§ 817. — Projects not affecting navigable waters; necessity for Federal license, permit or rightofway; unauthorized activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC817]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 817. Projects not affecting navigable waters; necessity for
Federal license, permit or right-of-way; unauthorized activities
(1) It shall be unlawful for any person, State, or municipality, for
the purpose of developing electric power, to construct, operate, or
maintain any dam, water conduit, reservoir, power house, or other works
incidental thereto across, along, or in any of the navigable waters of
the United States, or upon any part of the public lands or reservations
of the United States (including the Territories), or utilize the surplus
water or water power from any Government dam, except under and in
accordance with the terms of a permit or valid existing right-of-way
granted prior to June 10, 1920, or a license granted pursuant to this
chapter. Any person, association, corporation, State, or municipality
intending to construct a dam or other project works, across, along,
over, or in any stream or part thereof, other than those defined in this
chapter as navigable waters, and over which Congress has jurisdiction
under its authority to regulate commerce with foreign nations and among
the several States shall before such construction file declaration of
such intention with the Commission, whereupon the Commission shall cause
immediate investigation of such proposed construction to be made, and if
upon investigation it shall find that the interests of interstate or
foreign commerce would be affected by such proposed construction, such
person, association, corporation, State, or municipality shall not
construct, maintain, or operate such dam or other project works until it
shall have applied for and shall have received a license under the
provisions of this chapter. If the Commission shall not so find, and if
no public lands or reservations are affected, permission is granted to
construct such dam or other project works in such stream upon compliance
with State laws.
(2) No person may commence any significant modification of any
project licensed under, or exempted from, this chapter unless such
modification is authorized in accordance with terms and conditions of
such license or exemption and the applicable requirements of this
subchapter. As used in this paragraph, the term ``commence'' refers to
the beginning of physical on-site activity other than surveys or
testing.
(June 10, 1920, ch. 285, pt. I, Sec. 23(b), 41 Stat. 1075; renumbered
pt. I and amended, Aug. 26, 1935, ch. 687, title II, Secs. 210, 212, 49
Stat. 846, 847; Pub. L. 99-495, Sec. 6, Oct. 16, 1986, 100 Stat. 1248.)
Codification
Section consists of subsec. (b) of section 23 of act June 10, 1920,
as so designated by act Aug. 26, 1935. Subsec. (a) of section 23 of act
June 10, 1920, is set out as section 816 of this title.
Amendments
1986--Pub. L. 99-495 designated existing provisions as par. (1) and
added par. (2).
1935--Act Aug. 26, 1935, Sec. 210, amended section generally,
inserting first sentence, and substituting ``with foreign nations'' for
``between foreign nations'', ``shall before such construction'' for
``may in their discretion'' and ``shall not construct, maintain, or
operate such dam or other project works'' for ``shall not proceed with
such construction''.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-495 applicable to licenses, permits, and
exemptions without regard to when issued, 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.
Section Referred to in Other Sections
This section is referred to in section 823c of this title.
