16 U.S.C. § 817 — Projects not affecting navigable waters; ne-

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-