§ 800. — Issuance of preliminary permits or licenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC800]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 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
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
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.
(June 10, 1920, ch. 285, pt. I, Sec. 7, 41 Stat. 1067; renumbered pt. I
and amended, Aug. 26, 1935, ch. 687, title II, Secs. 205, 212, 49 Stat.
842, 847; Pub. L. 90-451, Sec. 1, Aug. 3, 1968, 82 Stat. 616; Pub. L.
99-495, Sec. 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, Sec. 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.
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.
Section Referred to in Other Sections
This section is referred to in section 807 of this title.
