16 U.S.C. § 800 — Issuance of preliminary permits or licenses

Page 1375 TITLE 16—CONSERVATION § 800 as the Commission shall prescribe in conformity with this chapter, which said terms and condi- tions and the acceptance thereof shall be ex- pressed in said license. Licenses may be revoked only for the reasons and in the manner pre- scribed under the provisions of this chapter, and may be altered or surrendered only upon mutual agreement between the licensee and the Com- mission after thirty days’ public notice. (June 10, 1920, ch. 285, pt. I, § 6, 41 Stat. 1067; re- numbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 204, 212, 49 Stat. 841, 847; Pub. L. 104–106, div. D, title XLIII, § 4321(i)(6), Feb. 10, 1996, 110 Stat. 676; Pub. L. 104–316, title I, § 108(a), Oct. 19, 1996, 110 Stat. 3832; Pub. L. 105–192, § 2, July 14, 1998, 112 Stat. 625.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–192 inserted at end ‘‘Licenses may be revoked only for the reasons and in the manner pre- scribed under the provisions of this chapter, and may be altered or surrendered only upon mutual agreement between the licensee and the Commission after thirty days’ public notice.’’ 1996—Pub. L. 104–316 struck out at end ‘‘Licenses may be revoked only for the reasons and in the manner pre- scribed under the provisions of this chapter, and may be altered or surrendered only upon mutual agreement between the licensee and the Commission after thirty days’ public notice.’’ Pub. L. 104–106 struck out at end ‘‘Copies of all li- censes issued under the provisions of this subchapter and calling for the payment of annual charges shall be deposited with the General Accounting Office, in com- pliance with section 20 of title 41.’’ 1935—Act Aug. 26, 1935, § 204, amended section gen- erally, substituting ‘‘thirty days’’ for ‘‘ninety days’’ in third sentence and inserting last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of Title 10, Armed Forces. § 800. Issuance of preliminary permits or licenses (a) Preference In issuing preliminary permits hereunder or original licenses where no preliminary permit has been issued, the Commission shall give pref- erence to applications therefor by States, Indian tribes, and municipalities, provided the plans for the same are deemed by the Commission equally well adapted, or shall within a reasonable time to be fixed by the Commission be made equally well adapted, to conserve and utilize in the pub- lic interest the water resources of the region; and as between other applicants, the Commis- sion may give preference to the applicant the plans of which it finds and determines are best adapted to develop, conserve, and utilize in the public interest the water resources of the re- gion, if it be satisfied as to the ability of the ap- plicant to carry out such plans. (b) Development of water resources by United States; reports Whenever, in the judgment of the Commission, the development of any water resources for pub- lic purposes should be undertaken by the United States itself, the Commission shall not approve any application for any project affecting such development, but shall cause to be made such examinations, surveys, reports, plans, and esti- mates of the cost of the proposed development as it may find necessary, and shall submit its findings to Congress with such recommenda- tions as it may find appropriate concerning such development. (c) Assumption of project by United States after expiration of license Whenever, after notice and opportunity for hearing, the Commission determines that the United States should exercise its right upon or after the expiration of any license to take over any project or projects for public purposes, the Commission shall not issue a new license to the original licensee or to a new licensee but shall submit its recommendation to Congress to- gether with such information as it may consider appropriate. (June 10, 1920, ch. 285, pt. I, § 7, 41 Stat. 1067; re- numbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 205, 212, 49 Stat. 842, 847; Pub. L. 90–451, § 1, Aug. 3, 1968, 82 Stat. 616; Pub. L. 99–495, § 2, Oct. 16, 1986, 100 Stat. 1243; Pub. L. 115–325, title II, § 201(a), Dec. 18, 2018, 132 Stat. 4459.) Editorial Notes CODIFICATION Additional provisions in the section as enacted by act June 10, 1920, directing the commission to investigate the cost and economic value of the power plant out- lined in project numbered 3, House Document num- bered 1400, Sixty-second Congress, third session, and also in connection with such project to submit plans and estimates of cost necessary to secure an increased water supply for the District of Columbia, have been omitted as temporary and executed. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–325 substituted ‘‘States, Indian tribes, and municipalities’’ for ‘‘States and mu- nicipalities’’. 1986—Subsec. (a). Pub. L. 99–495 inserted ‘‘original’’ after ‘‘hereunder or’’ and substituted ‘‘issued,’’ for ‘‘issued and in issuing licenses to new licensees under section 808 of this title’’. 1968—Subsec. (c). Pub. L. 90–451 added subsec. (c). 1935—Act Aug. 26, 1935, § 205, amended section gen- erally, striking out ‘‘navigation and’’ before ‘‘water re- sources’’ wherever appearing, and designating para- graphs as subsecs. (a) and (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. APPLICABILITY OF 2018 AMENDMENT Pub. L. 115–325, title II, § 201(b), Dec. 18, 2018, 132 Stat. 4459, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall not affect— ‘‘(1) any preliminary permit or original license issued before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017 [Dec. 18, 2018]; or Page 1376 TITLE 16—CONSERVATION § 801 1 See Codification note below. 1 So in original. Probably should be followed by ‘‘; and’’. ‘‘(2) an application for an original license, if the Commission has issued a notice accepting that appli- cation for filing pursuant to section 4.32(d) of title 18, Code of Federal Regulations (or successor regula- tions), before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017.’’ DEFINITION OF INDIAN TRIBE Pub. L. 115–325, title II, § 201(c), Dec. 18, 2018, 132 Stat. 4459, provided that: ‘‘For purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection (a)), the term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 5304).’’ § 801. Transfer of license; obligations of trans- feree No voluntary transfer of any license, or of the rights thereunder granted, shall be made with- out the written approval of the commission; and any successor or assign of the rights of such li- censee, whether by voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall be sub- ject to all the conditions of the license under which such rights are held by such licensee and also subject to all the provisions and conditions of this chapter to the same extent as though such successor or assign were the original li- censee under this chapter: Provided, That a mortgage or trust deed or judicial sales made thereunder or under tax sales shall not be deemed voluntary transfers within the meaning of this section. (June 10, 1920, ch. 285, pt. I, § 8, 41 Stat. 1068; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) § 802. Information to accompany application for license; landowner notification (a) Each applicant for a license under this chapter shall submit to the commission— (1) Such maps, plans, specifications, and esti- mates of cost as may be required for a full un- derstanding of the proposed project. Such maps, plans, and specifications when approved by the commission shall be made a part of the license; and thereafter no change shall be made in said maps, plans, or specifications until such changes shall have been approved and made a part of such license by the commission. (2) Satisfactory evidence that the applicant has complied with the requirements of the laws of the State or States within which the proposed project is to be located with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes and with respect to the right to engage in the business of devel- oping, transmitting and distributing power, and in any other business necessary to effect the purposes of a license under this chapter. (3) 1 Such additional information as the com- mission may require. (b) Upon the filing of any application for a li- cense (other than a license under section 808 of this title) the applicant shall make a good faith effort to notify each of the following by certified mail: (1) Any person who is an owner of record of any interest in the property within the bounds of the project. (2) Any Federal, State, municipal or other local governmental agency likely to be inter- ested in or affected by such application. (June 10, 1920, ch. 285, pt. I, § 9, 41 Stat. 1068; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Pub. L. 99–495, § 14, Oct. 16, 1986, 100 Stat. 1257.) Editorial Notes CODIFICATION Former subsec. (c), included in the provisions des- ignated as subsec. (a) by Pub. L. 99–495, has been edi- torially redesignated as par. (3) of subsec. (a) as the probable intent of Congress. AMENDMENTS 1986—Pub. L. 99–495 designated existing provisions as subsec. (a), redesignated former subsecs. (a) and (b) as pars. (1) and (2) of 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. § 803. Conditions of license generally All licenses issued under this subchapter shall be on the following conditions: (a) Modification of plans; factors considered to secure adaptability of project; recommenda- tions for proposed terms and conditions (1) That the project adopted, including the maps, plans, and specifications, shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water- power development, for the adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habi- tat), and for other beneficial public uses, includ- ing irrigation, flood control, water supply, and recreational and other purposes referred to in section 797(e) of this title 1 if necessary in order to secure such plan the Commission shall have authority to require the modification of any project and of the plans and specifications of the project works before approval. (2) In order to ensure that the project adopted will be best adapted to the comprehensive plan described in paragraph (1), the Commission shall consider each of the following: (A) The extent to which the project is con- sistent with a comprehensive plan (where one exists) for improving, developing, or con- serving a waterway or waterways affected by the project that is prepared by— (i) an agency established pursuant to Fed- eral law that has the authority to prepare such a plan; or (ii) the State in which the facility is or will be located.