16 U.S.C. § 811 — Operation of navigation facilities; rules

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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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 Page 1386 TITLE 16—CONSERVATION § 812 under administrative supervision of Secretary of the Army. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938. See Section 108 of Title 49, Transportation. CLARIFICATION OF AUTHORITY REGARDING FISHWAYS Pub. L. 102–486, title XVII, § 1701(b), Oct. 24, 1992, 106 Stat. 3008, provided that: ‘‘The definition of the term ‘fishway’ contained in 18 C.F.R. 4.30(b)(9)(iii), as in ef- fect on the date of enactment of this Act [Oct. 24, 1992], is vacated without prejudice to any definition or inter- pretation by rule of the term ‘fishway’ by the Federal Energy Regulatory Commission for purposes of imple- menting section 18 of the Federal Power Act [16 U.S.C. 811]: Provided, That any future definition promulgated by regulatory rulemaking shall have no force or effect unless concurred in by the Secretary of the Interior and the Secretary of Commerce: Provided further, That the items which may constitute a ‘fishway’ under sec- tion 18 for the safe and timely upstream and down- stream passage of fish shall be limited to physical structures, facilities, or devices necessary to maintain all life stages of such fish, and project operations and measures related to such structures, facilities, or de- vices which are necessary to ensure the effectiveness of such structures, facilities, or devices for such fish.’’ Executive Documents TRANSFER OF FUNCTIONS Reference to Secretary of Commerce inserted in view of: creation of National Oceanic and Atmospheric Ad- ministration in Department of Commerce and Office of Administrator of such Administration; abolition of Bu- reau of Commercial Fisheries in Department of the In- terior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fish- eries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred Bureau of Fisheries in Department of Com- merce and its functions to Department of the Interior, to be administered under direction and supervision of Secretary of the Interior. § 812. Public-service licensee; regulations by State or by commission as to service, rates, charges, etc. As a condition of the license, every licensee under this chapter which is a public-service cor- poration, or a person, association, or corpora- tion owning or operating any project and devel- oping, transmitting, or distributing power for sale or use in public service, shall abide by such reasonable regulation of the services to be ren- dered to customers or consumers of power, and of rates and charges of payment therefor, as may from time to time be prescribed by any duly constituted agency of the State in which the service is rendered or the rate charged. That in case of the development, transmission, or dis- tribution, or use in public service of power by any licensee under this chapter or by its cus- tomer engaged in public service within a State which has not authorized and empowered a com- mission or other agency or agencies within said State to regulate and control the services to be rendered by such licensee or by its customer en- gaged in public service, or the rates and charges of payment therefor, or the amount or character of securities to be issued by any of said parties, it is agreed as a condition of such license that jurisdiction is conferred upon the commission, upon complaint of any person aggrieved or upon its own initiative, to exercise such regulation and control until such time as the State shall have provided a commission or other authority for such regulation and control: Provided, That the jurisdiction of the commission shall cease and determine as to each specific matter of reg- ulation and control prescribed in this section as soon as the State shall have provided a commis- sion or other authority for the regulation and control of that specific matter. (June 10, 1920, ch. 285, pt. I, § 19, 41 Stat. 1073; re- numbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.) § 813. Power entering into interstate commerce; regulation of rates, charges, etc. When said power or any part thereof shall enter into interstate or foreign commerce the rates charged and the service rendered by any such licensee, or by any subsidiary corporation, the stock of which is owned or controlled di- rectly or indirectly by such licensee, or by any person, corporation, or association purchasing power from such licensee for sale and distribu- tion or use in public service shall be reasonable, nondiscriminatory, and just to the customer and all unreasonable discriminatory and unjust rates or services are prohibited and declared to be unlawful; and whenever any of the States di- rectly concerned has not provided a commission or other authority to enforce the requirements of this section within such State or to regulate and control the amount and character of securi- ties to be issued by any of such parties, or such States are unable to agree through their prop- erly constituted authorities on the services to be rendered, or on the rates or charges of pay- ment therefor, or on the amount or character of securities to be issued by any of said parties, ju- risdiction is conferred upon the commission, upon complaint of any person, aggrieved, upon the request of any State concerned, or upon its own initiative to enforce the provisions of this section, to regulate and control so much of the services rendered, and of the rates and charges of payment therefor as constitute interstate or foreign commerce and to regulate the issuance