§ 816. — Preservation of rights vested prior to June 10, 1920.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC816]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 816. Preservation of rights vested prior to June 10, 1920
The provisions of this subchapter shall not be construed as
affecting any permit or valid existing right-of-way granted prior to
June 10, 1920, or as confirming or otherwise affecting any claim, or as
affecting any authority heretofore given pursuant to law, but any
person, association, corporation, State, or municipality holding or
possessing such permit, right-of-way or authority may apply for a
license under this chapter, and upon such application the Commission may
issue to any such applicant a license in accordance with the provisions
of this subchapter and in such case the provisions of this chapter shall
apply to such applicant as a licensee under this chapter: Provided, That
when application is made for a license under this section for a project
or projects already constructed the fair value of said project or
projects determined as provided in this section, shall for the purposes
of this subchapter and of said license be deemed to be the amount to be
allowed as the net investment of the applicant in such project or
projects as of the date of such license, or as of the date of such
determination, if license has not been issued. Such fair value shall be
determined by the Commission after notice and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, Sec. 23(a), 41 Stat. 1075; renumbered
pt. I and amended, Aug. 26, 1935, ch. 687, title II, Secs. 210, 212, 49
Stat. 846, 847.)
Codification
Section consists of subsec. (a) of section 23 of act June 10, 1920,
as so designated by act Aug. 26, 1935. Subsec. (b) of section 23 of act
June 10, 1920, is set out as section 817 of this title.
Amendments
1935--Act Aug. 26, 1935, Sec. 210, amended section generally,
substituting ``part'' for ``chapter'' wherever appearing, substituting
``heretofore'' for ``then'', and substituting the last sentence for
``Such fair value may, in the discretion of the commission, be
determined by mutual agreement between the commission and the applicant
or, in case they cannot agree, jurisdiction is hereby conferred upon the
district court of the United States in the district within which such
project or projects may be located, upon the application of either
party, to hear and determine the amount of such fair value.''
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.
