16 U.S.C. § 818 — Public lands included in project; reserva-

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 navigable waters; ne- cessity 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 main- tain 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 (in- cluding 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 grant- ed pursuant to this chapter. Any person, asso- ciation, corporation, State, or municipality in- tending 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 con- struction file declaration of such intention with the Commission, whereupon the Commission shall cause immediate investigation of such pro- posed construction to be made, and if upon in- vestigation it shall find that the interests of interstate or foreign commerce would be af- fected by such proposed construction, such per- son, association, corporation, State, or munici- pality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a li- cense 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 modi- fication 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 ‘‘com- mence’’ refers to the beginning of physical on- site activity other than surveys or testing. (June 10, 1920, ch. 285, pt. I, § 23(b), 41 Stat. 1075; renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 210, 212, 49 Stat. 846, 847; Pub. L. 99–495, § 6, Oct. 16, 1986, 100 Stat. 1248.) Editorial Notes CODIFICATION Section consists of subsec. (b) of section 23 of act June 10, 1920, as so designated by act Aug. 26, 1935. Sub- sec. (a) of section 23 of act June 10, 1920, is set out as section 816 of this title. AMENDMENTS 1986—Pub. L. 99–495 designated existing provisions as par. (1) and added par. (2). 1935—Act Aug. 26, 1935, § 210, amended section gen- erally, inserting first sentence, and substituting ‘‘with foreign nations’’ for ‘‘between foreign nations’’, ‘‘shall before such construction’’ for ‘‘may in their discretion’’ and ‘‘shall not construct, maintain, or operate such dam or other project works’’ for ‘‘shall not proceed with such construction’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–495 applicable to licenses, permits, and exemptions without regard to when issued, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title. § 818. Public lands included in project; reserva- tion of lands from entry Any lands of the United States included in any proposed project under the provisions of this subchapter shall from the date of filing of appli- cation therefor be reserved from entry, location, or other disposal under the laws of the United States until otherwise directed by the Commis- sion or by Congress. Notice that such applica- tion has been made, together with the date of filing thereof and a description of the lands of the United States affected thereby, shall be filed in the local land office for the district in which such lands are located. Whenever the Commis- sion shall determine that the value of any lands of the United States so applied for, or heretofore or hereafter reserved or classified as power sites, will not be injured or destroyed for the purposes of power development by location, entry, or se- lection under the public-land laws, the Sec- 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,