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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1920

   Pub. L. 66–285 · 41 Stat. 1063

   Enacted · 16 U.S.C. § 798

   June 10, 1920, ch. 285, pt. I, § 5, 41 Stat. 1067

   Source evidence

   Code source credit
   June 10, 1920, ch. 285, pt. I, § 5, 41 Stat. 1067

2. 2013

   Hydropower Regulatory Efficiency Act of 2013

   Pub. L. 113–23 § 5 · 127 Stat. 493

   1. Amended · 16 U.S.C. § 798

      Pub. L. 113–23 designated existing first, second, and third sentences as subsecs. (a), (c), and (d), respectively

   2. Added · 16 U.S.C. § 798

      Pub. L. 113–23 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 113–23 designated existing first, second, and third sentences as subsecs. (a), (c), and (d), respectively, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT PERIODS.   Section 5 of the Federal Power Act (16 U.S.C. 798) is amended— (1) by designating the first, second, and third sentences as subsections (a), (c), and (d), respectively; and (2) by inserting after subsection (a) (as so designated) the following: “(b) 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.” .

3. 2018

   America’s Water Infrastructure Act of 2018

   Pub. L. 115–270 § 3001(a)(1) · 132 Stat. 3765

   Substituted · 16 U.S.C. § 798(a)

   Pub. L. 115–270, § 3001(a)(1), substituted “4 years” for “three years”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–270, § 3001(a)(1), substituted “4 years” for “three years”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “three” and inserting “4”; and

4. 2018

   America’s Water Infrastructure Act of 2018

   Pub. L. 115–270 § 3001(a)(2) · 132 Stat. 3765

   1. Inserted · 16 U.S.C. § 798(b)

      Pub. L. 115–270, § 3001(a)(2), inserted dash after “The Commission may”

   2. Amended · 16 U.S.C. § 798(b)

      Pub. L. 115–270, § 3001(a)(2), designated remaining provisions as par. (1)

   3. Substituted · 16 U.S.C. § 798(b)

      Pub. L. 115–270, § 3001(a)(2), substituted “4 additional years beyond the 4 years” for “2 additional years beyond the 3 years”

   4. Added · 16 U.S.C. § 798(b)

      Pub. L. 115–270, § 3001(a)(2), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–270, § 3001(a)(2), inserted dash after “The Commission may”, designated remaining provisions as par. (1), substituted “4 additional years beyond the 4 years” for “2 additional years beyond the 3 years”, and added par. (2).

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by striking “Commission may extend the period of a preliminary permit once for not more than 2 additional years beyond the 3 years” and inserting the following: “Commission may— “(1) extend the period of a preliminary permit once for not more than 4 additional years beyond the 4 years” ; (B) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(2) after the end of an extension period granted under paragraph (1), issue an additional permit to the permittee if the Commission determines that there are extraordinary circumstances that warrant the issuance of the additional permit.” .

7 of 8 references resolved to an enrolled provision · 1 partial