§798 — Title 16 Conservation | U.S. Code

Summary

Preliminary permits let an applicant keep their place in line for a license while they do surveys, make plans, and arrange financing. A permit can last up to 4 years. The Commission may extend it one time for up to 4 more years if the permit holder acted in good faith and worked with reasonable diligence, and may grant another permit only for extraordinary circumstances. Each permit must list the conditions to keep priority. Permits cannot be transferred and can be canceled for failing to follow the conditions or for other good cause after notice and a hearing.

Title 16, §798

Conservation — Source: USLM XML via OLRC

(a)Each preliminary permit issued under this subchapter shall be for the sole purpose of maintaining priority of application for a license under the terms of this chapter for such period or periods, not exceeding a total of 4 years, as in the discretion of the Commission may be necessary for making examinations and surveys, for preparing maps, plans, specifications, and estimates, and for making financial arrangements.

(b)The Commission may—

(1)extend the period of a preliminary permit once for not more than 4 additional years beyond the 4 years permitted by subsection (a) if the Commission finds that the permittee has carried out activities under such permit in good faith and with reasonable diligence; and

(2)after the end of an extension period granted under paragraph (1), issue an additional permit to the permittee if the Commission determines that there are extraordinary circumstances that warrant the issuance of the additional permit.

(c)Each such permit shall set forth the conditions under which priority shall be maintained.

(d)Such permits shall not be transferable, and may be canceled by order of the Commission upon failure of permittees to comply with the conditions thereof or for other good cause shown after notice and opportunity for hearing.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–270, § 3001(a)(1), substituted “4 years” for “three years”. Subsec. (b). Pub. L. 115–270, § 3001(a)(2), inserted dash after “The Commission may”, designated remaining provisions as par. (1), substituted “4 additional years beyond the 4 years” for “2 additional years beyond the 3 years”, and added par. (2). 2013—Pub. L. 113–23 designated existing first, second, and third sentences as subsecs. (a), (c), and (d), respectively, and added subsec. (b). 1935—Act Aug. 26, 1935, § 203, amended section generally, striking out “and a license issued” at end of second sentence and inserting “or for other good cause shown after notice and opportunity for hearing” in last sentence.

§798 Purpose and scope of preliminary permits; transfer and cancellation

Summary

Title 16, §798

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata