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16 U.S.C. § 816 — Preservation of rights vested prior to June 10, 1920

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

16 U.S.C. § 816 — Preservation of rights vested prior to June 10, 1920

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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Source file: Laws/federal/codes/united-states-code/title-16/section-816-preservation-of-rights-vested-prior-to-june-10-1920--cb9202b6c0.md
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Source location: Title 16, Chapter 12, § 816; chapter-012-federal-regulation-and-development-of-power.md

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

16 U.S.C. § 817 — Projects not affecting navigable waters; necessity for Federal license, permit or right-of-way; unauthorized activities

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

16 U.S.C. § 816 — Preservation of rights vested prior to June

Page 1387 TITLE 16—CONSERVATION § 816 1 So in original. Probably should be followed by a colon. of securities by the parties included within this section, and securities issued by the licensee subject to such regulations shall be allowed only for the bona fide purpose of financing and con- ducting the business of such licensee. The administration of the provisions of this section, so far as applicable, shall be according to the procedure and practice in fixing and regu- lating the rates, charges, and practices of rail- road companies as provided in subtitle IV of title 49, and the parties subject to such regula- tion shall have the same rights of hearing, de- fense, and review as said companies in such cases. In any valuation of the property of any li- censee hereunder for purposes of rate making, no value shall be claimed by the licensee or al- lowed by the commission for any project or projects under license in excess of the value or values prescribed in section 807 of this title for the purposes of purchase by the United States, but there shall be included the cost to such li- censee of the construction of the lock or locks or other aids of navigation and all other capital expenditures required by the United States, and no value shall be claimed or allowed for the rights granted by the commission or by this chapter. (June 10, 1920, ch. 285, pt. I, § 20, 41 Stat. 1073; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) Editorial Notes CODIFICATION ‘‘Subtitle IV of title 49’’ substituted in text for ‘‘the Act to regulate commerce, approved February 4, 1887, as amended’’ on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation. §

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