16 USC 797a

Page 1249

§ 797c

TITLE 16—CONSERVATION

from a reduction in the consumptive use of such power
for Federal reclamation project purposes or as a result
of an increase in the amount of water available for such
generation because of water conservation efforts on
Federal reclamation projects or a combination thereof.
The Secretary of the Interior is further authorized and
directed to conduct feasibility investigations of opportunities to mitigate damages to or enhance fish and
wildlife as a result of increasing the amount of water
available for such purposes because of water conservation efforts on Federal reclamation projects. Such feasibility investigations shall include, but not be limited
to—
‘‘(1) an analysis of the technical, environmental,
and economic feasibility of reducing the amount of
water diverted upstream of such Federal hydroelectric power generation facilities by Federal reclamation projects;
‘‘(2) an estimate of the reduction, if any, of project
power consumed as a result of the decreased amount
of diversion;
‘‘(3) an estimate of the increase in the amount of
electrical energy and related revenues which would
result from the marketing of such power by the Secretary;
‘‘(4) an estimate of the fish and wildlife benefits
which would result from the decreased or modified diversions;
‘‘(5) a finding by the Secretary of the Interior that
the activities proposed in the feasibility study can be
carried out in accordance with applicable Federal and
State law, interstate compacts and the contractual
obligations of the Secretary; and
‘‘(6) a finding by the affected Federal Power Marketing Administrator that the hydroelectric component of the proposed water conservation feature is
cost-effective and that the affected Administrator is
able to market the hydro-electric power expected to
be generated.
‘‘(b) CONSULTATION.—In preparing feasibility studies
pursuant to this section, the Secretary of the Interior
shall consult with, and seek the recommendations of,
affected State, local and Indian tribal interests, and
shall provide for appropriate public comment.
‘‘(c) AUTHORIZATION.—There is hereby authorized to
be appropriated to the Secretary of the Interior such
sums as may be necessary to carry out this section.’’
PROJECTS ON FRESH WATERS IN STATE OF HAWAII
Pub. L. 102–486, title XXIV, § 2408, Oct. 24, 1992, 106
Stat. 3100, directed Federal Energy Regulatory Commission, in consultation with State of Hawaii, to carry
out study of hydroelectric licensing in State of Hawaii
for purposes of considering whether such licensing
should be transferred to State, and directed Commission to complete study and submit report containing
results of study to Congress within 18 months after Oct.
24, 1992.

§ 797a. Congressional authorization for permits,
licenses, leases, or authorizations for dams,
conduits, reservoirs, etc., within national
parks or monuments
On and after March 3, 1921, no permit, license,
lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or
other works for storage or carriage of water, or
for the development, transmission, or utilization of power within the limits as constituted,
March 3, 1921, of any national park or national
monument shall be granted or made without
specific authority of Congress.
(Mar. 3, 1921, ch. 129, 41 Stat. 1353.)
CODIFICATION
Provisions repealing so much of this chapter ‘‘as authorizes licensing such uses of existing national parks

and national monuments by the Federal Power Commission’’ have been omitted.
Section was not enacted as part of the Federal Power
Act which generally comprises this chapter.
Section 212 of act Aug. 26, 1935, ch. 687, title II, 49
Stat. 847, provided that nothing in this chapter, as
amended should be construed to repeal or amend the
provisions of the act approved Mar. 3, 1921 (41 Stat.
1353) [16 U.S.C. 797a] or the provisions of any other Act
relating to national parks and national monuments.

§ 797b. Duty to keep Congress fully and currently
informed
The Federal Energy Regulatory Commission
shall keep the Committee on Energy and Commerce of the United States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate fully and
currently informed regarding actions of the
Commission with respect to the provisions of
Part I of the Federal Power Act [16 U.S.C. 791a
et seq.].
(Pub. L. 99–495, § 16, Oct. 16, 1986, 100 Stat. 1259.)
REFERENCES IN TEXT
The Federal Power Act, referred to in text, is act
June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I
of the Federal Power 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.
CODIFICATION
Section was enacted as part of the Electric Consumers Protection Act of 1986, and not as part of the Federal Power Act which generally comprises this chapter.
CHANGE OF NAME
Committee on Energy and Commerce of House of
Representatives treated as referring to Committee on
Commerce of House of Representatives by section 1(a)
of Pub. L. 104–14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of
House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and
jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.

§ 797c. Dams in National Park System units
After October 24, 1992, the Federal Energy Regulatory Commission may not issue an original
license under Part I of the Federal Power Act [16
U.S.C. 791a et seq.] (nor an exemption from such
Part) for any new hydroelectric power project
located within the boundaries of any unit of the
National Park System that would have a direct
adverse effect on Federal lands within any such
unit. Nothing in this section shall be construed
as repealing any existing provision of law (or affecting any treaty) explicitly authorizing a
hydroelectric power project.
(Pub. L. 102–486, title XXIV, § 2402, Oct. 24, 1992,
106 Stat. 3097.)
REFERENCES IN TEXT
The Federal Power Act, referred to in text, 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.