§ 804. — Project works affecting navigable waters; requirements insertable in license.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC804]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 804. Project works affecting navigable waters; requirements
insertable in license
If the dam or other project works are to be constructed across,
along, or in any of the navigable waters of the United States, the
commission may, insofar as it deems the same reasonably necessary to
promote the present and future needs of navigation and consistent with a
reasonable investment cost to the licensee, include in the license any
one or more of the following provisions or requirements:
(a) That such licensee shall, to the extent necessary to preserve
and improve navigation facilities, construct, in whole or in part,
without expense to the United States, in connection with such dam, a
lock or locks, booms, sluices, or other structures for navigation
purposes, in accordance with plans and specifications approved by the
Chief of Engineers and the Secretary of the Army and made part of such
license.
(b) That in case such structures for navigation purposes are not
made a part of the original construction at the expense of the licensee,
then whenever the United States shall desire to complete such navigation
facilities the licensee shall convey to the United States, free of cost,
such of its land and its rights-of-way and such right of passage through
its dams or other structures, and permit such control of pools as may be
required to complete such navigation facilities.
(c) That such licensee shall furnish free of cost to the United
States power for the operation of such navigation facilities, whether
constructed by the licensee or by the United States.
(June 10, 1920, ch. 285, pt. I, Sec. 11, 41 Stat. 1070; renumbered pt.
I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847; July 26,
1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
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act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.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
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.
Section Referred to in Other Sections
This section is referred to in section 805 of this title.
