16 U.S.C. § 800

Issuance of preliminary permits or licenses

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(a) Preference

In issuing preliminary permits hereunder or original licenses where no preliminary permit has been issued, the Commission shall give preference to applications therefor by States, Indian tribes, and municipalities, provided the plans for the same are deemed by the Commission equally well adapted, or shall within a reasonable time to be fixed by the Commission be made equally well adapted, to conserve and utilize in the public interest the water resources of the region; and as between other applicants, the Commission may give preference to the applicant the plans of which it finds and determines are best adapted to develop, conserve, and utilize in the public interest the water resources of the region, if it be satisfied as to the ability of the applicant to carry out such plans.

(b) Development of water resources by United States; reports

Whenever, in the judgment of the Commission, the development of any water resources for public purposes should be undertaken by the United States itself, the Commission shall not approve any application for any project affecting such development, but shall cause to be made such examinations, surveys, reports, plans, and estimates of the cost of the proposed development as it may find necessary, and shall submit its findings to Congress with such recommendations as it may find appropriate concerning such development.

Whenever, after notice and opportunity for hearing, the Commission determines that the United States should exercise its right upon or after the expiration of any license to take over any project or projects for public purposes, the Commission shall not issue a new license to the original licensee or to a new licensee but shall submit its recommendation to Congress together with such information as it may consider appropriate.

(June 10, 1920, ch. 285, pt. I, § 7, 41 Stat. 1067; renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 205, 212, 49 Stat. 842, 847; Pub. L. 90–451, § 1, Aug. 3, 1968, 82 Stat. 616; Pub. L. 99–495, § 2, Oct. 16, 1986, 100 Stat. 1243; Pub. L. 115–325, title II, § 201(a), Dec. 18, 2018, 132 Stat. 4459.)Editorial NotesCodification

Additional provisions in the section as enacted by act June 10, 1920, directing the commission to investigate the cost and economic value of the power plant outlined in project numbered 3, House Document numbered 1400, Sixty-second Congress, third session, and also in connection with such project to submit plans and estimates of cost necessary to secure an increased water supply for the District of Columbia, have been omitted as temporary and executed.

Amendments

2018—Subsec. (a). Pub. L. 115–325 substituted “States, Indian tribes, and municipalities” for “States and municipalities”.

1986—Subsec. (a). Pub. L. 99–495 inserted “original” after “hereunder or” and substituted “issued,” for “issued and in issuing licenses to new licensees under section 808 of this title”.

1968—Subsec. (c). Pub. L. 90–451 added subsec. (c).

1935—Act Aug. 26, 1935, § 205, amended section generally, striking out “navigation and” before “water resources” wherever appearing, and designating paragraphs as subsecs. (a) and (b).

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Amendment 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.

Applicability of 2018 Amendment

Pub. L. 115–325, title II, § 201(b), Dec. 18, 2018, 132 Stat. 4459, provided that: “The amendment made by subsection (a) [amending this section] shall not affect—“(1) any preliminary permit or original license issued before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017 [Dec. 18, 2018]; or“(2) an application for an original license, if the Commission has issued a notice accepting that application for filing pursuant to section 4.32(d) of title 18, Code of Federal Regulations (or successor regulations), before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017.”

Definition of Indian Tribe

Pub. L. 115–325, title II, § 201(c), Dec. 18, 2018, 132 Stat. 4459, provided that: “For purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection (a)), the term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”

Notes of Decisions

Cited in 41 cases, 1945–2019 · leading case: Udall v. Fed. Power Comm'n, 387 U.S. 428 (1967).

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Udall v. Fed. Power Comm'n, 387 U.S. 428 (1967). · cites it 6× “842 , 16 U. S. C. § 800 (b), which provides: "Whenever, in the judgment of the Commission, the development of any water resources for public purposes should be undertaken by the United States itself, the Commission shall not approve any application for any project affecting such…”

United States Ex Rel. Chapman v. Fed. Power Comm'n, 345 U.S. 153 (1953). · cites it 4× “842 , 16 U. S. C. § 800 (b), to make investigations and submit its findings together with appropriate recommendations to Congress and in any event bars the Commission from approving applications for private construction of the project.”

W. Minnesota Mun. Power Agency v. Fed. Energy Regulatory Comm'n, 806 F.3d 588 (D.C. Cir. 2015). · cites it 3× “” 16 U.S.C. § 800 (a). A “municipality” is defined as “a city, county, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing…”

Cities of Anaheim & Riverside, California v. Fed. Energy Regulatory Comm'n, S. California Edison Co., Intervenor, 692 F.2d 773 (D.C. Cir. 1982). · cites it 4× “) Section 7(a), 16 U.S.C. § 800 (a), reads in part: (a) Preference.”

Delaware River Basin Comm'n & Commonwealth of Pennsylvania v. Fed. Energy Regulatory Comm'n, 680 F.2d 16 (3rd Cir. 1982). · cites it 3× “Following the preference hierarchy established by 16 U.S.C. § 800 and by Sections 4.33g(2) & (3) of the Commission’s regulations, 18 C.”

Georgia Power Co. v. 138.30 Acres of Land, 617 F.2d 1112 (5th Cir. 1980). · cites it 3× “Before a license may be issued under the Federal Power Act, there must be a determination by the Commission that the project does not affect the “development of any water resources for public purposes [that] should be undertaken by the United States itself.”

Friends of Keeseville, Inc. v. Fed. Energy Regulatory Comm'n, 859 F.2d 230 (D.C. Cir. 1988). “” 16 U.S.C. § 800 (a). 4 . The Federal Power Act requires that application for rehearing must be made within thirty days after the issuance of a FERC order.”

Clark-Cowlitz Jt. Operating Agency v. Fed. Energy Regulatory Comm'n, 826 F.2d 1074 (D.C. Cir. 1987). · cites it 7× “The specific issue before us is whether in competing for a license, a public entity, the Clark-Cowlitz Joint Operating Agency, was entitled to the municipal (and State) preference prescribed in section 7(a) of the Federal Power Act, 16 U.S.C. § 800 (a) (1982). 1 The Federal…”

N. Colorado Water Conservancy Dist. v. Fed. Energy Regulatory Comm'n, Energenics Sys., Inc., Intervenor, 730 F.2d 1509 (D.C. Cir. 1984). “16 U.S.C. § 800 (a) (1982). In any such proceeding a state or municipality must receive the permit or license if its plan is at least as well adapted to serving the public’s water resource interests as the plan of the private parties.”

City of Oswego, New York v. Fed. Energy Regulatory Comm'n, 97 F.3d 1490 (D.C. Cir. 1996). · cites it 2× “As a municipality, the City was entitled to a bidding preference under § 7(a) of the FPA, 16 U.S.C. § 800 (a). 1 In 1991, FERC found that the High Dam project fell within its jurisdiction.”

Emerald PUD v. PP & L, 729 P.2d 552 (Or. 1986). “Section 7 of the Federal Power Act, 16 U.S.C. § 800 (a), granted a preference to "states and municipalities" in the issuance of licenses.”

Appomattox River Water Auth. v. Fed. Energy Regulatory Comm'n, Brasfield Dev. Ltd., Intervenor, 736 F.2d 1000 (4th Cir. 1984). · cites it 2× “16 U.S.C. § 800 (a). In all other cases, if the FERC finds the preliminary proposals equally well-adapted to efficient use of the water, the first filing party receives the permit.”

Show all 41 citing cases →

— 16 U.S.C. § 800(a) — 1 case

Kamargo Corp. v. Fed. Energy Regulatory Comm'n, Niagara Mohawk Power Corp., Intervenor, 852 F.2d 1392 (D.C. Cir. 1988).

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