U.S. Code » Title 16 » Chapter CHAPTER 12E— NIAGARA POWER PROJECT

16 U.S.C. § 836

Authorization to license construction and operation; licensing conditions

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(a) The Federal Energy Regulatory Commission is expressly authorized and directed to issue a license to the Power Authority of the State of New York for the construction and operation of a power project with capacity to utilize all of the United States share of the water of the Niagara River permitted to be used by international agreement.(b) The Federal Energy Regulatory Commission shall include among the licensing conditions, in addition to those deemed necessary and required under the terms of the Federal Power Act [16 U.S.C. 791a et seq.], the following:(1) In order to assure that at least 50 per centum of the project power shall be available for sale and distribution primarily for the benefit of the people as consumers, particularly domestic and rural consumers, to whom such power shall be made available at the lowest rates reasonably possible and in such manner as to encourage the widest possible use, the licensee in disposing of 50 per centum of the project power shall give preference and priority to public bodies and nonprofit cooperatives within economic transmission distance. In any case in which project power subject to the preference provisions of this paragraph is sold to utility companies organized and administered for profit, the licensee shall make flexible arrangements and contracts providing for the withdrawal upon reasonable notice and fair terms of enough power to meet the reasonably foreseeable needs of the preference customers.(2) The licensee shall make a reasonable portion of the project power subject to the preference provisions of paragraph (1) of this subsection available for use within reasonable economic transmission distance in neighboring States, but this paragraph shall not be construed to require more than 20 per centum of the project power subject to such preference provisions to be made available for use in such States. The licensee shall cooperate with the appropriate agencies in such States to insure compliance with this requirement. In the event of disagreement between the licensee and the power-marketing agencies of any of such States, the Federal Energy Regulatory Commission may, after public hearings, determine and fix the applicable portion of power to be made available and the terms applicable thereto: Provided, That if any such State shall have designated a bargaining agency for the procurement of such power on behalf of such State, the licensee shall deal only with such agency in that State. The arrangements made by the licensee for the sale of power to or in such States shall include observance of the preferences in paragraph (1) of this subsection.(3) The licensee shall contract, with the approval of the Governor of the State of New York, pursuant to the procedure established by New York law, to sell to the licensee of Federal Energy Regulatory Commission project 16 for a period ending not later than the final maturity date of the bonds initially issued to finance the project works herein specifically authorized, four hundred and forty-five thousand kilowatts of the remaining project power, which is equivalent to the amount produced by project 16 prior to June 7, 1956, for resale generally to the industries which purchased power produced by project 16 prior to such date, or their successors, in order as nearly as possible to restore low power costs to such industries and for the same general purposes for which power from project 16 was utilized: Provided, That the licensee of project 16 consents to the surrender of its license at the completion of the construction of such project works upon terms agreed to by both licensees and approved by the Federal Energy Regulatory Commission which shall include the following: (a) the licensee of project 16 shall waive and release any claim for compensation or damages from the Power Authority of the State of New York or from the State of New York, except just compensation for tangible property and rights-of-way actually taken, and (b) without limiting the generality of the foregoing, the licensee of project 16 shall waive all claims to compensation or damages based upon loss of or damage to riparian rights, diversionary rights, or other rights relating to the diversion or use of water, whether founded on legislative grant or otherwise.(4) The licensee shall, if available on reasonable terms and conditions, acquire by purchase or other agreement, the ownership or use of, or if unable to do so, construct such transmission lines as may be necessary to make the power and energy generated at the project available in wholesale quantities for sale on fair and reasonable terms and conditions to privately owned companies, to the preference customers enumerated in paragraph (1) of this subsection, and to the neighboring States in accordance with paragraph (2) of this subsection.(5) In the event project power is sold to any purchaser for resale, contracts for such sale shall include adequate provisions for establishing resale rates, to be approved by the licensee, consistent with paragraphs (1) and (3) of this subsection.(6) The licensee, in cooperation with the appropriate agency of the State of New York which is concerned with the development of parks in such State, may construct a scenic drive and park on the American side of the Niagara River, near the Niagara Falls, pursuant to a plan the general outlines of which shall be approved by the Federal Energy Regulatory Commission; and the cost of such drive and park shall be considered a part of the cost of the power project and part of the licensee’s net investment in said project: Provided, That the maximum part of the cost of such drive and park to be borne by the power project and to be considered a part of the licensee’s net investment shall not exceed $15,000,000.(7) The licensee shall pay to the United States and include in its net investment in the project herein authorized the United States share of the cost of the construction of the remedial works, including engineering and economic investigations, undertaken in accordance with article II of the treaty between the United States of America and Canada concerning uses of the waters of the Niagara River signed February 27, 1950, whenever such remedial works are constructed.(Pub. L. 85–159, § 1, Aug. 21, 1957, 71 Stat. 401; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)Editorial NotesReferences in Text

The Federal Power Act, referred to in subsec. (b), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

Statutory Notes and Related SubsidiariesTransfer of Functions

“Federal Energy Regulatory Commission” substituted in text for “Federal Power Commission” pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.

Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 1958–2023 · leading case: Occidental Chemical Corp. v. Power Authority
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Occidental Chemical Corp. v. Power Authority (1992) nywd · cites it 19× “BACKGROUND This case involves a question of statutory construction: Does the Niagara Redevelop *318 ment Act (“NRA”), 16 U.S.C. § 836 (b)(3), prohibit the Power Authority of the State of New York (“PASNY”) from selling Replacement Power from its Niagara hydroelectric project at…”
Federal Power Commission v. Tuscarora Indian Nation (1960) scotus · cites it 4× “But there are other more fundamental and decisive reasons why I disagree with the Court's interpretation of the Federal Power Act as it relates to Indians.”
In Re Nitec Paper Corp. (1984) nysd · cites it 5× “, the Federal Power Act, whose provisions govern the “Niagara Redevelopment Act,” 16 U.S.C. §§ 836 -836a (1982). Appellants seek review of the Order.”
Oneida Indian Nation v. County of Oneida (1974) scotus · cites it 2× “401 (1957), 16 U. S. C. §§ 836 , 836a, by which Congress directed the Federal Power Commission to issue a license to the New York Power Authority for the construction and operation of a power project to utilize water made available to the United States by a 1950 treaty with…”
Niagara County v. Power Authority (2011) nyappdiv · cites it 3× “Rather, the NRA requires that, in disposing of 50% of the hydroelectric power from the Niagara Project, PASNY “shall give preference and priority to public bodies and nonprofit cooperatives within economic transmission distance” ( 16 USC § 836 [b] [1] [emphasis added]; see Power…”
Occidental Chemical Corp. v. Power Authority of New York (1991) nywd · cites it 10× “The central issue in both of these cases is whether the Power Authority of the State of New York (“PASNY”) is authorized under the Niagara Redevelopment Act (“NRA”), 16 U.S.C. §§ 836 , 836a, and/or its license issued thereunder by the Federal Power Commission (“FPC”), 19 F.”
Allegheny Electric Cooperative, Inc. v. Power Auth. of New York (1986) nysd · cites it 6× “” 16 U.S.C. § 836 (b)(1). Additionally, the NRA requires that PASNY provide up to 20% of this preference power to similar entities in neighboring states.”
Advanced Refractory Technologies, Inc. v. Power Authority (1993) ny · cites it 2× “The primary issue on this appeal is whether 16 USC § 836 (the Niagara Redevelopment Act) and the contracts entered into pursuant to that act, as well as Public Authorities Law § 1005 (5), require the Power Authority of the State of New York (PASNY) to sell 445,000 kilowatts of…”
National Labor Relations Board v. Little River Band of Ottawa Indians Tribal Government (2015) ca6 · cites it 2× “Tuscarora presented the question of whether a portion of the Tuscarora Indian Nation’s lands could be condemned under the eminent domain powers of § 21 of the Federal Power Act, 16 U.S.C. §§ 836 , 836a (2012). Id. at 115 .”
DiLaura v. Power Authority of State of NY (1987) nywd · cites it 3× “In 1957 Congress enacted the Niagara Redevelopment Act (“the Act”), 16 U.S.C. § 836 et seq. The Act directed the Federal Power Commission, succeeded in 1977 by the Federal Energy Regulatory Commission (“FERC”), to issue a license to PASNY “for the construction and operation of a…”
Hanlin Group, Inc. v. Power Authurity of New York (1989) nysd · cites it 2× “The only federal statute relied upon is the Niagara *310 Redevelopment Act, 16 U.S.C. § 836 — a law which is only applicable to energy derived from the Niagara River.”
DiLaura v. Power Authority of State of New York (1991) nywd · cites it 2× “In 1957, Congress enacted the Niagara Redevelopment Act (“NRA”), 16 U.S.C. § 836 et seq. The NRA directed the Federal Power Commission (“FPC”), succeeded in 1977 by the Federal Energy Regulatory Commission (“FERC”), to issue a license to PASNY “for construction and operation of…”
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