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

Page 1389 TITLE 16—CONSERVATION § 820 retary of the Interior, upon notice of such deter- mination, shall declare such lands open to loca- tion, entry, or selection, for such purpose or pur- poses and under such restrictions as the Com- mission may determine, subject to and with a reservation of the right of the United States or its permittees or licensees to enter upon, oc- cupy, and use any part or all of said lands nec- essary, in the judgment of the Commission, for the purposes of this subchapter, which right shall be expressly reserved in every patent issued for such lands; and no claim or right to compensation shall accrue from the occupation or use of any of said lands for said purposes. The United States or any licensee for any such lands hereunder may enter thereupon for the purposes of this subchapter, upon payment of any dam- ages to crops, buildings, or other improvements caused thereby to the owner thereof, or upon giving a good and sufficient bond to the United States for the use and benefit of the owner to se- cure the payment of such damages as may be de- termined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond to be in the form prescribed by the Commission: Provided, That locations, entries, selections, or filings heretofore made for lands reserved as water-power sites, or in connection with water-power development, or electrical transmission may proceed to approval or patent under and subject to the limitations and condi- tions in this section contained: Provided further, That before any lands applied for, or heretofore or hereafter reserved, or classified as power sites, are declared open to location, entry, or se- lection by the Secretary of the Interior, notice of intention to make such declaration shall be given to the Governor of the State within which such lands are located, and such State shall have ninety days from the date of such notice within which to file, under any statute or regu- lation applicable thereto, an application for the reservation to the State, or any political sub- division thereof, of any lands required as a right-of-way for a public highway or as a source of materials for the construction and mainte- nance of such highways, and a copy of such ap- plication shall be filed with the Federal Power Commission; and any location, entry, or selec- tion of such lands, or subsequent patent thereof, shall be subject to any rights granted the State pursuant to such application. (June 10, 1920, ch. 285, pt. I, § 24, 41 Stat. 1075; re- numbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 211, 212, 49 Stat. 846, 847; May 28, 1948, ch. 351, 62 Stat. 275.) Editorial Notes AMENDMENTS 1948—Act May 28, 1948, inserted second proviso in last sentence so that States may apply for reservations of portions of power sites released for entry, location, or selection to the States for highway purposes. 1935—Act Aug. 26, 1935, § 211, amended section gen- erally, inserting ‘‘for such purpose or purposes and under such restrictions as the commission may deter- mine’’, substituted ‘‘part’’ for ‘‘chapter’’ wherever ap- pearing, and striking out from proviso ‘‘prior to June 10, 1920’’ after ‘‘made’’. § 819. Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847 Section, act June 10, 1920, ch. 285, pt. I, § 25, 41 Stat. 1076, related to offenses and punishment. See section 825m et seq. of this title. § 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, in- stitute 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 regu- lation or order promulgated hereunder. The dis- trict 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 em- powered to sell the whole or any part of the project or projects under license, to wind up the business of such licensee conducted in connec- tion 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 liabil- ities of the licensee which the court may deem equitable in the premises; and at such sale or sales the United States may become a pur- chaser, but it shall not be required to pay a greater amount than it would be required to pay under the provisions of section 807 of this title at the termination of the license. (June 10, 1920, ch. 285, pt. I, § 26, 41 Stat. 1076; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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’ ’’. 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, Page 1390 TITLE 16—CONSERVATION § 821 1 So in original. Probably should be followed by a comma. 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. § 821. State laws and water rights unaffected Nothing contained in this chapter shall be construed as affecting or intending to affect or in any way to interfere with the laws of the re- spective States relating to the control, appro- priation, use, or distribution of water used in ir- rigation or for municipal or other uses, or any vested right acquired therein. (June 10, 1920, ch. 285, pt. I, § 27, 41 Stat. 1077; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) § 822. Reservation of right to alter or repeal chapter The right to alter, amend, or repeal this chap- ter is expressly reserved; but no such alteration, amendment, or repeal shall affect any license theretofore issued under the provisions of this chapter or the rights of any licensee thereunder. (June 10, 1920, ch. 285, pt. I, § 28, 41 Stat. 1077; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) § 823. Repeal of inconsistent laws All Acts or parts of Acts inconsistent with this chapter are repealed: Provided, That noth- ing contained herein shall be held or construed to modify or repeal any of the provisions of the Act of Congress approved December 19, 1913, granting certain rights-of-way to the city and county of San Francisco, in the State of Cali- fornia. (June 10, 1920, ch. 285, pt. I, § 29, 41 Stat. 1077; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act June 10, 1920, which is classified generally to this chapter. The Act of Congress approved December 19, 1913, re- ferred to in text, was not classified to the Code. CODIFICATION As originally enacted, this section contained the fur- ther proviso: ‘‘That section 18 of an Act making appro- priations for the construction, repair and preservation, of certain public works on rivers and harbors, and for other purposes, approved August 8, 1917, is hereby re- pealed.’’ § 823a. Conduit hydroelectric facilities (a) Qualifying conduit hydropower facilities (1) A qualifying conduit hydropower facility shall not be required to be licensed under this subchapter. (2)(A) Any person, State, or municipality pro- posing to construct a qualifying conduit hydro- power facility shall file with the Commission a notice of intent to construct such facility. The notice shall include sufficient information to demonstrate that the facility meets the quali- fying criteria. (B) Not later than 15 days after receipt of a no- tice of intent filed under subparagraph (A), the Commission shall— (i) make an initial determination as to whether the facility meets the qualifying cri- teria; and (ii) if the Commission makes an initial de- termination, pursuant to clause (i), that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A). (C) If, not later than 30 days after the date of publication of the public notice described in sub- paragraph (B)(ii)— (i) an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets such criteria; or (ii) no entity contests whether the facility meets the qualifying criteria, the facility shall be deemed to meet such criteria. (3) For purposes of this section: (A) The term ‘‘conduit’’ means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is op- erated for the distribution of water for agri- cultural, municipal, or industrial consumption and not primarily for the generation of elec- tricity. (B) The term ‘‘qualifying conduit hydro- power facility’’ means a facility (not including any dam or other impoundment) that is deter- mined or deemed under paragraph (2)(C) to meet the qualifying criteria. (C) The term ‘‘qualifying criteria’’ means, with respect to a facility— (i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit; (ii) the facility has an installed capacity that does not exceed 40 megawatts; and (iii) on or before August 9, 2013, the facility is not licensed under, or exempted from the license requirements contained in, this sub- chapter. (b) Exemption qualifications Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this subchapter, including any license requirements contained in this sub- chapter, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order— (1) utilizes for such generation only the hy- droelectric potential of a conduit; and (2) has an installed capacity that does not exceed 40 megawatts. (c) Consultation with Federal and State agencies In making the determination under subsection (b) the Commission shall consult with the United States Fish and Wildlife Service 1 Na- tional Marine Fisheries Service 1 and the State