
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: 16USC816]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 816. Preservation of rights vested prior to June 10, 1920

    The provisions of this subchapter shall not be construed as 
affecting any permit or valid existing right-of-way granted prior to 
June 10, 1920, or as confirming or otherwise affecting any claim, or as 
affecting any authority heretofore given pursuant to law, but any 
person, association, corporation, State, or municipality holding or 
possessing such permit, right-of-way or authority may apply for a 
license under this chapter, and upon such application the Commission may 
issue to any such applicant a license in accordance with the provisions 
of this subchapter and in such case the provisions of this chapter shall 
apply to such applicant as a licensee under this chapter: Provided, That 
when application is made for a license under this section for a project 
or projects already constructed the fair value of said project or 
projects determined as provided in this section, shall for the purposes 
of this subchapter and of said license be deemed to be the amount to be 
allowed as the net investment of the applicant in such project or 
projects as of the date of such license, or as of the date of such 
determination, if license has not been issued. Such fair value shall be 
determined by the Commission after notice and opportunity for hearing.

(June 10, 1920, ch. 285, pt. I, Sec. 23(a), 41 Stat. 1075; renumbered 
pt. I and amended, Aug. 26, 1935, ch. 687, title II, Secs. 210, 212, 49 
Stat. 846, 847.)

                          Codification

    Section consists of subsec. (a) of section 23 of act June 10, 1920, 
as so designated by act Aug. 26, 1935. Subsec. (b) of section 23 of act 
June 10, 1920, is set out as section 817 of this title.


                               Amendments

    1935--Act Aug. 26, 1935, Sec. 210, amended section generally, 
substituting ``part'' for ``chapter'' wherever appearing, substituting 
``heretofore'' for ``then'', and substituting the last sentence for 
``Such fair value may, in the discretion of the commission, be 
determined by mutual agreement between the commission and the applicant 
or, in case they cannot agree, jurisdiction is hereby conferred upon the 
district court of the United States in the district within which such 
project or projects may be located, upon the application of either 
party, to hear and determine the amount of such fair value.''

                          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.
