16 Usc 798

Page 1301

§ 800

TITLE 16—CONSERVATION

part I of the Federal Power Act [16 U.S.C. 791a
et seq.], the Commission may permit an applicant, or a contractor, consultant or other person
selected by the applicant, to prepare such environmental assessment. The Commission shall
institute procedures, including pre-application
consultations, to advise potential applicants of
studies or other information foreseeably required by the Commission. The Commission may
allow the filing of such applicant-prepared environmental assessments as part of the application. Nothing herein shall affect the Commission’s responsibility to comply with the National Environmental Policy Act of 1969.
(c) Effective date
This section shall take effect with respect to
license applications filed after October 24, 1992.
(Pub. L. 102–486, title XXIV, § 2403, Oct. 24, 1992,
106 Stat. 3097.)

license shall be conditioned upon acceptance by
the licensee of all of the terms and conditions of
this chapter and such further conditions, if any,
as the Commission shall prescribe in conformity
with this chapter, which said terms and conditions and the acceptance thereof shall be expressed in said license. Licenses may be revoked
only for the reasons and in the manner prescribed 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.
(June 10, 1920, ch. 285, pt. I, § 6, 41 Stat. 1067; renumbered 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.)

REFERENCES IN TEXT

AMENDMENTS

The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan.
1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
The Federal Power Act, referred to in subsecs. (a) and
(b), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I of the Act is classified generally to this subchapter (§ 791a et seq.). For complete classification of
this Act to the Code, see section 791a of this title and
Tables.

1998—Pub. L. 105–192 inserted at end ‘‘Licenses may be
revoked only for the reasons and in the manner prescribed 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 prescribed 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 licenses issued under the provisions of this subchapter
and calling for the payment of annual charges shall be
deposited with the General Accounting Office, in compliance with section 20 of title 41.’’
1935—Act Aug. 26, 1935, § 204, amended section generally, substituting ‘‘thirty days’’ for ‘‘ninety days’’ in
third sentence and inserting last sentence.

CODIFICATION
Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Federal Power Act which
generally comprises this chapter.

§ 798. Purpose and scope of preliminary permits;
transfer and cancellation
Each preliminary permit issued under this
subchapter shall be for the sole purpose of maintaining priority of application for a license
under the terms of this chapter for such period
or periods, not exceeding a total of three years,
as in the discretion of the Commission may be
necessary for making examinations and surveys,
for preparing maps, plans, specifications, and estimates, and for making financial arrangements.
Each such permit shall set forth the conditions
under which priority shall be maintained. Such
permits shall not be transferable, and may be
canceled by order of the Commission upon failure of permittees to comply with the conditions
thereof or for other good cause shown after notice and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, § 5, 41 Stat. 1067; renumbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§ 203, 212, 49 Stat. 841, 847.)
AMENDMENTS
1935—Act Aug. 26, 1935, § 203, amended section generally, striking out ‘‘and a license issued’’ at end of second sentence and inserting ‘‘or for other good cause
shown after notice and opportunity for hearing’’ in last
sentence.

§ 799. License; duration, conditions, revocation,
alteration, or surrender
Licenses under this subchapter shall be issued
for a period not exceeding fifty years. Each such

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 2302 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 preference to applications therefor by States 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 public interest the water resources of the region; and as
between other applicants, the Commission 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 region, if it be
satisfied as to the ability of the applicant 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 public purposes should be undertaken by the United