
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC797]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 797. General powers of Commission

    The Commission is authorized and empowered--

(a) Investigations and data

    To make investigations and to collect and record data concerning the 
utilization of the water resources of any region to be developed, the 
water-power industry and its relation to other industries and to 
interstate or foreign commerce, and concerning the location, capacity, 
development costs, and relation to markets of power sites, and whether 
the power from Government dams can be advantageously used by the United 
States for its public purposes, and what is a fair value of such power, 
to the extent the Commission may deem necessary or useful for the 
purposes of this chapter.

(b) Statements as to investment of licenses in projects; access to 
        projects, maps, etc.

    To determine the actual legitimate original cost of and the net 
investment in a licensed project, and to aid the Commission in such 
determinations, each licensee shall, upon oath, within a reasonable 
period of time to be fixed by the Commission, after the construction of 
the original project or any addition thereto or betterment thereof, file 
with the Commission in such detail as the Commission may require, a 
statement in duplicate showing the actual legitimate original cost of 
construction of such project addition, or betterment, and of the price 
paid for water rights, rights-of-way, lands, or interest in lands. The 
licensee shall grant to the Commission or to its duly authorized agent 
or agents, at all reasonable times, free access to such project, 
addition, or betterment, and to all maps, profiles, contracts, reports 
of engineers, accounts, books, records, and all other papers and 
documents relating thereto. The statement of actual legitimate original 
cost of said project, and revisions thereof as determined by the 
Commission, shall be filed with the Secretary of the Treasury.

(c) Cooperation with executive departments; information and aid 
        furnished Commission

    To cooperate with the executive departments and other agencies of 
State or National Governments in such investigations; and for such 
purpose the several departments and agencies of the National Government 
are authorized and directed upon the request of the Commission, to 
furnish such records, papers, and information in their possession as may 
be requested by the Commission, and temporarily to detail to the 
Commission such officers or experts as may be necessary in such 
investigations.

(d) Publication of information, etc.; reports to Congress

    To make public from time to time the information secured hereunder, 
and to provide for the publication of its reports and investigations in 
such form and manner as may be best adapted for public information and 
use. The Commission, on or before the 3d day of January of each year, 
shall submit to Congress for the fiscal year preceding a classified 
report showing the permits and licenses issued under this subchapter, 
and in each case the parties thereto, the terms prescribed, and the 
moneys received if any, or account thereof.

(e) Issue of licenses for construction, etc., of dams, conduits, 
        reservoirs, etc.

    To issue licenses to citizens of the United States, or to any 
association of such citizens, or to any corporation organized under the 
laws of the United States or any State thereof, or to any State or 
municipality for the purpose of constructing, operating, and maintaining 
dams, water conduits, reservoirs, power houses, transmission lines, or 
other project works necessary or convenient for the development and 
improvement of navigation and for the development, transmission, and 
utilization of power across, along, from, or in any of the streams or 
other bodies of water over which Congress has jurisdiction under its 
authority to regulate commerce with foreign nations and among the 
several States, or upon any part of the public lands and reservations of 
the United States (including the Territories), or for the purpose of 
utilizing the surplus water or water power from any Government dam, 
except as herein provided: Provided, That licenses shall be issued 
within any reservation only after a finding by the Commission that the 
license will not interfere or be inconsistent with the purpose for which 
such reservation was created or acquired, and shall be subject to and 
contain such conditions as the Secretary of the department under whose 
supervision such reservation falls shall deem necessary for the adequate 
protection and utilization of such reservations: Provided further, That 
no license affecting the navigable capacity of any navigable waters of 
the United States shall be issued until the plans of the dam or other 
structures affecting the navigation have been approved by the Chief of 
Engineers and the Secretary of the Army. Whenever the contemplated 
improvement is, in the judgment of the Commission, desirable and 
justified in the public interest for the purpose of improving or 
developing a waterway or waterways for the use or benefit of interstate 
or foreign commerce, a finding to that effect shall be made by the 
Commission and shall become a part of the records of the Commission: 
Provided further, That in case the Commission shall find that any 
Government dam may be advantageously used by the United States for 
public purposes in addition to navigation, no license therefor shall be 
issued until two years after it shall have reported to Congress the 
facts and conditions relating thereto, except that this provision shall 
not apply to any Government dam constructed prior to June 10, 1920: And 
provided further, That upon the filing of any application for a license 
which has not been preceded by a preliminary permit under subsection (f) 
of this section, notice shall be given and published as required by the 
proviso of said subsection. In deciding whether to issue any license 
under this subchapter for any project, the Commission, in addition to 
the power and development purposes for which licenses are issued, shall 
give equal consideration to the purposes of energy conservation, the 
protection, mitigation of damage to, and enhancement of, fish and 
wildlife (including related spawning grounds and habitat), the 
protection of recreational opportunities, and the preservation of other 
aspects of environmental quality.

(f) Preliminary permits; notice of application

    To issue preliminary permits for the purpose of enabling applicants 
for a license hereunder to secure the data and to perform the acts 
required by section 802 of this title: Provided, however, That upon the 
filing of any application for a preliminary permit by any person, 
association, or corporation the Commission, before granting such 
application, shall at once give notice of such application in writing to 
any State or municipality likely to be interested in or affected by such 
application; and shall also publish notice of such application once each 
week for four weeks in a daily or weekly newspaper published in the 
county or counties in which the project or any part hereof or the lands 
affected thereby are situated.

(g) Investigation of occupancy for developing power; orders

    Upon its own motion to order an investigation of any occupancy of, 
or evidenced intention to occupy, for the purpose of developing electric 
power, public lands, reservations, or streams or other bodies of water 
over which Congress has jurisdiction under its authority to regulate 
commerce with foreign nations and among the several States by any 
person, corporation, State, or municipality and to issue such order as 
it may find appropriate, expedient, and in the public interest to 
conserve and utilize the navigation and water-power resources of the 
region.

(June 10, 1920, ch. 285, pt. I, Sec. 4, 41 Stat. 1065; June 23, 1930, 
ch. 572, Sec. 2, 46 Stat. 798; renumbered pt. I and amended, Aug. 26, 
1935, ch. 687, title II, Secs. 202, 212, 49 Stat. 839, 847; July 26, 
1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 97-375, 
title II, Sec. 212, Dec. 21, 1982, 96 Stat. 1826; Pub. L. 99-495, 
Sec. 3(a), Oct. 16, 1986, 100 Stat. 1243.)


                               Amendments

    1986--Subsec. (e). Pub. L. 99-495 inserted provisions that in 
deciding whether to issue any license under this subchapter, the 
Commission, in addition to power and development purposes, is required 
to give equal consideration to purposes of energy conservation, the 
protection, mitigation of damage to, and enhancement of, fish and 
wildlife, the protection of recreational opportunities, and the 
preservation of environmental quality.
    1982--Subsec. (d). Pub. L. 97-375 struck out provision that the 
report contain the names and show the compensation of the persons 
employed by the Commission.
    1935--Subsec. (a). Act Aug. 26, 1935, Sec. 202, struck out last 
paragraph of subsec. (a) which related to statements of cost of 
construction, etc., and free access to projects, maps, etc., and is now 
covered by subsec. (b).
    Subsecs. (b), (c). Act Aug. 26, 1935, Sec. 202, added subsec. (b) 
and redesignated former subsecs. (b) and (c) as (c) and (d), 
respectively.
    Subsec. (d). Act Aug. 26, 1935, Sec. 202, redesignated subsec. (c) 
as (d) and substituted ``3d day of January'' for ``first Monday in 
December'' in second sentence. Former subsec. (d) redesignated (e).
    Subsec. (e). Act Aug. 26, 1935, Sec. 202, redesignated subsec. (d) 
and (e) and substituted ``streams or other bodies of water over which 
Congress has jurisdiction under its authority to regulate commerce with 
foreign nations and among the several States'' for ``navigable waters of 
the United States'' and ``subsection (f)'' for ``subsection (e)''. 
Former subsec. (e) redesignated (f).
    Subsec. (f). Act Aug. 26, 1935, Sec. 202, redesignated subsec. (e) 
as (f) and substituted ``once each week for four weeks'' for ``for eight 
weeks''. Former section (f), which related to the power of the 
Commission to prescribe regulations for the establishment of a system of 
accounts and the maintenance thereof, was struck out by act Aug. 26, 
1935.
    Subsec. (g). Act Aug. 26, 1935, Sec. 202, added subsec. (g). Former 
subsec. (g), which related to the power of the Commission to hold 
hearings and take testimony by deposition, was struck out.
    Subsec. (h). Act Aug. 26, 1935, Sec. 202, struck out subsec. (h) 
which related to the power of the Commission to perform any and all acts 
necessary and proper for the purpose of carrying out the provisions of 
this chapter.
    1930--Subsec. (d). Act June 23, 1930, inserted sentence respecting 
contents of report.

                         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.


                    Effective Date of 1986 Amendment

    Section 18 of Pub. L. 99-495 provided that: ``Except as otherwise 
provided in this Act, the amendments made by this Act [enacting section 
823b of this title and amending this section and sections 800, 802, 803, 
807, 808, 817, 823a, 824a-3, and 824j of this title] shall take effect 
with respect to each license, permit, or exemption issued under the 
Federal Power Act after the enactment of this Act [Oct. 16, 1986]. The 
amendments made by sections 6 and 12 of this Act [enacting section 823b 
of this title and amending section 817 of this title] shall apply to 
licenses, permits, and exemptions without regard to when issued.''


                            Savings Provision

    Section 17(a) of Pub. L. 99-495 provided that: ``Nothing in this Act 
[see Short Title of 1986 Amendment note set out under section 791a of 
this title] shall be construed as authorizing the appropriation of water 
by any Federal, State, or local agency, Indian tribe, or any other 
entity or individual. Nor shall any provision of this Act--
        ``(1) affect the rights or jurisdiction of the United States, 
    the States, Indian tribes, or other entities over waters of any 
    river or stream or over any ground water resource;
        ``(2) alter, amend, repeal, interpret, modify, or be in conflict 
    with any interstate compact made by the States;
        ``(3) alter or establish the respective rights of States, the 
    United States, Indian tribes, or any person with respect to any 
    water or water-related right;
        ``(4) affect, expand, or create rights to use transmission 
    facilities owned by the Federal Government;
        ``(5) alter, amend, repeal, interpret, modify, or be in conflict 
    with, the Treaty rights or other rights of any Indian tribe;
        ``(6) permit the filing of any competing application in any 
    relicensing proceeding where the time for filing a competing 
    application expired before the enactment of this Act [Oct. 16, 
    1986]; or
        ``(7) modify, supersede, or affect the Pacific Northwest 
    Electric Power Planning and Conservation Act [16 U.S.C. 839 et 
    seq.].''


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in subsec. 
(d) of this section relating to submitting a classified annual report to 
Congress showing permits and licenses issued under this subchapter, see 
section 3003 of Pub. L. 104-66, as amended, set out as a note under 
section 1113 of Title 31, Money and Finance, and page 91 of House 
Document No. 103-7.

                          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.
    Executive and administrative functions of Federal Power Commission, 
with certain reservations, transferred to Chairman of such Commission, 
with authority vested in him to authorize their performance by any 
officer, employee, or administrative unit under his jurisdiction, by 
Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 
64 Stat. 1265, set out as a note under section 792 of this title.


               Improvement at Existing Federal Facilities

    Pub. L. 102-486, title XXIV, Sec. 2404, Oct. 24, 1992, 106 Stat. 
3097, as amended by Pub. L. 103-437, Sec. 6(d)(37), Nov. 2, 1994, 108 
Stat. 4585; Pub. L. 104-66, title I, Sec. 1052(h), Dec. 21, 1995, 109 
Stat. 718, directed Secretary of the Interior and Secretary of the Army, 
in consultation with Secretary of Energy, to perform reconnaissance 
level studies, for each of the Nation's principal river basins, of cost 
effective opportunities to increase hydropower production at existing 
federally-owned or operated water regulation, storage, and conveyance 
facilities, with such studies to be completed within 2 years after Oct. 
24, 1992, and transmitted to Congress, further provided that in cases 
where such studies had been prepared by any agency of the United States 
and published within ten years prior to Oct. 24, 1992, Secretary of the 
Interior, or Secretary of the Army, could choose to rely on information 
developed by prior studies rather than conduct new studies, and further 
provided for appropriations for fiscal years 1993 to 1995.


                Water Conservation and Energy Production

    Pub. L. 102-486, title XXIV, Sec. 2405, Oct. 24, 1992, 106 Stat. 
3098, provided that:
    ``(a) Studies.--The Secretary of the Interior, acting pursuant to 
the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388) [43 
U.S.C. 371 et seq.], and Acts supplementary thereto and amendatory 
thereof, is authorized and directed to conduct feasibility 
investigations of opportunities to increase the amount of hydroelectric 
energy available for marketing by the Secretary from Federal 
hydroelectric power generation facilities resulting from a reduction in 
the consumptive use of such power for Federal reclamation project 
purposes or as a result of an increase in the amount of water available 
for such generation because of water conservation efforts on Federal 
reclamation projects or a combination thereof. The Secretary of the 
Interior is further authorized and directed to conduct feasibility 
investigations of opportunities to mitigate damages to or enhance fish 
and wildlife as a result of increasing the amount of water available for 
such purposes because of water conservation efforts on Federal 
reclamation projects. Such feasibility investigations shall include, but 
not be limited to--
        ``(1) an analysis of the technical, environmental, and economic 
    feasibility of reducing the amount of water diverted upstream of 
    such Federal hydroelectric power generation facilities by Federal 
    reclamation projects;
        ``(2) an estimate of the reduction, if any, of project power 
    consumed as a result of the decreased amount of diversion;
        ``(3) an estimate of the increase in the amount of electrical 
    energy and related revenues which would result from the marketing of 
    such power by the Secretary;
        ``(4) an estimate of the fish and wildlife benefits which would 
    result from the decreased or modified diversions;
        ``(5) a finding by the Secretary of the Interior that the 
    activities proposed in the feasibility study can be carried out in 
    accordance with applicable Federal and State law, interstate 
    compacts and the contractual obligations of the Secretary; and
        ``(6) a finding by the affected Federal Power Marketing 
    Administrator that the hydroelectric component of the proposed water 
    conservation feature is cost-effective and that the affected 
    Administrator is able to market the hydro-electric power expected to 
    be generated.
    ``(b) Consultation.--In preparing feasibility studies pursuant to 
this section, the Secretary of the Interior shall consult with, and seek 
the recommendations of, affected State, local and Indian tribal 
interests, and shall provide for appropriate public comment.
    ``(c) Authorization.--There is hereby authorized to be appropriated 
to the Secretary of the Interior such sums as may be necessary to carry 
out this section.''


               Projects on Fresh Waters in State of Hawaii

    Pub. L. 102-486, title XXIV, Sec. 2408, Oct. 24, 1992, 106 Stat. 
3100, directed Federal Energy Regulatory Commission, in consultation 
with State of Hawaii, to carry out study of hydroelectric licensing in 
State of Hawaii for purposes of considering whether such licensing 
should be transferred to State, and directed Commission to complete 
study and submit report containing results of study to Congress within 
18 months after Oct. 24, 1992.

                  Section Referred to in Other Sections

    This section is referred to in sections 796, 803, 823c, 828b of this 
title; title 42 section 7172.
