PRIA, Government Policy, Made Personal

Summary

Preliminary permits let an applicant keep priority to apply for a license while doing surveys, preparing plans, and arranging financing, for up to 4 years. The Commission may extend a permit once for up to 4 more years if the holder acted in good faith, and may grant one additional permit only for extraordinary circumstances. Permits list conditions, are not transferable, and can be canceled after notice and a hearing for failing to follow the conditions or for other good cause.

Title 16, §798

Conservation, Source: USLM XML via OLRC

(a)Purpose

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)Extension of period

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)Permit conditions

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

(d)Non-transferability and cancellation of permits

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