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

Summary

Anyone applying for a license under this chapter must give the commission maps, plans, specifications, and cost estimates needed to explain the project. If the commission approves those plans, they become part of the license and cannot be changed without the commission’s OK. The applicant must also show they have followed state rules about riverbeds, water use for power, and the legal right to build and sell power, plus any other information the commission asks for. When filing a license application (except one under section 808), the applicant must try in good faith to notify by certified mail the recorded owners of property inside the project area and any federal, state, or local government agencies that might be interested or affected.

Title 16, §802

Conservation — Source: USLM XML via OLRC

(a)Each applicant for a license under this chapter shall submit to the commission—

(1)Such maps, plans, specifications, and estimates of cost as may be required for a full understanding of the proposed project. Such maps, plans, and specifications when approved by the commission shall be made a part of the license; and thereafter no change shall be made in said maps, plans, or specifications until such changes shall have been approved and made a part of such license by the commission.

(2)Satisfactory evidence that the applicant has complied with the requirements of the laws of the State or States within which the proposed project is to be located with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes and with respect to the right to engage in the business of developing, transmitting and distributing power, and in any other business necessary to effect the purposes of a license under this chapter.

(3)11 See Codification note below. Such additional information as the commission may require.

(b)Upon the filing of any application for a license (other than a license under section 808 of this title) the applicant shall make a good faith effort to notify each of the following by certified mail:

(1)Any person who is an owner of record of any interest in the property within the bounds of the project.

(2)Any Federal, State, municipal or other local governmental agency likely to be interested in or affected by such application.

Notes & Related Subsidiaries

Editorial Notes

Codification Former subsec. (c), included in the provisions designated as subsec. (a) by Pub. L. 99–495, has been editorially redesignated as par. (3) of subsec. (a) as the probable intent of Congress.

Amendments

1986—Pub. L. 99–495 designated existing provisions as subsec. (a), redesignated former subsecs. (a) and (b) as pars. (1) and (2) of subsec. (a), and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.

§802 Information to Accompany Application for License; Landowner Notification