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Title 16 — ConservationRelease 119-73

§804 Project works affecting navigable waters; requirements insertable in license

Title 16 › Chapter CHAPTER 12— - FEDERAL REGULATION AND DEVELOPMENT OF POWER › Subchapter SUBCHAPTER I— - REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES › § 804

Last updated Apr 6, 2026|Official source

Summary

The commission can require extra things in a license when a dam or project crosses U.S. navigable waters if those things are needed to protect navigation now and in the future and if the cost is reasonable for the dam owner. Licensee means the person or company holding the license (the dam owner/operator). The commission may require the licensee to build navigation structures (locks, booms, sluices, or similar) at the licensee’s expense, using plans approved by the Chief of Engineers and the Secretary of the Army. If those structures are not built then, the licensee must give the United States any land, rights‑of‑way, passage through the dam, and control of water pools needed for the U.S. to finish them, free of charge. The licensee must also provide power, at no cost, to run whatever navigation facilities are built, whether the licensee or the United States builds them.

Full Legal Text

Title 16, §804

Conservation — Source: USLM XML via OLRC

If the dam or other project works are to be constructed across, along, or in any of the navigable waters of the United States, the commission may, insofar as it deems the same reasonably necessary to promote the present and future needs of navigation and consistent with a reasonable investment cost to the licensee, include in the license any one or more of the following provisions or requirements:
(a)That such licensee shall, to the extent necessary to preserve and improve navigation facilities, construct, in whole or in part, without expense to the United States, in connection with such dam, a lock or locks, booms, sluices, or other structures for navigation purposes, in accordance with plans and specifications approved by the Chief of Engineers and the Secretary of the Army and made part of such license.
(b)That in case such structures for navigation purposes are not made a part of the original construction at the expense of the licensee, then whenever the United States shall desire to complete such navigation facilities the licensee shall convey to the United States, free of cost, such of its land and its rights-of-way and such right of passage through its dams or other structures, and permit such control of pools as may be required to complete such navigation facilities.
(c)That such licensee shall furnish free of cost to the United States power for the operation of such navigation facilities, whether constructed by the licensee or by the United States.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 804

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73