PRIA Logo™
Title 16, ConservationRelease 119-102

§804 Project Works Affecting Navigable Waters; Requirements Insertable in License

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

Last updated Aug 21, 2026|Official source

Summary

When a dam or similar project is built on a U.S. navigable water, the commission can require things needed for present or future navigation if those steps are reasonably necessary and reasonably affordable for the licensee. Those requirements become part of the license. The licensee may have to build locks or other navigation structures at its own cost under plans approved by the Chief of Engineers and the Secretary of the Army. If the licensee does not build them, it must give the United States, at no cost, needed land, rights to use land and passage through its works, and control of pools so the United States can finish the work. The licensee must also supply power, at no cost, to operate the navigation facilities.

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

Aug 21, 2026

Release point: 119-102