§ 797. — General powers of Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC797]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 797. General powers of Commission
The Commission is authorized and empowered--
(a) Investigations and data
To make investigations and to collect and record data concerning the
utilization of the water resources of any region to be developed, the
water-power industry and its relation to other industries and to
interstate or foreign commerce, and concerning the location, capacity,
development costs, and relation to markets of power sites, and whether
the power from Government dams can be advantageously used by the United
States for its public purposes, and what is a fair value of such power,
to the extent the Commission may deem necessary or useful for the
purposes of this chapter.
(b) Statements as to investment of licenses in projects; access to
projects, maps, etc.
To determine the actual legitimate original cost of and the net
investment in a licensed project, and to aid the Commission in such
determinations, each licensee shall, upon oath, within a reasonable
period of time to be fixed by the Commission, after the construction of
the original project or any addition thereto or betterment thereof, file
with the Commission in such detail as the Commission may require, a
statement in duplicate showing the actual legitimate original cost of
construction of such project addition, or betterment, and of the price
paid for water rights, rights-of-way, lands, or interest in lands. The
licensee shall grant to the Commission or to its duly authorized agent
or agents, at all reasonable times, free access to such project,
addition, or betterment, and to all maps, profiles, contracts, reports
of engineers, accounts, books, records, and all other papers and
documents relating thereto. The statement of actual legitimate original
cost of said project, and revisions thereof as determined by the
Commission, shall be filed with the Secretary of the Treasury.
(c) Cooperation with executive departments; information and aid
furnished Commission
To cooperate with the executive departments and other agencies of
State or National Governments in such investigations; and for such
purpose the several departments and agencies of the National Government
are authorized and directed upon the request of the Commission, to
furnish such records, papers, and information in their possession as may
be requested by the Commission, and temporarily to detail to the
Commission such officers or experts as may be necessary in such
investigations.
(d) Publication of information, etc.; reports to Congress
To make public from time to time the information secured hereunder,
and to provide for the publication of its reports and investigations in
such form and manner as may be best adapted for public information and
use. The Commission, on or before the 3d day of January of each year,
shall submit to Congress for the fiscal year preceding a classified
report showing the permits and licenses issued under this subchapter,
and in each case the parties thereto, the terms prescribed, and the
moneys received if any, or account thereof.
(e) Issue of licenses for construction, etc., of dams, conduits,
reservoirs, etc.
To issue licenses to citizens of the United States, or to any
association of such citizens, or to any corporation organized under the
laws of the United States or any State thereof, or to any State or
municipality for the purpose of constructing, operating, and maintaining
dams, water conduits, reservoirs, power houses, transmission lines, or
other project works necessary or convenient for the development and
improvement of navigation and for the development, transmission, and
utilization of power across, along, from, or in any of the streams or
other bodies of water over which Congress has jurisdiction under its
authority to regulate commerce with foreign nations and among the
several States, or upon any part of the public lands and reservations of
the United States (including the Territories), or for the purpose of
utilizing the surplus water or water power from any Government dam,
except as herein provided: Provided, That licenses shall be issued
within any reservation only after a finding by the Commission that the
license will not interfere or be inconsistent with the purpose for which
such reservation was created or acquired, and shall be subject to and
contain such conditions as the Secretary of the department under whose
supervision such reservation falls shall deem necessary for the adequate
protection and utilization of such reservations: Provided further, That
no license affecting the navigable capacity of any navigable waters of
the United States shall be issued until the plans of the dam or other
structures affecting the navigation have been approved by the Chief of
Engineers and the Secretary of the Army. Whenever the contemplated
improvement is, in the judgment of the Commission, desirable and
justified in the public interest for the purpose of improving or
developing a waterway or waterways for the use or benefit of interstate
or foreign commerce, a finding to that effect shall be made by the
Commission and shall become a part of the records of the Commission:
Provided further, That in case the Commission shall find that any
Government dam may be advantageously used by the United States for
public purposes in addition to navigation, no license therefor shall be
issued until two years after it shall have reported to Congress the
facts and conditions relating thereto, except that this provision shall
not apply to any Government dam constructed prior to June 10, 1920: And
provided further, That upon the filing of any application for a license
which has not been preceded by a preliminary permit under subsection (f)
of this section, notice shall be given and published as required by the
proviso of said subsection. In deciding whether to issue any license
under this subchapter for any project, the Commission, in addition to
the power and development purposes for which licenses are issued, shall
give equal consideration to the purposes of energy conservation, the
protection, mitigation of damage to, and enhancement of, fish and
wildlife (including related spawning grounds and habitat), the
protection of recreational opportunities, and the preservation of other
aspects of environmental quality.
(f) Preliminary permits; notice of application
To issue preliminary permits for the purpose of enabling applicants
for a license hereunder to secure the data and to perform the acts
required by section 802 of this title: Provided, however, That upon the
filing of any application for a preliminary permit by any person,
association, or corporation the Commission, before granting such
application, shall at once give notice of such application in writing to
any State or municipality likely to be interested in or affected by such
application; and shall also publish notice of such application once each
week for four weeks in a daily or weekly newspaper published in the
county or counties in which the project or any part hereof or the lands
affected thereby are situated.
(g) Investigation of occupancy for developing power; orders
Upon its own motion to order an investigation of any occupancy of,
or evidenced intention to occupy, for the purpose of developing electric
power, public lands, reservations, or streams or other bodies of water
over which Congress has jurisdiction under its authority to regulate
commerce with foreign nations and among the several States by any
person, corporation, State, or municipality and to issue such order as
it may find appropriate, expedient, and in the public interest to
conserve and utilize the navigation and water-power resources of the
region.
(June 10, 1920, ch. 285, pt. I, Sec. 4, 41 Stat. 1065; June 23, 1930,
ch. 572, Sec. 2, 46 Stat. 798; renumbered pt. I and amended, Aug. 26,
1935, ch. 687, title II, Secs. 202, 212, 49 Stat. 839, 847; July 26,
1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 97-375,
title II, Sec. 212, Dec. 21, 1982, 96 Stat. 1826; Pub. L. 99-495,
Sec. 3(a), Oct. 16, 1986, 100 Stat. 1243.)
Amendments
1986--Subsec. (e). Pub. L. 99-495 inserted provisions that in
deciding whether to issue any license under this subchapter, the
Commission, in addition to power and development purposes, is required
to give equal consideration to purposes of energy conservation, the
protection, mitigation of damage to, and enhancement of, fish and
wildlife, the protection of recreational opportunities, and the
preservation of environmental quality.
1982--Subsec. (d). Pub. L. 97-375 struck out provision that the
report contain the names and show the compensation of the persons
employed by the Commission.
1935--Subsec. (a). Act Aug. 26, 1935, Sec. 202, struck out last
paragraph of subsec. (a) which related to statements of cost of
construction, etc., and free access to projects, maps, etc., and is now
covered by subsec. (b).
Subsecs. (b), (c). Act Aug. 26, 1935, Sec. 202, added subsec. (b)
and redesignated former subsecs. (b) and (c) as (c) and (d),
respectively.
Subsec. (d). Act Aug. 26, 1935, Sec. 202, redesignated subsec. (c)
as (d) and substituted ``3d day of January'' for ``first Monday in
December'' in second sentence. Former subsec. (d) redesignated (e).
Subsec. (e). Act Aug. 26, 1935, Sec. 202, redesignated subsec. (d)
and (e) and substituted ``streams or other bodies of water over which
Congress has jurisdiction under its authority to regulate commerce with
foreign nations and among the several States'' for ``navigable waters of
the United States'' and ``subsection (f)'' for ``subsection (e)''.
Former subsec. (e) redesignated (f).
Subsec. (f). Act Aug. 26, 1935, Sec. 202, redesignated subsec. (e)
as (f) and substituted ``once each week for four weeks'' for ``for eight
weeks''. Former section (f), which related to the power of the
Commission to prescribe regulations for the establishment of a system of
accounts and the maintenance thereof, was struck out by act Aug. 26,
1935.
Subsec. (g). Act Aug. 26, 1935, Sec. 202, added subsec. (g). Former
subsec. (g), which related to the power of the Commission to hold
hearings and take testimony by deposition, was struck out.
Subsec. (h). Act Aug. 26, 1935, Sec. 202, struck out subsec. (h)
which related to the power of the Commission to perform any and all acts
necessary and proper for the purpose of carrying out the provisions of
this chapter.
1930--Subsec. (d). Act June 23, 1930, inserted sentence respecting
contents of report.
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.
Effective Date of 1986 Amendment
Section 18 of Pub. L. 99-495 provided that: ``Except as otherwise
provided in this Act, the amendments made by this Act [enacting section
823b of this title and amending this section and sections 800, 802, 803,
807, 808, 817, 823a, 824a-3, and 824j of this title] shall take effect
with respect to each license, permit, or exemption issued under the
Federal Power Act after the enactment of this Act [Oct. 16, 1986]. The
amendments made by sections 6 and 12 of this Act [enacting section 823b
of this title and amending section 817 of this title] shall apply to
licenses, permits, and exemptions without regard to when issued.''
Savings Provision
Section 17(a) of Pub. L. 99-495 provided that: ``Nothing in this Act
[see Short Title of 1986 Amendment note set out under section 791a of
this title] shall be construed as authorizing the appropriation of water
by any Federal, State, or local agency, Indian tribe, or any other
entity or individual. Nor shall any provision of this Act--
``(1) affect the rights or jurisdiction of the United States,
the States, Indian tribes, or other entities over waters of any
river or stream or over any ground water resource;
``(2) alter, amend, repeal, interpret, modify, or be in conflict
with any interstate compact made by the States;
``(3) alter or establish the respective rights of States, the
United States, Indian tribes, or any person with respect to any
water or water-related right;
``(4) affect, expand, or create rights to use transmission
facilities owned by the Federal Government;
``(5) alter, amend, repeal, interpret, modify, or be in conflict
with, the Treaty rights or other rights of any Indian tribe;
``(6) permit the filing of any competing application in any
relicensing proceeding where the time for filing a competing
application expired before the enactment of this Act [Oct. 16,
1986]; or
``(7) modify, supersede, or affect the Pacific Northwest
Electric Power Planning and Conservation Act [16 U.S.C. 839 et
seq.].''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(d) of this section relating to submitting a classified annual report to
Congress showing permits and licenses issued under this subchapter, see
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 91 of House
Document No. 103-7.
Transfer of Functions
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
this subchapter transferred to Federal Energy Regulatory Commission by
sections 7172(a)(1)(A) and 7293 of Title 42, The Public Health and
Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of such Commission,
with authority vested in him to authorize their performance by any
officer, employee, or administrative unit under his jurisdiction, by
Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,
64 Stat. 1265, set out as a note under section 792 of this title.
Improvement at Existing Federal Facilities
Pub. L. 102-486, title XXIV, Sec. 2404, Oct. 24, 1992, 106 Stat.
3097, as amended by Pub. L. 103-437, Sec. 6(d)(37), Nov. 2, 1994, 108
Stat. 4585; Pub. L. 104-66, title I, Sec. 1052(h), Dec. 21, 1995, 109
Stat. 718, directed Secretary of the Interior and Secretary of the Army,
in consultation with Secretary of Energy, to perform reconnaissance
level studies, for each of the Nation's principal river basins, of cost
effective opportunities to increase hydropower production at existing
federally-owned or operated water regulation, storage, and conveyance
facilities, with such studies to be completed within 2 years after Oct.
24, 1992, and transmitted to Congress, further provided that in cases
where such studies had been prepared by any agency of the United States
and published within ten years prior to Oct. 24, 1992, Secretary of the
Interior, or Secretary of the Army, could choose to rely on information
developed by prior studies rather than conduct new studies, and further
provided for appropriations for fiscal years 1993 to 1995.
Water Conservation and Energy Production
Pub. L. 102-486, title XXIV, Sec. 2405, Oct. 24, 1992, 106 Stat.
3098, provided that:
``(a) Studies.--The Secretary of the Interior, acting pursuant to
the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388) [43
U.S.C. 371 et seq.], and Acts supplementary thereto and amendatory
thereof, is authorized and directed to conduct feasibility
investigations of opportunities to increase the amount of hydroelectric
energy available for marketing by the Secretary from Federal
hydroelectric power generation facilities resulting 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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 796, 803, 823c, 828b of this
title; title 42 section 7172.
