§ 806. — Time limit for construction of project works; extension of time; termination or revocation of licenses for delay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC806]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 806. Time limit for construction of project works;
extension of time; termination or revocation of licenses for
delay
The licensee shall commence the construction of the project works
within the time fixed in the license, which shall not be more than two
years from the date thereof, shall thereafter in good faith and with due
diligence prosecute such construction, and shall within the time fixed
in the license complete and put into operation such part of the ultimate
development as the commission shall deem necessary to supply the
reasonable needs of the then available market, and shall from time to
time thereafter construct such portion of the balance of such
development as the commission may direct, so as to supply adequately the
reasonable market demands until such development shall have been
completed. The periods for the commencement of construction may be
extended once but not longer than two additional years and the period
for the completion of construction carried on in good faith and with
reasonable diligence may be extended by the commission when not
incompatible with the public interests. In case the licensee shall not
commence actual construction of the project works, or of any specified
part thereof, within the time prescribed in the license or as extended
by the commission, then, after due notice given, the license shall, as
to such project works or part thereof, be terminated upon written order
of the commission. In case the construction of the project works, or of
any specified part thereof, has been begun but not completed within the
time prescribed in the license, or as extended by the commission, then
the Attorney General, upon the request of the commission, shall
institute proceedings in equity in the district court of the United
States for the district in which any part of the project is situated for
the revocation of said license, the sale of the works constructed, and
such other equitable relief as the case may demand, as provided for in
section 820 of this title.
(June 10, 1920, ch. 285, pt. I, Sec. 13, 41 Stat. 1071; renumbered pt.
I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)
References in Text
Proceedings in equity, referred to in text, were abolished by the
adoption of rule 2 of the Federal Rules of Civil Procedure, set out in
the Appendix to Title 28, Judiciary and Judicial Procedure, which
provided that ``there shall be one form of action to be known as `civil
action' ''.
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.
