16 Usc 801

§ 799

TITLE 16—CONSERVATION

Page 1244

§ 799. License; duration, conditions, revocation,
alteration, or surrender

(b) Development of water resources by United
States; reports

Licenses under this subchapter shall be issued
for a period not exceeding fifty years. Each such
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.

Whenever, in the judgment of the Commission,
the development of any water resources for public purposes should be undertaken by the United
States itself, the Commission shall not approve
any application for any project affecting such
development, but shall cause to be made such
examinations, surveys, reports, plans, and estimates of the cost of the proposed development
as it may find necessary, and shall submit its
findings to Congress with such recommendations as it may find appropriate concerning such
development.
(c) Assumption of project by United States after
expiration of license

(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.)

Whenever, after notice and opportunity for
hearing, the Commission determines that the
United States should exercise its right upon or
after the expiration of any license to take over
any project or projects for public purposes, the
Commission shall not issue a new license to the
original licensee or to a new licensee but shall
submit its recommendation to Congress together with such information as it may consider
appropriate.

AMENDMENTS
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.
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.

(June 10, 1920, ch. 285, pt. I, § 7, 41 Stat. 1067; renumbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§ 205, 212, 49 Stat. 842, 847; Pub. L.
90–451, § 1, Aug. 3, 1968, 82 Stat. 616; Pub. L.
99–495, § 2, Oct. 16, 1986, 100 Stat. 1243.)
CODIFICATION
Additional provisions in the section as enacted by act
June 10, 1920, directing the commission to investigate
the cost and economic value of the power plant outlined in project numbered 3, House Document numbered 1400, Sixty-second Congress, third session, and
also in connection with such project to submit plans
and estimates of cost necessary to secure an increased
water supply for the District of Columbia, have been
omitted as temporary and executed.
AMENDMENTS
1986—Subsec. (a). Pub. L. 99–495 inserted ‘‘original’’
after ‘‘hereunder or’’ and substituted ‘‘issued,’’ for ‘‘issued and in issuing licenses to new licensees under section 808 of this title’’.
1968—Subsec. (c). Pub. L. 90–451 added subsec. (c).
1935—Act Aug. 26, 1935, § 205, amended section generally, striking out ‘‘navigation and’’ before ‘‘water resources’’ wherever appearing, and designating paragraphs as subsecs. (a) and (b).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–495 effective with respect
to each license, permit, or exemption issued under this
chapter after Oct. 16, 1986, see section 18 of Pub. L.
99–495, set out as a note under section 797 of this title.

§ 801. Transfer of license; obligations of transferee
No voluntary transfer of any license, or of the
rights thereunder granted, shall be made without the written approval of the commission; and
any successor or assign of the rights of such licensee, whether by voluntary transfer, judicial
sale, foreclosure sale, or otherwise, shall be subject to all the conditions of the license under
which such rights are held by such licensee and
also subject to all the provisions and conditions
of this chapter to the same extent as though

Page 1245

TITLE 16—CONSERVATION

such successor or assign were the original licensee under this chapter: Provided, That a
mortgage or trust deed or judicial sales made
thereunder or under tax sales shall not be
deemed voluntary transfers within the meaning
of this section.
(June 10, 1920, ch. 285, pt. I, § 8, 41 Stat. 1068; renumbered pt. I, Aug. 26, 1935, ch. 687, title II,
§ 212, 49 Stat. 847.)
§ 802. Information to accompany application for
license; landowner notification
(a) Each applicant for a license under this
chapter shall submit to the commission—
(1) Such maps, plans, specifications, and estimates of cost as may be required for a full understanding of the proposed project. Such maps,
plans, and specifications when approved by the
commission shall be made a part of the license;
and thereafter no change shall be made in said
maps, plans, or specifications until such changes
shall have been approved and made a part of
such license by the commission.
(2) Satisfactory evidence that the applicant
has complied with the requirements of the laws
of the State or States within which the proposed
project is to be located with respect to bed and
banks and to the appropriation, diversion, and
use of water for power purposes and with respect
to the right to engage in the business of developing, transmitting and distributing power, and in
any other business necessary to effect the purposes of a license under this chapter.
(3) 1 Such additional information as the commission may require.
(b) Upon the filing of any application for a license (other than a license under section 808 of
this title) the applicant shall make a good faith
effort to notify each of the following by certified
mail:
(1) Any person who is an owner of record of
any interest in the property within the bounds
of the project.
(2) Any Federal, State, municipal or other
local governmental agency likely to be interested in or affected by such application.
(June 10, 1920, ch. 285, pt. I, § 9, 41 Stat. 1068; renumbered pt. I, Aug. 26, 1935, ch. 687, title II,
§ 212, 49 Stat. 847; Pub. L. 99–495, § 14, Oct. 16,
1986, 100 Stat. 1257.)
CODIFICATION
Former subsec. (c), included in the provisions designated as subsec. (a) by Pub. L. 99–495, has been editorially redesignated as par. (3) of subsec. (a) as the
probable intent of Congress.
AMENDMENTS
1986—Pub. L. 99–495 designated existing provisions as
subsec. (a), redesignated former subsecs. (a) and (b) as
pars. (1) and (2) of subsec. (a), and added subsec. (b).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–495 effective with respect
to each license, permit, or exemption issued under this
chapter after Oct. 16, 1986, see section 18 of Pub. L.
99–495, set out as a note under section 797 of this title.

§ 803. Conditions of license generally
All licenses issued under this subchapter shall
be on the following conditions:
1 See

Codification note below.

§ 803

(a) Modification of plans; factors considered to
secure adaptability of project; recommendations for proposed terms and conditions
(1) That the project adopted, including the
maps, plans, and specifications, shall be such as
in the judgment of the Commission will be best
adapted to a comprehensive plan for improving
or developing a waterway or waterways for the
use or benefit of interstate or foreign commerce,
for the improvement and utilization of waterpower development, for the adequate protection,
mitigation, and enhancement of fish and wildlife
(including related spawning grounds and habitat), and for other beneficial public uses, including irrigation, flood control, water supply, and
recreational and other purposes referred to in
section 797(e) of this title 1 if necessary in order
to secure such plan the Commission shall have
authority to require the modification of any
project and of the plans and specifications of the
project works before approval.
(2) In order to ensure that the project adopted
will be best adapted to the comprehensive plan
described in paragraph (1), the Commission shall
consider each of the following:
(A) The extent to which the project is consistent with a comprehensive plan (where one
exists) for improving, developing, or conserving a waterway or waterways affected by the
project that is prepared by—
(i) an agency established pursuant to Federal law that has the authority to prepare
such a plan; or
(ii) the State in which the facility is or
will be located.
(B) The recommendations of Federal and
State agencies exercising administration over
flood control, navigation, irrigation, recreation, cultural and other relevant resources of
the State in which the project is located, and
the recommendations (including fish and wildlife recommendations) of Indian tribes affected by the project.
(C) In the case of a State or municipal applicant, or an applicant which is primarily engaged in the generation or sale of electric
power (other than electric power solely from
cogeneration facilities or small power production facilities), the electricity consumption efficiency improvement program of the applicant, including its plans, performance and capabilities for encouraging or assisting its customers to conserve electricity cost-effectively,
taking into account the published policies, restrictions, and requirements of relevant State
regulatory authorities applicable to such applicant.
(3) Upon receipt of an application for a license,
the Commission shall solicit recommendations
from the agencies and Indian tribes identified in
subparagraphs (A) and (B) of paragraph (2) for
proposed terms and conditions for the Commission’s consideration for inclusion in the license.
(b) Alterations in project works
That except when emergency shall require for
the protection of navigation, life, health, or
property, no substantial alteration or addition
1 So

in original. Probably should be followed by ‘‘; and’’.