16 U.S.C. § 810 — Disposition of charges arising from li-

Page 1384 TITLE 16—CONSERVATION § 809 works for nonpower use. A license for nonpower use shall be issued to a new licensee only on the condition that the new licensee shall, before taking possession of the facilities encompassed thereunder, 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. Any license for nonpower use shall be a temporary license. Whenever, in the judgment of the Commission, a State, municipality, inter- state agency, or another Federal agency is au- thorized and willing to assume regulatory super- vision of the lands and facilities included under the nonpower license and does so, the Commis- sion shall thereupon terminate the license. Con- sistent with the provisions of subchapter IV of this chapter, every licensee for nonpower use shall keep such accounts and file such annual and other periodic or special reports concerning the removal, alteration, nonpower use, or other disposition of any project works or parts thereof covered by the nonpower use license as the Com- mission may by rules and regulations or order prescribe as necessary or appropriate. (June 10, 1920, ch. 285, pt. I, § 15, 41 Stat. 1072; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Pub. L. 90–451, § 3, Aug. 3, 1968, 82 Stat. 617; Pub. L. 99–495, §§ 4(a), (b)(1), 5, Oct. 16, 1986, 100 Stat. 1245, 1248.) Editorial Notes AMENDMENTS 1986—Subsec. (a). Pub. L. 99–495, § 4(a), (b)(1), des- ignated existing provisions as par. (1), substituted ‘‘ex- isting’’ for ‘‘original’’ wherever appearing, and added pars. (2) and (3). Subsecs. (b) to (f). Pub. L. 99–495, §§ 4(a), 5, added sub- secs. (b) to (e) and redesignated former subsec. (b) as (f). 1968—Pub. L. 90–451 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title. § 809. Temporary use by Government of project works for national safety; compensation for use When in the opinion of the President of the United States, evidenced by a written order ad- dressed to the holder of any license under this chapter, the safety of the United States de- mands it, the United States shall have the right to enter upon and take possession of any project or part thereof, constructed, maintained, or op- erated under said license, for the purpose of manufacturing nitrates, explosives, or muni- tions of war, or for any other purpose involving the safety of the United States, to retain posses- sion, management, and control thereof for such length of time as may appear to the President to be necessary to accomplish said purposes, and then to restore possession and control to the party or parties entitled thereto; and in the event that the United States shall exercise such right it shall pay to the party or parties entitled thereto just and fair compensation for the use of said property as may be fixed by the commission upon the basis of a reasonable profit in time of peace, and the cost of restoring said property to as good condition as existed at the time of the taking over thereof, less the reasonable value of any improvements that may be made thereto by the United States and which are valuable and serviceable to the licensee. (June 10, 1920, ch. 285, pt. I, § 16, 41 Stat. 1072; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) Statutory Notes and Related Subsidiaries TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, pro- vided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of ter- mination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941. § 810. Disposition of charges arising from li- censes (a) Receipts from charges All proceeds from any Indian reservation shall be placed to the credit of the Indians of such res- ervation. All other charges arising from licenses hereunder, except charges fixed by the Commis- sion for the purpose of reimbursing the United States for the costs of administration of this subchapter, shall be paid into the Treasury of the United States, subject to the following dis- tribution: 121⁄2 per centum thereof is hereby ap- propriated to be paid into the Treasury of the United States and credited to ‘‘Miscellaneous re- ceipts’’; 50 per centum of the charges arising from licenses hereunder for the occupancy and use of public lands and national forests shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the Act of Con- gress known as the Reclamation Act, approved June 17, 1902; and 371⁄2 per centum of the charges arising from licenses hereunder for the occu- pancy and use of national forests and public lands from development within the boundaries of any State shall be paid by the Secretary of the Treasury to such State; and 50 per centum of the charges arising from all other licenses here- under is reserved and appropriated as a special fund in the Treasury to be expended under the direction of the Secretary of the Army in the maintenance and operation of dams and other navigation structures owned by the United States or in the construction, maintenance, or operation of headwater or other improvements of navigable waters of the United States. The proceeds of charges made by the Commission for the purpose of reimbursing the United States for the costs of the administration of this sub- chapter shall be paid into the Treasury of the United States and credited to miscellaneous re- ceipts. (b) Delinquent payments In case of delinquency on the part of any li- censee in the payment of annual charges a pen- alty of 5 per centum of the total amount so de- linquent may be added to the total charges which shall apply for the first month or part of 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. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. § 811. Operation of navigation facilities; rules and regulations; penalties The Commission shall require the construc- tion, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Depart- ment in which the Coast Guard is operating, and such fishways as may be prescribed by the Sec- retary of the Interior or the Secretary of Com- merce, 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 1 and within the time frame established by the Commission for each li- cense 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 con- sultation 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, includ- ing 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. (June 10, 1920, ch. 285, pt. I, § 18, 41 Stat. 1073; re- numbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 209, 212, 49 Stat. 845, 847; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; June 4, 1956, ch. 351, § 2, 70 Stat. 226; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 109–58, title II, § 241(b), Aug. 8, 2005, 119 Stat. 674.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted after first sentence ‘‘The license applicant and any party to the proceeding shall be entitled to a determination on the record, after op- portunity 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 regu- lations promulgated under this subsection 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 Com- mission.’’ 1956—Act June 4, 1956, substituted ‘‘Secretary of the Department in which the Coast Guard is operating’’ for ‘‘Secretary of War’’ in first sentence. 1935—Act Aug. 26, 1935, § 209, amended section gen- erally, inserting first sentence, striking out ‘‘Such rules and regulations may include the maintenance and operation of such licensee at its own expense of such lights and signals as may be directed by the Secretary of War, and such fishways as may be prescribed by the Secretary of Commerce.’’, and substituting section ‘‘825o’’ for section ‘‘819’’. 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. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army