16 U.S.C. § 816 — Preservation of rights vested prior to June

Page 1387 TITLE 16—CONSERVATION § 816 1 So in original. Probably should be followed by a colon. of securities by the parties included within this section, and securities issued by the licensee subject to such regulations shall be allowed only for the bona fide purpose of financing and con- ducting the business of such licensee. The administration of the provisions of this section, so far as applicable, shall be according to the procedure and practice in fixing and regu- lating the rates, charges, and practices of rail- road companies as provided in subtitle IV of title 49, and the parties subject to such regula- tion shall have the same rights of hearing, de- fense, and review as said companies in such cases. In any valuation of the property of any li- censee hereunder for purposes of rate making, no value shall be claimed by the licensee or al- lowed by the commission for any project or projects under license in excess of the value or values prescribed in section 807 of this title for the purposes of purchase by the United States, but there shall be included the cost to such li- censee of the construction of the lock or locks or other aids of navigation and all other capital expenditures required by the United States, and no value shall be claimed or allowed for the rights granted by the commission or by this chapter. (June 10, 1920, ch. 285, pt. I, § 20, 41 Stat. 1073; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) Editorial Notes CODIFICATION ‘‘Subtitle IV of title 49’’ substituted in text for ‘‘the Act to regulate commerce, approved February 4, 1887, as amended’’ on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation. § 814. Exercise by licensee of power of eminent domain When any licensee cannot acquire by contract or pledges an unimproved dam site or the right to use or damage the lands or property of others necessary to the construction, maintenance, or operation of any dam, reservoir, diversion struc- ture, or the works appurtenant or accessory thereto, in conjunction with any improvement which in the judgment of the commission is de- sirable and justified in the public interest for the purpose of improving or developing a water- way or waterways for the use or benefit of inter- state or foreign commerce, it may acquire the same by the exercise of the right of eminent do- main in the district court of the United States for the district in which such land or other prop- erty may be located, or in the State courts. The practice and procedure in any action or pro- ceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in simi- lar action or proceeding in the courts of the State where the property is situated: Provided, That United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be con- demned exceeds $3,000 1 Provided further, That no licensee may use the right of eminent domain under this section to acquire any lands or other property that, prior to October 24, 1992, were owned by a State or political subdivision thereof and were part of or included within any public park, recreation area or wildlife refuge estab- lished under State or local law. In the case of lands or other property that are owned by a State or political subdivision and are part of or included within a public park, recreation area or wildlife refuge established under State or local law on or after October 24, 1992, no licensee may use the right of eminent domain under this sec- tion to acquire such lands or property unless there has been a public hearing held in the af- fected community and a finding by the Commis- sion, after due consideration of expressed public views and the recommendations of the State or political subdivision that owns the lands or property, that the license will not interfere or be inconsistent with the purposes for which such lands or property are owned. (June 10, 1920, ch. 285, pt. I, § 21, 41 Stat. 1074; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Pub. L. 102–486, title XVII, § 1701(d), Oct. 24, 1992, 106 Stat. 3009.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–486 substituted final proviso and sentence for period at end. § 815. Contract to furnish power extending be- yond period of license; obligations of new li- censee Whenever the public interest requires or justi- fies the execution by the licensee of contracts for the sale and delivery of power for periods ex- tending beyond the date of termination of the li- cense, such contracts may be entered into upon the joint approval of the commission and of the public-service commission or other similar au- thority in the State in which the sale or deliv- ery of power is made, or if sold or delivered in a State which has no such public-service com- mission, then upon the approval of the commis- sion, and thereafter, in the event of failure to issue a new license to the original licensee at the termination of the license, the United States or the new licensee, as the case may be, shall assume and fulfill all such contracts. (June 10, 1920, ch. 285, pt. I, § 22, 41 Stat. 1074; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) § 816. Preservation of rights vested prior to June 10, 1920 The provisions of this subchapter shall not be construed as affecting any permit or valid exist- ing right-of-way granted prior to June 10, 1920, or as confirming or otherwise affecting any claim, or as affecting any authority heretofore given pursuant to law, but any person, associa- tion, corporation, State, or municipality hold- ing or possessing such permit, right-of-way or authority may apply for a license under this chapter, and upon such application the Commis- sion may issue to any such applicant a license in accordance with the provisions of this sub- 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-