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. § 804

Project works affecting navigable waters; requirements insertable in license

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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.(June 10, 1920, ch. 285, pt. I, § 11, 41 Stat. 1070; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)Statutory Notes and Related SubsidiariesChange 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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.

Notes of Decisions
Cited in 6 cases, 1939–1977 · leading case: United States v. Appalachian Elec. Power Co., 107 F.2d 769 (4th Cir. 1939).
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United States v. Appalachian Elec. Power Co., 107 F.2d 769 (4th Cir. 1939). · cites it 2× “[10C] Section 11, 16 U.S.C.A. § 804 , provides for the inclusion of conditions to promote navigation where the dam is constructed "in any of the navigable waters of the United States.”
Alabama Power Co. v. Fed. Power Comm'n, 128 F.2d 280 (D.C. Cir. 1942). “1070 , 1071, 1072, 1073, 1074, 1076, §§ 11, 12, 14, 20, 26, 16 U.S.C.A. §§ 804 , 805, 807, 813, 820. Section 26 of the 1920 Act provides for the institution, by the Attorney General, of proceedings in equity for the purpose of revoking any license issued under the Act because of…”
Portland Gen. Elec. Co. & Publishers' Paper Co. v. Fed. Power Comm'n, Crown Zellerbach Corp. v. Fed. Power Comm'n, 328 F.2d 165 (9th Cir. 1964). “1070 , 16 U.S.C. § 804 (1958). 6 On August 18, 1960, the Commission entered an order granting a rehearing confined to conditions relating to navigation facilities.”
United States v. Dist. of Columbia, Dist. of Columbia v. Landmark Servs., Inc., 571 F.2d 651 (D.C. Cir. 1977). “The genesis of Section 804 was a request by the Secretary of the Interior, in 1967, that Congress include in a then pending bill involving the National Visitor Center the following provision: “The Secretary is directed to utilize the authority under the Act of August 25, 1916 (…”
State Water Control Bd. v. Hoffman, 427 F. Supp. 585 (W.D. Va. 1977). “§ 811 ; see also, 16 U.S.C. §§ 804 , 807. A review of § 154 and its legislative history convinces the court that it should not be construed to limit the jurisdiction of the Corps over construction of piers and wharves in Smith Mountain Lake.”
State of California v. Fed. Power Comm'n, 345 F.2d 917 (9th Cir. 1965). “1070 (1920), 16 U.S.C. § 804 (1958). In our opinion the same principle governs where conditions in a license are imposed pursuant to section 10(a).”
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