§ 811. — Operation of navigation facilities; rules and regulations; penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC811]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 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 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, Sec. 18, 41 Stat. 1073; renumbered pt. I
and amended, Aug. 26, 1935, ch. 687, title II, Secs. 209, 212, 49 Stat.
845, 847; 1939 Reorg. Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; June 4, 1956, ch. 351, Sec. 2, 70 Stat. 226; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
Amendments
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, Sec. 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.
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
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 Appendix 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, Sec. 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.''
