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

Summary

You may not build, run, or keep a dam, water channel, reservoir, power house, or similar works in or across navigable U.S. waters, or on public lands or reservations (including U.S. Territories), or use surplus water or power from a federal dam, unless you have a permit or right-of-way given before June 10, 1920, or a license under this law. If you plan to build on a stream that is not listed as navigable but is under Congress’s commerce power, you must file a notice with the Commission first. The Commission will investigate. If it finds the project would affect interstate or foreign commerce, you cannot build until you get a license. If it does not find that and no public lands are involved, you may build following state law. No one may start a major change to a project that is licensed or exempt under this law unless the change is allowed by the license or exemption and the rules of this subchapter. “Commence” means starting physical on-site work other than surveys or testing.

Title 16, §817

Conservation — Source: USLM XML via OLRC

(1)It shall be unlawful for any person, State, or municipality, for the purpose of developing electric power, to construct, operate, or maintain any dam, water conduit, reservoir, power house, or other works incidental thereto across, along, or in any of the navigable waters of the United States, or upon any part of the public lands or reservations of the United States (including the Territories), or utilize the surplus water or water power from any Government dam, except under and in accordance with the terms of a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to this chapter. Any person, association, corporation, State, or municipality intending to construct a dam or other project works, across, along, over, or in any stream or part thereof, other than those defined in this chapter as navigable waters, and over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States shall before such construction file declaration of such intention with the Commission, whereupon the Commission shall cause immediate investigation of such proposed construction to be made, and if upon investigation it shall find that the interests of interstate or foreign commerce would be affected by such proposed construction, such person, association, corporation, State, or municipality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a license under the provisions of this chapter. If the Commission shall not so find, and if no public lands or reservations are affected, permission is granted to construct such dam or other project works in such stream upon compliance with State laws.

(2)No person may commence any significant modification of any project licensed under, or exempted from, this chapter unless such modification is authorized in accordance with terms and conditions of such license or exemption and the applicable requirements of this subchapter. As used in this paragraph, the term “commence” refers to the beginning of physical on-site activity other than surveys or testing.

Notes & Related Subsidiaries

Editorial Notes

Codification Section consists of subsec. (b) of section 23 of act

June 10, 1920, as so designated by act Aug. 26, 1935. Subsec. (a) of section 23 of act

June 10, 1920, is set out as section 816 of this title.

Amendments

1986—Pub. L. 99–495 designated existing provisions as par. (1) and added par. (2). 1935—Act Aug. 26, 1935, § 210, amended section generally, inserting first sentence, and substituting “with foreign nations” for “between foreign nations”, “shall before such

Construction

” for “may in their discretion” and “shall not construct, maintain, or operate such dam or other project works” for “shall not proceed with such

Construction

”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–495 applicable to licenses, permits, and exemptions without regard to when issued, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.

§817 Projects Not Affecting Navigable Waters; Necessity for Federal License, Permit or Right-of-way; Unauthorized Activities

Summary

Title 16, §817

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Construction

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata