Federal Power Act 16 USC 811

§ 810

TITLE 16—CONSERVATION

date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by
Congress and of the national emergencies proclaimed
by the President on September 8, 1939, and May 27, 1941.

§ 810. Disposition of charges arising from licenses
(a) Receipts from charges
All proceeds from any Indian reservation shall
be placed to the credit of the Indians of such reservation. All other charges arising from licenses
hereunder, except charges fixed by the Commission for the purpose of reimbursing the United
States for the costs of administration of this
subchapter, shall be paid into the Treasury of
the United States, subject to the following distribution: 121⁄2 per centum thereof is hereby appropriated to be paid into the Treasury of the
United States and credited to ‘‘Miscellaneous receipts’’; 50 per centum of the charges arising
from licenses hereunder for the occupancy and
use of public lands and national forests shall be
paid into, reserved, and appropriated as a part of
the reclamation fund created by the Act of Congress known as the Reclamation Act, approved
June 17, 1902; and 371⁄2 per centum of the charges
arising from licenses hereunder for the occupancy and use of national forests and public
lands from development within the boundaries
of any State shall be paid by the Secretary of
the Treasury to such State; and 50 per centum of
the charges arising from all other licenses hereunder is reserved and appropriated as a special
fund in the Treasury to be expended under the
direction of the Secretary of the Army in the
maintenance and operation of dams and other
navigation structures owned by the United
States or in the construction, maintenance, or
operation of headwater or other improvements
of navigable waters of the United States. The
proceeds of charges made by the Commission for
the purpose of reimbursing the United States for
the costs of the administration of this subchapter shall be paid into the Treasury of the
United States and credited to miscellaneous receipts.
(b) Delinquent payments
In case of delinquency on the part of any licensee in the payment of annual charges a penalty of 5 per centum of the total amount so delinquent may be added to the total charges
which shall apply for the first month or part of
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; renumbered 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.)
REFERENCES IN TEXT
The Act of Congress known as the Reclamation Act,
approved June 17, 1902, referred to in subsec. (a), probably 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

Page 1260

created by that Act was established by section 391 of
Title 43.
AMENDMENTS
1935—Act Aug. 26, 1935, § 208, amended section generally, 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, inserting last sentence relating to payment of proceeds of
charges into Treasury, and adding subsec. (b).
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary 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, enacted ‘‘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 construction, maintenance, and operation by a licensee
at its own expense of such lights and signals as
may be directed by the Secretary of the Department in which the Coast Guard is operating, and
such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, 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 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
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, including 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; renumbered pt. I and amended, Aug. 26, 1935, ch.
1 So

in original. Probably should be ‘‘section’’.

Page 1261

TITLE 16—CONSERVATION

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.)
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 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 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 Commission.’’
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 generally, 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’’.
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary 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, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Reference to Secretary of Commerce inserted in view
of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior 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 Fisheries 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-

§ 812

dix to Title 5, Government Organization and Employees.
Coast Guard transferred to Department of Transportation 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.
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 Commerce and its functions to Department of the Interior,
to be administered under direction and supervision of
Secretary of the Interior.
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 effect on the date of enactment of this Act [Oct. 24, 1992],
is vacated without prejudice to any definition or interpretation by rule of the term ‘fishway’ by the Federal
Energy Regulatory Commission for purposes of implementing 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 section 18 for the safe and timely upstream and downstream 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 devices which are necessary to ensure the effectiveness of
such structures, facilities, or devices for such fish.’’

§ 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 corporation, or a person, association, or corporation owning or operating any project and developing, transmitting, or distributing power for
sale or use in public service, shall abide by such
reasonable regulation of the services to be rendered 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 distribution, or use in public service of power by
any licensee under this chapter or by its customer engaged in public service within a State
which has not authorized and empowered a commission or other agency or agencies within said
State to regulate and control the services to be
rendered by such licensee or by its customer engaged 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 regulation and control prescribed in this section as
soon as the State shall have provided a commis-