
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: 16USC800]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 800. Issuance of preliminary permits or licenses


(a) Preference

    In issuing preliminary permits hereunder or original licenses where 
no preliminary permit has been issued, the Commission shall give 
preference to applications therefor by States and municipalities, 
provided the plans for the same are deemed by the Commission equally 
well adapted, or shall within a reasonable time to be fixed by the 
Commission be made equally well adapted, to conserve and utilize in the 
public interest the water resources of the region; and as between other 
applicants, the Commission may give preference to the applicant the 
plans of which it finds and determines are best adapted to develop, 
conserve, and utilize in the public interest the water resources of the 
region, if it be satisfied as to the ability of the applicant to carry 
out such plans.

(b) Development of water resources by United States; reports

    Whenever, in the judgment of the Commission, the development of any 
water resources for public purposes should be undertaken by the United 
States itself, the Commission shall not approve any application for any 
project affecting such development, but shall cause to be made such 
examinations, surveys, reports, plans, and estimates of the cost of the 
proposed development as it may find necessary, and shall submit its 
findings to Congress with such recommendations as it may find 
appropriate concerning such development.

(c) Assumption of project by United States after expiration of license

    Whenever, after notice and opportunity for hearing, the Commission 
determines that the United States should exercise its right upon or 
after the expiration of any license to take over any project or projects 
for public purposes, the Commission shall not issue a new license to the 
original licensee or to a new licensee but shall submit its 
recommendation to Congress together with such information as it may 
consider appropriate.

(June 10, 1920, ch. 285, pt. I, Sec. 7, 41 Stat. 1067; renumbered pt. I 
and amended, Aug. 26, 1935, ch. 687, title II, Secs. 205, 212, 49 Stat. 
842, 847; Pub. L. 90-451, Sec. 1, Aug. 3, 1968, 82 Stat. 616; Pub. L. 
99-495, Sec. 2, Oct. 16, 1986, 100 Stat. 1243.)

                          Codification

    Additional provisions in the section as enacted by act June 10, 
1920, directing the commission to investigate the cost and economic 
value of the power plant outlined in project numbered 3, House Document 
numbered 1400, Sixty-second Congress, third session, and also in 
connection with such project to submit plans and estimates of cost 
necessary to secure an increased water supply for the District of 
Columbia, have been omitted as temporary and executed.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-495 inserted ``original'' after 
``hereunder or'' and substituted ``issued,'' for ``issued and in issuing 
licenses to new licensees under section 808 of this title''.
    1968--Subsec. (c). Pub. L. 90-451 added subsec. (c).
    1935--Act Aug. 26, 1935, Sec. 205, amended section generally, 
striking out ``navigation and'' before ``water resources'' wherever 
appearing, and designating paragraphs as subsecs. (a) and (b).


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-495 effective with respect to each license, 
permit, or exemption issued under this chapter after Oct. 16, 1986, 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.
    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.

                  Section Referred to in Other Sections

    This section is referred to in section 807 of this title.
