-
cense has not been issued. Such fair value shall
be determined by the Commission after notice
and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, § 23(a), 41 Stat. 1075;
renumbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§ 210, 212, 49 Stat. 846, 847.)
Editorial Notes
CODIFICATION
Section consists of subsec. (a) of section 23 of act
June 10, 1920, as so designated by act Aug. 26, 1935. Sub-
sec. (b) of section 23 of act June 10, 1920, is set out as
section 817 of this title.
AMENDMENTS
1935—Act Aug. 26, 1935, § 210, amended section gen-
erally, substituting ‘‘part’’ for ‘‘chapter’’ wherever ap-
pearing, substituting ‘‘heretofore’’ for ‘‘then’’, and sub-
stituting the last sentence for ‘‘Such fair value may, in
the discretion of the commission, be determined by mu-
tual agreement between the commission and the appli-
cant or, in case they cannot agree, jurisdiction is here-
by conferred upon the district court of the United
States in the district within which such project or
projects may be located, upon the application of either
party, to hear and determine the amount of such fair
value.’’
§ 817. Projects not affecting
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