
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: 16USC811]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 811. Operation of navigation facilities; rules and 
        regulations; penalties
        
    The Commission shall require the construction, maintenance, and 
operation by a licensee at its own expense of such lights and signals as 
may be directed by the Secretary of the Department in which the Coast 
Guard is operating, and such fishways as may be prescribed by the 
Secretary of the Interior or the Secretary of Commerce, as appropriate. 
The operation of any navigation facilities which may be constructed as a 
part of or in connection with any dam or diversion structure built under 
the provisions of this chapter, whether at the expense of a licensee 
hereunder or of the United States, shall at all times be controlled by 
such reasonable rules and regulations in the interest of navigation, 
including the control of the level of the pool caused by such dam or 
diversion structure as may be made from time to time by the Secretary of 
the Army; and for willful failure to comply with any such rule or 
regulation such licensee shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished as provided in section 825o of 
this title.

(June 10, 1920, ch. 285, pt. I, Sec. 18, 41 Stat. 1073; renumbered pt. I 
and amended, Aug. 26, 1935, ch. 687, title II, Secs. 209, 212, 49 Stat. 
845, 847; 1939 Reorg. Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 
2731, 53 Stat. 1433; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 
Stat. 501; June 4, 1956, ch. 351, Sec. 2, 70 Stat. 226; 1970 Reorg. Plan 
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)


                               Amendments

    1956--Act June 4, 1956, substituted ``Secretary of the Department in 
which the Coast Guard is operating'' for ``Secretary of War'' in first 
sentence.
    1935--Act Aug. 26, 1935, Sec. 209, amended section generally, 
inserting first sentence, striking out ``Such rules and regulations may 
include the maintenance and operation of such licensee at its own 
expense of such lights and signals as may be directed by the Secretary 
of War, and such fishways as may be prescribed by the Secretary of 
Commerce.'', and substituting section ``825o'' for section ``819''.

                         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, personnel, 
property, funds, etc., transferred to Secretary of Energy (except for 
certain functions transferred to Federal Energy Regulatory Commission) 
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The 
Public Health and Welfare.
    Reference to Secretary of Commerce inserted in view of: creation of 
National Oceanic and Atmospheric Administration in Department of 
Commerce and Office of Administrator of such Administration; abolition 
of Bureau of Commercial Fisheries in Department of the Interior and 
Office of Director of such Bureau; transfers of functions, including 
functions formerly vested by law in Secretary of the Interior or 
Department of the Interior which were administered through Bureau of 
Commercial Fisheries or were primarily related to such Bureau, exclusive 
of certain enumerated functions with respect to Great Lakes fishery 
research, Missouri River Reservoir research, Gulf Breeze Biological 
Laboratory, and Trans-Alaska pipeline investigations; and transfer of 
marine sport fish program of Bureau of Sport Fisheries and Wildlife by 
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 
2090, set out in the Appendix to Title 5, Government Organization and 
Employees.
    Coast Guard transferred to Department of Transportation and all 
functions, powers, and duties, relating to Coast Guard, of Secretary of 
the Treasury and of other offices and officers of Department of the 
Treasury transferred to Secretary of Transportation by section 6(b)(1) 
of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938. See Section 108 of Title 
49, Transportation.
    Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, 
Government Organization and Employees, transferred Bureau of Fisheries 
in Department of Commerce and its functions to Department of the 
Interior, to be administered under direction and supervision of 
Secretary of the Interior.


              Clarification of Authority Regarding Fishways

    Pub. L. 102-486, title XVII, Sec. 1701(b), Oct. 24, 1992, 106 Stat. 
3008, provided that: ``The definition of the term `fishway' contained in 
18 C.F.R. 4.30(b)(9)(iii), as in effect on the date of enactment of this 
Act [Oct. 24, 1992], is vacated without prejudice to any definition or 
interpretation by rule of the term `fishway' by the Federal Energy 
Regulatory Commission for purposes of implementing section 18 of the 
Federal Power Act [16 U.S.C. 811]: Provided, That any future definition 
promulgated by regulatory rulemaking shall have no force or effect 
unless concurred in by the Secretary of the Interior and the Secretary 
of Commerce: Provided further, That the items which may constitute a 
`fishway' under section 18 for the safe and timely upstream and 
downstream passage of fish shall be limited to physical structures, 
facilities, or devices necessary to maintain all life stages of such 
fish, and project operations and measures related to such structures, 
facilities, or devices which are necessary to ensure the effectiveness 
of such structures, facilities, or devices for such fish.''
