16 Usc 799

§ 797d

TITLE 16—CONSERVATION

Page 1250

CODIFICATION

CODIFICATION

Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Federal Power Act which
generally comprises this chapter.

Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Federal Power Act which
generally comprises this chapter.

§ 797d. Third party contracting by FERC

§ 798. Purpose and scope of preliminary permits;
transfer and cancellation

(a) Environmental impact statements
Where the Federal Energy Regulatory Commission is required to prepare a draft or final
environmental impact statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 and following) in connection with an
application for a license under part I of the Federal Power Act [16 U.S.C. 791a et seq.], the Commission may permit, at the election of the applicant, a contractor, consultant or other person
funded by the applicant and chosen by the Commission from among a list of such individuals or
companies determined by the Commission to be
qualified to do such work, to prepare such statement for the Commission. The contractor shall
execute a disclosure statement prepared by the
Commission specifying that it has no financial
or other interest in the outcome of the project.
The Commission shall establish the scope of
work and procedures to assure that the contractor, consultant or other person has no financial
or other potential conflict of interest in the outcome of the proceeding. Nothing herein shall affect the Commission’s responsibility to comply
with the National Environmental Policy Act of
1969.
(b) Environmental assessments
Where an environmental assessment is required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 and following) in connection with an application for a license under
part I of the Federal Power Act [16 U.S.C. 791a
et seq.], the Commission may permit an applicant, or a contractor, consultant or other person
selected by the applicant, to prepare such environmental assessment. The Commission shall
institute procedures, including pre-application
consultations, to advise potential applicants of
studies or other information foreseeably required by the Commission. The Commission may
allow the filing of such applicant-prepared environmental assessments as part of the application. Nothing herein shall affect the Commission’s responsibility to comply with the National Environmental Policy Act of 1969.
(c) Effective date
This section shall take effect with respect to
license applications filed after October 24, 1992.
(Pub. L. 102–486, title XXIV, § 2403, Oct. 24, 1992,
106 Stat. 3097.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan.
1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
The Federal Power Act, referred to in subsecs. (a) and
(b), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I of the Act is classified generally to this subchapter (§ 791a et seq.). For complete classification of
this Act to the Code, see section 791a of this title and
Tables.

(a) Purpose
Each preliminary permit issued under this
subchapter shall be for the sole purpose of maintaining priority of application for a license
under the terms of this chapter for such period
or periods, not exceeding a total of three years,
as in the discretion of the Commission may be
necessary for making examinations and surveys,
for preparing maps, plans, specifications, and estimates, and for making financial arrangements.
(b) Extension of period
The Commission may extend the period of a
preliminary permit once for not more than 2 additional years beyond the 3 years permitted by
subsection (a) if the Commission finds that the
permittee has carried out activities under such
permit in good faith and with reasonable diligence.
(c) Permit conditions
Each such permit shall set forth the conditions under which priority shall be maintained.
(d) Non-transferability and cancellation of permits
Such permits shall not be transferable, and
may be canceled by order of the Commission
upon failure of permittees to comply with the
conditions thereof or for other good cause shown
after notice and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, § 5, 41 Stat. 1067; renumbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§ 203, 212, 49 Stat. 841, 847; Pub. L.
113–23, § 5, Aug. 9, 2013, 127 Stat. 495.)
AMENDMENTS
2013—Pub. L. 113–23 designated existing first, second,
and third sentences as subsecs. (a), (c), and (d), respectively, and added subsec. (b).
1935—Act Aug. 26, 1935, § 203, amended section generally, striking out ‘‘and a license issued’’ at end of second sentence and inserting ‘‘or for other good cause
shown after notice and opportunity for hearing’’ in last
sentence.

§ 799. License; duration, conditions, revocation,
alteration, or surrender
Licenses under this subchapter shall be issued
for a period not exceeding fifty years. Each such
license shall be conditioned upon acceptance by
the licensee of all of the terms and conditions of
this chapter and such further conditions, if any,
as the Commission shall prescribe in conformity
with this chapter, which said terms and conditions and the acceptance thereof shall be expressed in said license. Licenses may be revoked
only for the reasons and in the manner prescribed under the provisions of this chapter, and
may be altered or surrendered only upon mutual
agreement between the licensee and the Commission after thirty days’ public notice.
(June 10, 1920, ch. 285, pt. I, § 6, 41 Stat. 1067; renumbered pt. I and amended, Aug. 26, 1935, ch.

Page 1251

§ 802

TITLE 16—CONSERVATION

687, title II, §§ 204, 212, 49 Stat. 841, 847; Pub. L.
104–106, div. D, title XLIII, § 4321(i)(6), Feb. 10,
1996, 110 Stat. 676; Pub. L. 104–316, title I, § 108(a),
Oct. 19, 1996, 110 Stat. 3832; Pub. L. 105–192, § 2,
July 14, 1998, 112 Stat. 625.)
AMENDMENTS
1998—Pub. L. 105–192 inserted at end ‘‘Licenses may be
revoked only for the reasons and in the manner prescribed under the provisions of this chapter, and may
be altered or surrendered only upon mutual agreement
between the licensee and the Commission after thirty
days’ public notice.’’
1996—Pub. L. 104–316 struck out at end ‘‘Licenses may
be revoked only for the reasons and in the manner prescribed under the provisions of this chapter, and may
be altered or surrendered only upon mutual agreement
between the licensee and the Commission after thirty
days’ public notice.’’
Pub. L. 104–106 struck out at end ‘‘Copies of all licenses issued under the provisions of this subchapter
and calling for the payment of annual charges shall be
deposited with the General Accounting Office, in compliance with section 20 of title 41.’’
1935—Act Aug. 26, 1935, § 204, amended section generally, substituting ‘‘thirty days’’ for ‘‘ninety days’’ in
third sentence and inserting last sentence.
EFFECTIVE DATE OF 1996 AMENDMENT
For effective date and applicability of amendment by
Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set
out as a note under section 2302 of Title 10, Armed
Forces.

§ 800. Issuance of preliminary permits or licenses
(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 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.
(c) Assumption of project by United States after
expiration of license
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.)
CODIFICATION
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
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).
EFFECTIVE 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.

§ 801. Transfer of license; obligations of transferee
No voluntary transfer of any license, or of the
rights thereunder granted, shall be made without the written approval of the commission; and
any successor or assign of the rights of such licensee, whether by voluntary transfer, judicial
sale, foreclosure sale, or otherwise, shall be subject to all the conditions of the license under
which such rights are held by such licensee and
also subject to all the provisions and conditions
of this chapter to the same extent as though
such successor or assign were the original licensee under this chapter: Provided, That a
mortgage or trust deed or judicial sales made
thereunder or under tax sales shall not be
deemed voluntary transfers within the meaning
of this section.
(June 10, 1920, ch. 285, pt. I, § 8, 41 Stat. 1068; renumbered pt. I, Aug. 26, 1935, ch. 687, title II,
§ 212, 49 Stat. 847.)
§ 802. Information to accompany application for
license; landowner notification
(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;