U.S. Code » Title 16 » Chapter CHAPTER 12— FEDERAL REGULATION AND DEVELOPMENT OF POWER › Subchapter SUBCHAPTER I— REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES

16 U.S.C. § 802

Information to accompany application for license; landowner notification

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(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.(June 10, 1920, ch. 285, pt. I, § 9, 41 Stat. 1068; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Pub. L. 99–495, § 14, Oct. 16, 1986, 100 Stat. 1257.)Editorial NotesCodification

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 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.

Notes of Decisions
Cited in 41 cases, 1945–2010 · leading case: City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320 (1958).
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City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320 (1958). · cites it 8× “1068 , 16 U. S. C. § 802 (a). Those maps, plans and specifications made clear that the State's hatchery would be inundated by the proposed Mayfield Reservoir.”
First Iowa Hydro-Elec. Coop. v. Fed. Power Comm'n, 328 U.S. 152 (1946). · cites it 4× “1063 , 1068; 16 U.S.C. § 802 (b), [1] Congress explicitly required that before the Commission can issue a license for the construction of a hydro-electric development, such as the proposed project of the petitioner, the Commission must have "satisfactory evidence that the…”
California v. Fed. Energy Regulatory Comm'n, 495 U.S. 490 (1990). · cites it 2× “§802 (a)(2) (formerly 16 U. S. C. §802 (b) (1982 ed.)), provides: “(a) Each applicant for a license under this chapter shall submit to the commission— “(2) Satisfactory evidence that the applicant has complied with the requirements of the laws of the State or States within which…”
Ppl Montana, LLC v. State, 2010 MT 64 (Mont. 2010). · cites it 2× “6 (quoting 16 U.S.C. § 802 ); see also 16 U.S.C.A. § 821 (West 2010).”
Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 572 P.2d 1128 (Cal. 1977). · cites it 4× “§ 821 ), like section 8 of the Reclamation Act, provides that nothing in the act shall be interpreted so as to interfere with state laws concerning the control, appropriation, use or distribution of water.”
Escondido Mut. Water Co. v. La Jolla Band of Mission Indians, 466 U.S. 765 (1984). “§ 821 , and the license applicant must submit satisfactory evidence that he has obtained sufficient water rights to operate the project authorized in the license, 16 U. S. C. § 802 (b). Second, if the Bands are using water, the rights to which are owned by the license applicant,…”
City of Tacoma v. Taxpayers of Tacoma, 307 P.2d 567 (Wash. 1957). · cites it 4× “Section 9 ( 16 U.S.C.A. § 802 ) provides: "Each applicant for a license under this chapter shall submit to the commission — "(a) Such maps, plans, specifications, and estimates of cost as may be required for a full understanding of the proposed project.”
Fed. Power Comm'n v. Oregon, 349 U.S. 435 (1955). · cites it 2× “1068 , 16 U. S. C. § 802 (b), and 49 Stat. 842 , 16 U.”
Karuk Tribe of N. California v. California Reg'l Water Quality Control Bd., North Coast Region, 183 Cal. App. 4th 330 (Cal. Ct. App. 2010). “Each applicant for a license under this chapter shall submit to the commission—[ft] (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…”
Town of Springfield v. Vermont Env't Bd., 521 F. Supp. 243 (D. Vt. 1981). · cites it 2× “In First Iowa, the seminal case for preemption by the Federal Power Act, the Federal Power Commission had dismissed a license application without prejudice because the applicant had failed to submit satisfactory evidence, pursuant to section 9(b) of the Act, 16 U.S.C. § 802 (b),…”
Hackett v. J.L.G. Props., LLC, 940 A.2d 769 (Conn. 2008). · cites it 4× “" 16 U.S.C. § 802 (a)(2). As a condition of a license, a licensee is required to develop a "comprehensive plan" for the "adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat), and for other beneficial public uses,…”
Nat'l Wildlife Fed'n, Idaho Wildlife Fed'n, & the Nez Perce Tribe, Intervenor-Petitioner v. Fed. Energy Regulatory Comm'n, 801 F.2d 1505 (9th Cir. 1986). “” 16 U.S.C. § 802 ; see generally 18 C.F.R.”
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— 16 U.S.C. § 802(b) — 2 cases
In Re Green River Drainage Area, 147 F. Supp. 127 (D. Utah 1956).
Fed. \Non-Reserved\" Water Rights" (OLC 1982).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.