Browse Arkansas Code titles and sections

16 U.S.C. § 807 — Right of Government to take over project works

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

16 U.S.C. § 807 — Right of Government to take over project works

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 807

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 0903642b41e5b46f5a10e757c1a53bbb6501485f723afb07f73b95c0658eb224. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_dd557e76d8a552483e15216f
Source file: Laws/federal/codes/united-states-code/title-16/section-807-right-of-government-to-take-over-project-works--72af346417.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2d24bbd85c94513c7b17e69aa2faa6bb72c47b17b90b3e1a9778610248884a63

Source location: Title 16, Chapter 12, § 807; chapter-012-federal-regulation-and-development-of-power.md

Stored source content

**(a) Compensation; condemnation by Federal or State Government** Upon not less than two years’ notice in writing from the commission the United States shall have the right upon or after the expiration of any license to take over and thereafter to maintain and operate any project or projects as defined in [section 796 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section796&num=0&edition=prelim), and covered in whole or in part by the license, or the right to take over upon mutual agreement with the licensee all property owned and held by the licensee then valuable and serviceable in the development, transmission, or distribution of power and which is then dependent for its usefulness upon the continuance of the license, together with any lock or locks or other aids to navigation constructed at the expense of the licensee, upon the condition that before taking possession it shall pay the net investment of the licensee in the project or projects taken, not to exceed the fair value of the property taken, plus such reasonable damages, if any, to property of the licensee valuable, serviceable, and dependent as above set forth but not taken, as may be caused by the severance therefrom of property taken, and shall assume all contracts entered into by the licensee with the approval of the Commission. The net investment of the licensee in the project or projects so taken and the amount of such severance damages, if any, shall be determined by the Commission after notice and opportunity for hearing. Such net investment shall not include or be affected by the value of any lands, rights-of-way, or other property of the United States licensed by the Commission under this chapter, by the license or by good will, going value, or prospective revenues; nor shall the values allowed for water rights, rights-of-way, lands, or interest in lands be in excess of the actual reasonable cost thereof at the time of acquisition by the licensee: Provided, That the right of the United States or any State or municipality to take over, maintain, and operate any project licensed under this chapter at any time by condemnation proceedings upon payment of just compensation is expressly reserved. **(b) Relicensing proceedings; Federal agency recommendations of take over by Government; stay of orders for new licenses; termination of stay; notice to Congress** In any relicensing proceeding before the Commission any Federal department or agency may timely recommend, pursuant to such rules as the Commission shall prescribe, that the United States exercise its right to take over any project or projects. Thereafter, the Commission, if its 11 So in original. Probably should be “it”. does not itself recommend such action pursuant to the provisions of [section 800(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section800/c&num=0&edition=prelim), shall upon motion of such department or agency stay the effective date of any order issuing a license, except an order issuing an annual license in accordance with the proviso of [section 808(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section808/a&num=0&edition=prelim), for two years after the date of issuance of such order, after which period the stay shall terminate, unless terminated earlier upon motion of the department or agency requesting the stay or by action of Congress. The Commission shall notify the Congress of any stay granted pursuant to this subsection.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

16 U.S.C. § 796 — Definitions

The words defined in this section shall have the following meanings for purposes of this chapter, to wit: (1) “public lands” means such lands and interest in lands owned by the United States as are subject to private appropriation and disposal under public land laws. It shall not include “reservations”, as hereinafter defined; (2) “reservations” means national forests, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws; also lands and interests in lands acquired and held for any public purposes; but shall not include national monuments or national parks; (3) “corporation” means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include “municipalities” as hereinafter defined; (4) “person” means an individual or a corporation; (5) “licensee” means any person, State, or municipality licensed under the provisions of [section 797 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section797&num=0&edition=prelim), and any assignee or successor in interest thereof; (6) “State” means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States; (7) “municipality” means a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power; (8) “navigable waters” means those parts

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 796

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 808

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 797

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

16 U.S.C. § 820 — Proceedings for revocation of license or to prevent violations of license

The Attorney General may, on request of the commission or of the Secretary of the Army, institute proceedings in equity in the district court of the United States in the district in which any project or part thereof is situated for the purpose of revoking for violation of its terms any permit or license issued hereunder, or for the purpose of remedying or correcting by injunction, mandamus, or other process any act of commission or omission in violation of the provisions of this chapter or of any lawful regulation or order promulgated hereunder. The district courts shall have jurisdiction over all of the above-mentioned proceedings and shall have power to issue and execute all necessary process and to make and enforce all writs, orders and decrees to compel compliance with the lawful orders and regulations of the commission and of the Secretary of the Army, and to compel the performance of any condition imposed under the provisions of this chapter. In the event a decree revoking a license is entered, the court is empowered to sell the whole or any part of the project or projects under license, to wind up the business of such licensee conducted in connection with such project or projects, to distribute the proceeds to the parties entitled to the same, and to make and enforce such further orders and decrees as equity and justice may require. At such sale or sales the vendee shall take the rights and privileges belonging to the licensee and shall perform the duties of such licensee and assume all outstanding obligations and liabilities of the licensee which the court may deem equitable in the premises; and at such sale or sales the United States may become a purchaser, but it shall not be required to pay a greater amount than it would be required to pay under the provision

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 820

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

16 U.S.C. § 828b — Exemption from formula, books and records, and project cost statement requirements; annual charges

[Section 807 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section807&num=0&edition=prelim) pertaining to the taking over by the United States of any project upon or after the expiration of a license, and sections 825 and 825a of this title requiring certain records and accounting procedures and [section 797(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section797/b&num=0&edition=prelim) requiring the preparation and filing of the statement of actual legitimate original cost of a project, shall not be applicable to any project owned by a State or municipality, and such rights and requirements shall not exist under any license heretofore or hereafter granted to any State or municipality. The Secretary of Energy in determining the amount of annual charges applicable to any such project may determine the annual charges with reference to the actual cost of services incurred by the Secretary with respect to the project.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 828b

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

16 U.S.C. § 807 — Right of Government to take over project

Page 1381 TITLE 16—CONSERVATION § 807 1 So in original. Probably should be ‘‘it’’. project works, or of any specified part thereof, within the time prescribed in the license or as extended by the commission, then, after due no- tice given, the license shall, as to such project works or part thereof, be terminated upon writ- ten order of the commission. In case the con- struction of the project works, or of any speci- fied part thereof, has been begun but not com- pleted within the time prescribed in the license, or as extended by the commission, then the At- torney General, upon the request of the commis- sion, shall institute proceedings in equity in the district court of the United States for the dis- trict in which any part of the project is situated for the revocation of said license, the sale of the works constructed, and such other equitable re- lief as the case may demand, as provided for in section 820 of this title. (June 10, 1920, ch. 285, pt. I, § 13, 41 Stat. 1071; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; amended Pub. L. 115–270, title III, § 3001(b), Oct. 23, 2018, 132 Stat. 3862.) Editorial Notes REFERENCES IN TEXT Proceedings in equity, referred to in text, were abol- ished by the adoption of rule 2 of the Federal Rules of Civil Procedure, set out in the Appendix to Title 28, Ju- diciary and Judicial Procedure, which provided that ‘‘there shall be one form of action to be known as ‘civil action’ ’’. AMENDMENTS 2018—Pub. L. 115–270 substituted ‘‘for not more than 8 additional years,’’ for ‘‘once but not longer than two additional years’’ in second sentence. § 807. Right of Government to take over project works (a) Compensation; condemnation by Federal or State Government Upon not less than two yea

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 807

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.