§ 820. — Proceedings for revocation of license or to prevent violations of 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: 16USC820]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 820. Proceedings for revocation of license or to prevent
violations of license
The Attorney General may, on request of the commission or of the
Secretary of the Army, institute proceedings in equity in the district
court of the United States in the district in which any project or part
thereof is situated for the purpose of revoking for violation of its
terms any permit or license issued hereunder, or for the purpose of
remedying or correcting by injunction, mandamus, or other process any
act of commission or omission in violation of the provisions of this
chapter or of any lawful regulation or order promulgated hereunder. The
district courts shall have jurisdiction over all of the above-mentioned
proceedings and shall have power to issue and execute all necessary
process and to make and enforce all writs, orders and decrees to compel
compliance with the lawful orders and regulations of the commission and
of the Secretary of the Army, and to compel the performance of any
condition imposed under the provisions of this chapter. In the event a
decree revoking a license is entered, the court is empowered to sell the
whole or any part of the project or projects under license, to wind up
the business of such licensee conducted in connection with such project
or projects, to distribute the proceeds to the parties entitled to the
same, and to make and enforce such further orders and decrees as equity
and justice may require. At such sale or sales the vendee shall take the
rights and privileges belonging to the licensee and shall perform the
duties of such licensee and assume all outstanding obligations and
liabilities of the licensee which the court may deem equitable in the
premises; and at such sale or sales the United States may become a
purchaser, but it shall not be required to pay a greater amount than it
would be required to pay under the provisions of section 807 of this
title at the termination of the license.
(June 10, 1920, ch. 285, pt. I, Sec. 26, 41 Stat. 1076; 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.)
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' ''.
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 806 of this title.
